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76 Cards in this Set
- Front
- Back
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[Personal Jurisdiction]
How is personal jur assessed in NY federal courts? |
-Same as in NY state courts:
GENERAL JUR: ---Presence in NY ---Doing Business in NY ---Domicile in NY SPECIFIC JUR: ---Long-arm jur ---Non-resident motorist statute ---Consent |
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[Subject Matter Jurisdiction - Generally]
What are the only 2 types of cases that can be filed in federal court? |
-Diversity (and alienage) or federal question
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[Subject Matter Jurisdiction - Diversity and Alienage Cases]
What are the 2 main requirements for diversity and alienage cases? |
-Diversity of US state citizenship (or alienage if w/ person of a foreign country)
-Amt in controversy >$75K |
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Diversity]
What is required for diversity of citizenship? |
-All Ps must be from different states than Ds
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Diversity]
WHEN is diversity tested? |
-Diversity is looked at AT THE TIME OF SUIT ONLY (move later doesn’t matter)
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Alienage]
What is required for Alienage of citizenship? |
-suit b/w person of a foreign country and citizen of US
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Alienage]
What is & is NOT enough to be a “US Citizen” for the purposes of alienage? |
-Permanent resident IS a US CITIZEN if domiciled in US
-US Citizen domiciled in another country is NOT a US Citizen OF A STATE for the purposes of diversity if not domiciled in a state |
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Natural Persons]
What is the state of citizenship of a natural person? |
-The US State of domicile (Always ONLY ONE domicile)
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Natural Persons]
What is the test for domicile? |
-Presence in the state
-Intent to make permanent home |
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Corporations]
What is the state of citizenship of a corporation? |
-State where inc., AND
-State where principal places of business (only one PPB) |
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Corporations]
What are the 2 tests for principal prace of business? |
-Headquarters (nerve center) test, OR
-State with most activity (Muscle center) *State BOTH tests, but USE THE HEADQUARTERS STATE UNLESS ALL ACTIVITY IS IN ONE STATE |
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Unincorp. assoc.]
What is citizenship for an unincorp. association? |
-Use the citizenship of ALL MEMBERS, including limited partners (could be all 50 states!)
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Minors]
What is the citizenship of a minor/incompetent? |
-THE INCOMPETENT’S STATE, not the representative
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Amt. in controversy]
What is the standard for the amount in controversy in a diversity case? |
-GOOD FAITH allegation that amt EXCEEDS $75K
NOTE: must be clear to a legal certainty that no basis for stating over $75K |
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Amt. in controversy]
What effect if person sues under diversity, but wins less than $75K? |
-Irrelevant for JURISDICTION purposes, BUT …
-P may have to pay D’s litigations costs (not atty fees) |
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Amt. in controversy]
What is the rule for AGGREGATING amounts to get to the amount in controversy requirement? |
-Aggregate if 1 P against 1 D, but P CANNOT aggregate amounts between multiple Ds
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[Subject Matter Jurisdiction - Diversity and Alienage Cases: Amt. in controversy]
What is the test for the amount in controversy for an equitable claim? |
Amt in controversy satisfied if EITHER of the following is >$75K:
-P’s viewpoint of decreased value, OR -D’s viewpoint of cost to comply if granted injunction |
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[Subject Matter Jurisdiction - Federal Question Cases]
What is the test for whether a case involves a federal Q? |
-“Well-pled” complaint must arise under federal law to enforce a federal right
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[Subject Matter Jurisdiction - Supplemental Jur]
Which claims must have federal subject matter jur? |
-Generally, ALL CLAIMS
-For every claim asserted, it MUST fall under federal or diversity jur UNLESS if supplemental jur |
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[Subject Matter Jurisdiction - Supplemental Jur]
What is the test for supplemental jur? |
-Common nucleus of operative fact
NOTE: ALWAYS MET when if same transaction/occurance |
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[Subject Matter Jurisdiction - Supplemental Jur]
When, however, can a P NOT invoke supplemental jur? |
-If it would destroy a case BASED ON DIVERSITY by bringing in someone from the same state
NOTE: CAN invoke supp jur against a SECOND party DIVERSITY claim EVEN IF less than $75K if same T/O |
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[Subject Matter Jurisdiction - Supplemental Jur]
When may a federal court NOT hear a supp jur claim (3) |
-Federal question claim is dismissed early
-State law claim is complex -State law issues predominate |
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[Subject Matter Jurisdiction - Removal]
When may a D remove a case to federal ct? |
-Case would invoke diversity or involves a federal Q
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[Subject Matter Jurisdiction - Removal]
When may MULTIPLE Co-Dfts remove a case to federal ct? |
-Only when all Ds agree
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[Subject Matter Jurisdiction - Removal]
WHERE may a D remove a federal case to? |
-Only to the federal dist. court that embraces the state court
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[Subject Matter Jurisdiction - Removal]
WHEN must a D remove a case by? |
-Must remove no later than 30 days after SERVICE of process
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[Subject Matter Jurisdiction - Removal]
When, however, even if there is diversity, may a D not remove? **** |
-For a DIVERSITY CASES, D may NOT remove if Any D is a citizen of the forum
NOTE: If a multi-D case, and P dismisses as to in-forum-state D, remaining D has 30 days from dismissal to remove, but CANNOT REMOVE EVER AFTER 1 YEAR |
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[Subject Matter Jurisdiction - Removal]
What is D’s procedure for removal? |
-NO permission needed, just file w/ Federal Ct.
