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145 Cards in this Set

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What does personal jurisdiction tell us?
In what states the litigation may be filed.
What else must you know?
Whether to got to state or federal court there.
What are the two main types of federal court cases?
1) Diversity of citizenship (including alienage)
2) Federal Question
None
What are the requirements for diversity of citizenship cases?
1) Amount in controversy must EXCEED $75,000
AND
2) The action must be between citizens of different states OR between a citizen of a state and a citizen or subject of a foreign country.

NOTE: Always discuss both requirements even if it's obvious that one is not met.
None
Who are the right kind of litigants for a diversity (or alienage) case?
It's a complete diversity rule, so there is no diversity of citizensihp jurisdiction if ANY P is a citizen of the same state as ANY D.
What is the rule for aliens admitted to the US for permanent residence?
Aliens admitted to the US for permanent residence are treated as citizens of the state in which they are domiciled.
Can a US citizen who lives abroad sue in a federal court under diversity jurisdiction?
No. Because the citizen would not be domiciled in any state of the US. To be a citizen of a state in the US, you have to be domiciled in that state.
How is domicile established?
1)PRESENCE in the state at some point
WITH
2) the INTENT (subjective) to make that state your permanent or fixed home NOTE: Always discuss both requirements
None
How many states can a person be a citizen of?
A person has only one domicile at a time so humans can only be citizens of one state at a time.
What if there is diversity when the suit is filed, but then P moves to D's state? How about when the claim arose?
Diversity is required when the case is FILED. That moment is when we have to meet these rules.
*** How is a corporation's citizenship determined? ***
Don't talk about domicile for corporations. For corporations, citizenship equals:
1) All states where incorporated (usually there's only one)AND
2) The ONE state where the company has its principal place of business (PPB).

*Corporations can be citizens of more than one state at a time (but only has one PPB)
None
How do you determine the Primary Place of Business?
Two tests that different courts use:
1)Headquarters (nerve center - where decisions are made); OR
2) Major production or service activity (muscle center).

Generally, courts consider the nerve center as PPB unless ALL business activity is in one state.
None
How is citizenship determined for unincorporated associations (partnerships, labor unions, etc.)? How about for minors, decedents or incompetents?
By the citizenship of ALL members. (For partnerships, that includes general and limited partners. Can result in association being citizen of all 50 states). For minors, decedents, incompetents it is the citizenship of the person being represented.
How is the amount in controversy determined? Is interest or costs included?
There must be a good faith allegation that the claim in the complaint alone EXCEEDS $75,000, EXCLUSIVE of interests and costs.

