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26 Cards in this Set
- Front
- Back
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Eight Issue Areas
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1. SMJ
2. PJ & Process 3. Venue 4. Pleadings 5. Joinder 6. Discovery 7. Jury Trial & Related Motions 8. Finality & Appellate Review |
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Federal Courts are courts of
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limited jurisdiction
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Therefore, there must be a jurisdictional basis for each claim filed in federal court. There are two primary jurisidction bases:
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arising under federal law
diversity jurisdiction |
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A claim does arise under federal law if the claim is either
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created by federal law OR
if the claim merely depends on a substantial (constitutional) federal question |
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plaintiff files a common law contract action in federal court against D. In its complaint, P alleges that the D will raise the defense that the contract is unenforceable b/c it violates the federal antitrust laws. Does P's claim arise under federal law?
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No. The federal issue must appear on the face of the P's well-pled complaint as part of the P's own claim, and not merely by way of some defense.
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Federal courts have jurisdictions over claims in which there is __________________ and in which the amount in controversy ______________
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complete diversity
$75k |
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The rule of complete diversity means
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that no single plaintiff may be a citizen of the same state as any single defendant
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MINI REVIEW
SMJ |
1. Limited Jurisidction
2. Arisising under federal law 3. Diversity (complete + >$75k) 4. Supplemental (Common Nucleus Operative Fact) |
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MINI REVIEW
Process |
A - WASP
1. Abode 2. Waiver 3. Agent 4. State Methods 5. Personal Service |
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MINI REVIEW
Venue |
A. Any defendant resides, if all reside in same state
B. Substantial part of claim arose C. Transfer (new venue proper + discretion) |
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MINI REVIEW
Pleadings |
Requirements: Notice of Plausible claims except fraud
Amendments: freely given for justice Relation back to claims: Sameness Relation back to parties: Knowledge, Identity Mistake, Service (w/in 120 days of filing), Sameness |
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MINI REVIEW
Joinder Compulsory Counterclaims |
Same transaction or occurrence
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MINI REVIEW
Joinder Impleader |
third party claims for all or part
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MINI REVIEW
Joinder Interpleader |
Common Fund + Rival Claimants (minimal enough)
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MINI REVIEW
Joinder Intervention |
1. Interest Adversly effected
2. Discretion + commonality |
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MINI REVIEW
Joinder Indispensable |
absence so prejudicial lawsuit dismissed
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MINI REVIEW
Joinder Class Actions |
CANTDO
Commonality Adequacy Numerosity Typicality |
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MINI REVIEW
Discovery Methods |
Automatic Prompt Disclosure + Presumptive Limits + Duty to Supplement
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MINI REVIEW
Discovery Scope |
Work Product --> Atty's mental impressions: NEVER
everything showing (sub need + undue hardship) |
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MINI REVIEW
Trial & Related Motions Summary Judgment |
No genuine issue of material fact + burden transfers to nonmover
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MINI REVIEW
Trial & Related Motions Judgment as a matter of law |
No legally sufficient basis + no reasonable jury
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MINI REVIEW
Trial & Related Motions renewed judgment as matter of law |
renewed if original JML
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MINI REVIEW
Trial & Related Motions New Trial |
1. Discretionary - Substantial trial errors
2. verdict against the wieght |
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MINI REVIEW
Trial & Related Motions Trail by Jury |
demand + money
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MINI REVIEW
Finality |
parties, but only parties, are barred from relitigating
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MINI REVIEW
Appellate Review |
only final orders except:
partial or controlling legal issue |