*Exactly $75,000 is NOT enough.
None
When is what the P claims not OK?
Whatever P claims in good faith is OK unless it is "clear to a legal certainty" that P cannot recover more than $75,000.
What if P ultimately recovers less than $75,000?
Jurisdiction is still OK, but P may be liable for costs even though she won the case. Costs do not include attorney fees. (Usually winner recovers costs from loser).
What is aggregation?
Where P must add two or more claims to meet the amount in controversy requirement. ($75,000)
When can you aggregate claims?
1) We aggregate multiple claims if it's one P vs. one D. The claims don't have to be related at all. OR
2) Joint claims can also be aggregated (e.g., where P is suing joint tortfeasors).
None
What if there are two Ds', claims against each are less than $75,000, but together it's more?
Can't aggregate b/c here it's not one P vs. one D
How do we figure the value when a plaintiff is suing for an injunction? How about a defendant?
Figure out the value of the injunction. Usually, if EITHER of the following tests yields over $75,000, the amount requirement is deemed satisfied:
1) Majority view: Does the encroachment hurt P by more than $75,000?
2) Minority view: Would it cost D more than $75,000 to comply with the injunction?
None
What types of cases are excluded from diversity jurisdiction?
Even if requirements for diversity of citizenship jurisdiction are met, federal courts will NOT hear cases involving:
1)the issuance of a divorce;
2) alimony;
3) child custody decree;
4) probate of a decedent's estate.
None
What is is the rule with respect to collusion?
No subject matter jurisdiction when a party,
"has been improperly or collusively made or joined to invoke jurisdiction."
(E.g., assign your claim to an out of state citizen to get diversity).
None
How do you establish federal question (FQ) jurisdiction? Is there a citizenship or amount in controversy requirement for Federal Question Cases?
Complaint must show a right or interest founded substantially on a federal law (e.g., federal constitution, legislation). There is no diversity of Citizenship requirement and no amount in controversy requirement because the P is enforcing a federal right.
How do you know if there is FQ jurisdiction?
1) Some cases have exclusive federal jurisdiction (like patent infringement, some federal securities law cases);
2) Where there's no exclusive jurisdiction, follow well-pleaded complaint rule.
None
What is the well-pleaded complaint rule?
If the complaint were well-pleaded, just stating P's claim, without extraneous material, would it be federal? Ask, is P enforcing a federal right? If yes, it's a FQ case. If no, it's not a FQ case.
Once the CASE is in federal court based on Federal Question or diversity jurisdiction, what is the rule for additional claims asserted by P or another party?
For every single claim joined in federal court, we must have a basis of subject matter jurisdiction. Always have to ask whether a claim is supported by diversity or FQ jurisdiciton. If so, claim can be heard in federal court. If not, apply supplemental jurisdiction analysis.
What is supplemental jurisdiction?
Allows federal court to entertain claims over which it would have no independent basis of subject matter jurisdiction (i.e., claims that aren't federal questions and where there's no diversity of citizenship jurisdiction)
Does every single claim asserted in a federal court case have to have federal subject matter jurisdcition?
Yes.
What is the Test for exercising supplemental jurisdiction? What will satisfy the test?
Does the additional claim (the original FQ and the additional claim) share a "common nucleus of operative fact" with the underlying case? Supplemental jurisdcition requirement is always met if the claim arises out of the same transaction/occurrence (T/O).
If these requirements are satisfied, must the court hear the case?
Even if the requirements are satisfied, the court has DISCRETION not to hear the supplemental claim.
*** Can a plaintiff in a diversity case use supplemental jurisdiction to overcome the complete diversity rule? ***
Heck no. If the plaintiff adds another defendant or another plaintiff asserts a claim against the defendant arising out of the same case/controversy, supplemental jurisdiction cannot be used to defeat the complete diversity requirement. Note: that ite applies to only the plaintiffs claims and only in diversity cases not in federal question cases.
Can supplemental jurisdiction be used in a diversity case for a claim by a plaintiff that does not meet the amo9unt in controversy requirement (+$75k)?
Yes. The $75k requirement does not apply for supplemental jurisdicition cases if the original claim met the requirement and the case meets the transaction/occurrence requirement.
When does court have discretion NOT to hear supplemental claims?
1) If Federal Question is dismissed early in the proceedings (before trial, usually); or
2) If the state law claim is complex; or
3) If the state law issues predominate.
None
What is removal?
Allows Ds (only) to have case filed in state court "removed"; (transferred) to federal court embracing the state court in which originally filed.
What is the general test for removal? What is the timing?
Case is removable if case could have been filed in federal court, i.e., if there is subject matter jurisdiction. Timing: Must remove within 30 days of SERVICE (not filing) of the first removable pleading. Usually, that's at the outset, with service of process, but it may occur later.
What if one D wants to remove and another doesn't?
No removal. All Ds must agree.
What if P sues in state court against D1 for violation of federal right, and D2 for violating a state law right and there's no diversity. Can D1 remove?
Maybe. This is rare: If there is a "separate and independent" federal question claim against one D, he can remove the whole case, but court can remand state law issues.
What is the Special Removal Rule for Diversity Cases?
There is NO REMOVAL if any D is a citizen of the forum. This only applies to diversity cases.
What timing rule for removal?
There is No Removal more than 1 year after the case was filed in state court.
What is the procedure for removal?
D files notice of removal in federal court, setting forth grounds of removal; signed under Rule 11; attach all documents served on D in state action; copy to all adverse parties. Then D files a copyp of the notice of removal in state court.
What if removal is improper?
P moves to remand to state court; must do so within 30 days if based on defect other than subject matter jurisdiction. The Court must remand ANYTIME it finds there is no federal jurisdiction.
When must court remand?
Anytime it finds there is no federal jurisdiction.
What is the rule with respect to filing of counterclaims by D and removal?
1) A D who files a permissive counterclaim in state court probably waives the right to remove;
2) A D who files a compulsory counterclaim in state court probably does not waive the right to remove.
None
What is the Erie Doctrine?
Concerns the choice of law b/t federal and state law. In diversity cases (or supplemental jurisdiction claims) federal court must apply state substantive law.
How can you tell what's substantive?
Easy Issues:
(1) Elements of claim/defense; (2) Statute of Limitations; (3) Rules for Tolling SoL; (4) Choice of Law Rules.

If not easy, approach to take depends on source of federal law.
First, is there some federal law (statute, FRCP, FRE) on point that directly concflicts with state law? If so, apply the federal law, so long as it is valid. A FRCP is valid if it is "arguably procedural."
Second, if no federal law is on point, apply three phrases in analysis:
1) Outcome determinative;
2) Balance of interests;
3) Avoid forum shopping.
None
What is the "outcome determinative" analysis?
If applying or ignoring the state rule would affect the outcome of the case, it is probably substantive and that means you should probably apply the state law.
What is the balance of interests analysis?
Does either federal or state system have strong interest in having its rule applied? E.g., strong federal interest in having jury decide fact questions; contrary state law won't be followed unless very strong state interest.
What is the forum shopping analysis?
If the federal judge does not follow state law on this point, will it cause litigants to flock to federal court? If so, should probably apply state law. Don't want to give incentive to forum shop.
What is venue?
Just means "place." After deciding to sue in federal court ina particular state, say NY, next issue is where - in which federal district (ND, SD, ED, WD).
What is the difference b/t subject matter jurisdiction and venue?
Subject matter jurisdiction tells us we can go to federal court; venue tells us which federal courts.
What are the rules?
In any case (FQ or diversity), P may lay venue in any district where EITHER of these two things is true:
1) All Ds reside or
2) A substantial part of the claim arose
None
What if no district anywhere in US meets either of these choices (only really where all Ds reside in different districts and claim arose overseas)?
Then:
1) In diversity of citizenship cases, any district where any D is subject to personal jurisdiction;
2) In federal question cases, any district where any D is found.
None
What is the special rule for where Ds reside in different districts of the same state?
If Ds reside in different districts of same statee, venue is proper in the district where any one of the Ds resides.
How do you determine residence for an individual? For a Corporation?
1) For individuals, residence usually equals domicile. So, it is usually the same as an individual's citizenship for diversity of citizenship jurisdiction purposes;
2) A corporation "resides" in all districts where the corporation was subject to personal jurisdiction when the case commenced.
Note: don't confuse corporation's citizenship for diversity jurisdcition with residence for venue. E.g., Ford is a citizen of Del. and Mich. but is a resident of every district where it is subject to personal jurisdiction.
None
What are the rules of venue transfer?
Case can only be transferred to another federal district that:
1) has personal jurisdcition over the defendant; AND
2) is a proper venue. These must be true without waiver.

Note: that if the venue in the original forum was improper, the court may transfer in the interest of justice or dismiss the case.
None
What factors will the court consider in deciding whether to transfer to another federal district court when original venue was proper?
1) Convenience of parties;
2) Convenience of witnesses;
3) "Interests of justice."
None
What choice of law rules are applied by the court to which a case is transferred?
The court to which a case is transferred applies the choice of law rules of the original court, even if P initiated the transfer.
What is process? When must it be served? Who may serve it?
Deliver to D:
1) Summons (formal court notice of a suit and time for response); AND
2) copy of the complaint.

Together these are process and must be served within 120 DAYS of filing the complaint. It may be served by ANY NON-PARTY OVER 18.
None
What if P doesn't serve w/in 120 days of filing the complaint?
Case will be dismisssed without prejudice, unless the P shows good cause for failing to serve D within 120 dayas, in which case the case will not be dismissed.
What method of service of process can be used?
The federal district court may use any method of service permitted by:
1) the FRCP; or
2) the law of the state in which it sits; or
3) the law of the state in which service is effected.
None
What is personal service? Where can it be accomplished?
Papers are given to D personally. Anywhere in the forum state (and in some cases outside of the state). "Serve him in a bar, serve him in a car. . ."
What and when is substituted service acceptable?
Substituted service is leaving the process with another person. It is acceptable if it is:
1) D's usual abode AND
2) You serve someone of suitable age and discretion who resides there.

It's also acceptable to serve the D's agent authorized to receive such notice.
None
What is waiver by mail? Is it acceptable?
Process is mailed to D by first class mail, postage prepaid. This is OK if D returns waiver from within 30 days. If not P must have D served either personally or by substituted service. If D does not waive service, she may have to pay the cost of service.
When is it OK to deliver process to D in another state?
OK ONLY if state law allows (for example, with a long-arm statute).
What are the exceptions to the geographic limitations rule?
Where these apply, you can serve out of state even without state law: 1) Bulge rule (100 miles); and 2) Statutory interpleader
When can different Ps sue (join) together?
When their claims:
1) arise from the same Transaction/Occurence; AND;
2) raise at least one common question.

Sunject Matter Jurisdiction is still applicable.
None
When can P sue different co-Ds together?
When the claims against the two Ds:
1) Arise from the same Transaction/Occurence; AND
2) Will give rise to at least one common question.

Subject Matter Jurisdiction is still applicable.
None
First: Who's absentee party's are necessary?
Absentees (persons not originally in the suit) who should be forced into the pending case b/c they are necessary.

Absentees are necessary if:
1) Without absentee, cannot accord complete relief among those already joined (worried about multiple suits);
***2) Absentee's interest will be harmed if he isn't joined (practical harm); or
3) Absentee claims an interest which subjects a party (usually D) to possibility of multiple obligations.

If the absentee falls into any of these three categories, the court can order joinder.
None
Are joint tortfeasors necessary?
No. (even though they would seem to meet one of those tests)
Second: When can a necessary party be joined ?
Where there's:
(1) personal jurisdiction over the party AND
(2) the party can be joined without messing up diversity.
None
What happens if a necessary party cannot be joined?
In such a case, the court must either:
1) proceed with the case without joining the party; or
2) Dismiss the pending case.

(If court does this, label party "indispensable")
None
How does the court decide whether to proceed or dismiss?
The Court Balances these factors:
1) Is there an alternative forum available where everybody (including the absentee) can be joined (maybe state court)?
2) What is the real likelihood of harm to anybody if we proceed without absentee?
3) Can the court do something to shape the order in the pending case to avoid such harm?
None
What is a counterclaim? When is it filed?
An offensive claim against an opposing party. E.g., a claim by the D against the P. It is filed with Defendant's answer.
None
What are compulsory counterclaims? When must they be filed?
Ones that arise from the same T/O as P's claim. They must be filed with your answer in the pending case (unless it has already been asserted) or else it's waived. D cannot sue on the claim in a separate case.
What is a permissible counterclaim?
Does not arise from the same T/O as P's claim. Does not have to be asserted in the pending case. D may assert this in the pending case or in a separate case.
Where D files a motion to dismiss that is granted and never has to file an answer, can he later file a counterclaim that arose out of the same T/O as the first case?
Yes. B/c he never had to file an answer, so he didn't have to assert the compulsory counterclaim.
What must you assess for every claim, counterclaim and cross-claim in federal court?
"For every claim asserted in federal court, we must assess whether there is federal subject matter jurisdiction."
(Diversity, alienage, or Federal Question and $75k requirement. But the $75k requirement can be overcome by supplemental jurisdiction .)
None
Can you use supplemental jurisdiction (ancillary) to get a counterclaim into federal court if diversity or FQ is not available?
Yes, for compulsory counterclaims.
What is a cross-claim? When may a cross-claim be filed?
This is an offensive claim against a co-party. It may be filed if it arises from the same T/O as the underlying claim. It is NOT compulsory.
Is there supplemental jurisdiction over cross-claims?
Yes. It meets the T/O Test because a cross-claim by definition always arises from the same T/O and the limitations on supplemental jurisdictions does NOT apply to claims by DEFENDANTS.
What is impleader? When can it happen?
A defending party joins a 3rd Party Defendant usually for indemnity or cntribution. D has a right to implead within 10 days after serving her answer; after that, she needs court permission.
What are the steps for joining a 3rd Party Defendant?
1) File third-party complaint naming TPD; AND
2) Serve process on the TPD (so court needs personal jurisdiction)
None
After TPD is joined, can TPD assert a claim against the P?
Yes, if it arises from the same T/O as the underlying case.
After TPD is joined, can the P assert a claim against TPD?
Yes, if it arises from the same T/O as the underlying case.
So, for each type of claim, can you get supplemental jurisdiction?
1) D v. TPD - Yes, it meets the T/O test;
2) TPD v. P - Yes, it meets T/O test;
3) P v. TPD - No. It does NOT meet the T/O test b/c this is a claim by the P. BUT, could be "pendent" if the original claim (P v. D) was a federal question. Then it would meet the test for pendent form.
None
What is the bulge rule?
Absentees who are joined as necessary parties or under impleader may be served with process out of state, regardless of state law, within 100 miles of the courthouse in which the case is pending. Not available for serving process on original Ds.
What is intervention?
Absentee wants to join a pending suit. She chooses whether to intervene as P or as D. Court can realign her if she came in on the "wrong" side. Application to intervene must be timely.
When is there intervention of right?
Absentees interest may be harmed if she is not joined and her interest is not adequately represented now.
What is permissive intervention?
A's claim or defense and the pending case have at least one common question. Allowing intervention here is discretionary with the court.
What if there's a diversity case and intervention will mess up diversity. Is supplemental jurisdiction available?
NO. NO. NO.
What is interpleader?
Where one holding money or property wants to force all potential claimants into a single lawsuit to avoid multiple litigation and the threat of inconsistent results.
Who is the person holding the property?
The stakeholder.
Who are the people who want the property?
The claimants.
What are the two types of interpleader?
Rule and statutory.
What common features do the Rule and Statutory interpleader they share?
In each:
1) Stakeholder is not sure who owns the property and wants to avoid being sued several different times about it.
2) Court may issue injunction stopping partie sfrom litigating the ownership question in another court
None
How do you determine diversity of citizenship in an interpleader?
1) Under the rule, the stakeholder must be diverse from every claimant;
2) Under the statute, one claimant must be diverse from one other claimant. Don't even look at the stakeholder's citizenship.
None
What is the amount in controversy requirement in an interpleader?
1) Under the Rule, must exceed $75,000;
2) Under the statute, all you need is $500 or more.
None
What is the rule for service of process in an interpleader?
1) Under the Rule, regular service of process rules, like any case;
2) Under the statute, nationwide service of process.
None
What is the rule for venue in an interpleader?
1) Under the Rule, regular venue rules, like any case;
2) Under the statute, lay venue in a district where any claimant resides
None
What is a class action?
Where representative sues on behalf of a group.
What are the initial requirements of a CLASS ACTION?
Must demonstrate: Nobody Can Tell Rich Anything:
1) N - Numerosity (too numerous for practicable joinder);
2) C - Commonality (some questions of law or fact in common to the class);
3) T - Typicality (Representative's claims/defenses are typical of those of the class);
4) RA - Represent Adequately and fairly (representative will fairly and adequately represent the class).
None
If the initial requirements are met, what else is required?
Must fit the case into one of three types of class actions:
1) "Prejudice" (e.g., fund claimants would drain fund)
2) Injunction or declaratory judgment (not damages) sought b/c the class members were treated alike by the other party (e.g., employment discrimination);
3) "Damages" (e.g., mass tort)
None
What is required for the damages class action?
1) Common questions predominate;
2) Class action is the superior method for resolving the dispute.

Example-- Mass Tort
None
What does the court initially have to do for a class action?
1) Determine "at an early practicable time" whether to certify the case to proceed as a class action;
2) If court certifies the class, it must "define the class and the class claims, issues, or defenses," and appoint a class counsel.
None
What must class counsel do?
Fairly and adequately represent the interests of the class.
Does the court notify the class of pendency of the class action?
In the type 3 class (damages), the court must notify (often by mail) all reasonably identifiable members, telling them various things.
What types of things does court have to tell the members in that case?
Court must tell class:
1) They can opt out;
2) The binding effect of a class judgment on class members; and
3) They can enter a separate appearance through counsel.
None
Is notice required in Type 1 (prejudice) or Type 2 (injunctions/declaratory actions) classes?
No.
Who pays for notice in Type 3 (damages) case?
The Representative of the Class.
Who's bound by the judgment in a class action claim?
All class members except those who opt out of a Type 3.
What is required for a settlement or dismissal of class claims in a certified class?
Court approval.
What does court do?
Gives notice to class members to get theri feedback on whether the case should be settled or dismissed. If its' a Type 3 class, must give members a second chance to opt out.
If teh class seeks to invoke diversity of citizenship jurisdiction, whose citizenship is relevant on the class side?
It is the representative only. We don't care about all the class members.
How do we determine amount in controversy in a diversity class action?
Two positions:
1) Each member must claim more than $75,000 (not just the representative).
2) OK if representative's claim exceeds $75,000, regardless of class members' claims.

*2nd Cir hasn't taken position on split, but SC recently said it's the latter view is correct - OK if representative's claim exceeds $75,000 regardless of class members' claims.
None
What do juries do?
Determine facts. Courts instruct on law.
What is the requirement for demanding jury trial? (When?)
Must demand jury trial in writing no later than 10 days after service ofo the last pleading raising a jury-triable issue. May demand in a pleading or separate document.
What is the right to a jury trial in federal court?
7th Amendment preserves it in actions at law, but not in suits at equity.
What if a jury case involves both law and equity?
We get a jury to determine factual issues underlying the law claims, but not the equity claims.
Generally, which issues are tried first in a jury case of both law and equity?
Jury issues first so issues of law.
Does the Seventh Amednment apply in state courts?
No. This is part of the bill of rights that has not been incorporated to the states by the 14th Amendment.
What limits exist on the use of peremptory strikes?
They must be used in a race and gender neutral way.
What is a directed verdict called and what is it?
Motion for judgment as a matter of law (JMOL). The effect is to take the case away from the jury.
When is a JMOL brought?
When the other side has been heard.
1) D can move twice - at the close of the P's evidence and again at the close of all evidence.
2) P can move only at the close of all evidence.
None
What is the standard for granting the motion?
Reasonable people could not disagree on the result.
What other sentence should be included regarding a JMOL?
"In ruling on the motion, the court generally will view the evidence in the light must favorable to the nonmoving party."
What is a JNOV referred to as?
Renewed Motion for Judgment as a Matter of Law (RJMOL)
When is a motion for RJMOL brought?
Jury returns verdict for one party and the court enters judgment on the basis of that verdict. Now, losing party files RJMOL; if granted, results in entry of judgment for him.
When must losing party move for RJMOL?
Not later than 10 days after entry of the judgment.
What is the standard for a RJMOL?
Same as the JMOL - reasonable people could not disagree on the result. And, generally, the court will view the evidence in the light most favorable to the nonmoving party.
What is a prerequisite for being granted RJMOL?
Must have made a motion for judgment as a matter of law AT THE CLOSE OF ALL EVIDENCE. If you didn't, you CANNOT make the renewed motion, even if you moved for it at the end of the P's evidence - has to be at the close of ALL evidence.
What is the situation involved in motion for new trial?
Judgment entered, but judge concludes that errors at trial require a new trial.
When can you move for new trial?
Must move not later than 10 days after entry of judgment.
What are examples of the grounds for a motion for a new trial?
1)Prejudicial (not harmless) error at trial makes judgment unfair (e.g., wrong jury instruction, erroneous evidentiary ruling);
2) New evidence that could not have been discovered in time for trial;
3) Prejudicial misconduct of party or juror (e.g., juror made independent investigation of the accident scene);
4) Judgment is agaisnt the weight of the evidence, showing serious error of judgment by the jury.
None
How can a D respond to a complaint? When must they respond?
Under FRCP 12, D may respond either by motion or by answer. No later than 20 days after service of process.
What is an answer?
Answer is a pleading. In it, D does two things:
1) responds to the allegations of the complaint (admitting, denying, or, when appropriate, saying that D lacks sufficient information to admit or deny); and
2) raises affirmative defenses.
None
What are motions?
Technically, they are not pleadings. They ask the court to order something, such as to require the P to make a more definite statement (Rule 129e)) or ordering that a pleading or a portion thereof be stricken (Rule 12(f)), or that the case be dismissed for any of a variety of reasons.
What are the defenses that can be raised either in the answer or by motion?
1) Lack of subject matter jurisdiction;
2) Lack of personal jurisdiction;
3) Improper venue;
4) Insufficient process (rare);
5) Insufficient service of process (common);
6) Failure to state a claim on which relief can be granted;
7) Failure to join an indispensable party.
None
What defenses MUST be included in the first Rule 12 response or else they will be waived?
1) Lack of personal jurisdiction;
2) Improper venue;
3) Insufficient process;
4) Insufficient service of process.
None
What defesnses can be raised at any time THROUGH TRIAL?
1) Failure to state a claim on which relief can be granted;
2) Failure to join an indispensable party.
None
What defense can be raised at ANY time in the case (even on appeal)?
Lack of subject matter jurisdiction - this one is nonwaivable.
What must a complaint contain?
1) Statement of subject matter jurisdiction;
2) Short and plain statement of the claim, showing entitled to relief; and
3) Demand for judgment.
None
Does the demand for judgment limit what can be recovered?
No, except in default cases.
How specific must the statement of claim be?
Need not be stated with great specificity or particualrity. Federal Rules use what is called "notice pleading," under which the pleading is sufficient if it puts the other side on notice.
What are the three exceptions to notice pleading (where must plaintiff plead facts with specificity or particularity)?
1) Circumstances establishing fraud;
2) Mistake;
3) Special damages.
None
What are special damages?
Those that do not normally flow from an event.