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[Subject Matter Jurisdiction - Removal]
What procedure if D’s removal was improper? |
-P moves federal court to remand to state court
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[Subject Matter Jurisdiction - Erie Doctrine]
Which areas of law are clearly substantive law, where state law applies? |
-SOLs
-Elements of claims or defenses -Choice of law |
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[Subject Matter Jurisdiction - Erie Doctrine]
If an area of law is questionable whether it’s substantive law (so should apply state law) or federal law, AND there is a federal law on point, which to apply? |
-Apply FEDERAL law b/c of the supremacy clause
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[Subject Matter Jurisdiction - Erie Doctrine]
If an area of law is questionable whether it’s substantive law (so should apply state law) or federal law, AND there is NO federal law on point, which to apply? |
No idea, just analyze 3 factors:
-Outcome determinative -Balance of interests -Avoid forum shopping |
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[Venue]
What are the 2 types of Actions for analyzing venue, and what do they consist of? |
-Local actions, dealing with real property
-Transitory actions, dealing with FQ or diversity |
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[Venue - Transitory Cases]
Where may a P lay venue in a transitory (FQ or diversity) case? |
In EITHER:
--Where ALL Ds reside, OR --IF BOTH Ds reside in different districts of the same state, then any district of that state, OR --Where substantial part of the claim arose |
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[Venue - Determining Residence]
What is a natural person’s residence for the purpose of venue? |
-Domicile
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[Venue - Determining Residence]
What is a corp’s residence for the purposes of venue?? |
-ANY district where corp is subject to per jur at the time filed
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[Venue - Transfer of Venue]
Where can a case be transferred to? |
-To another FEDERAL district court where the case could have been brought (where Per Jur would have been good)
NOTE: the choice of law rules of the ORIGINAL court apply if venue is transferred |
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[Venue - Transfer of Venue]
What is the test for when a court WILL transfer venue, if there is per jur in the place to be transferred to? |
Court discretion considering:
-Convenience of the parties -Convenience of the witnesses -Interests of justice |
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[Service of Process - Generally]
What does service of process consist of for federal court? |
-Summons + complaint
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[Service of Process - Generally]
In federal court, when must process be served? |
-w/i 120 days
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[Service of Process - Mechanics]
Who may serve process for federal court? |
-Any 18+ non-party
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[Service of Process - Mechanics]
What METHODS of service are permitted in federal court, generally? |
-Where permitted under the FRCP,
-Where permitted under the CPLR, OR -Where permitted by the law of the state in which process is served |
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[Service of Process - Mechanics]
Where is service of process permitted under the FRCP? |
-Personal service
-D’s usual abode + left w/ someone of suitable age/discretion who resides there -D’s agent -Waiver by mail (returns w/i 30 days) – but failure to waive = PAY cost of service |
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[Joinder - of Parties]
When may multiple Ps or Ds be co-Ps or Ds in a case? |
When:
-Claims from same T/O, AND -Raise at least one common question, AND -Proper subject matter jur (FQ or Diversity) over the parties for each claim |
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[Joinder - of Parties]
What is the order of analysis for necessary parties? |
-Is the party necessary?
-Is joinder feasible, (if can be added -If joinder is not feasible, proceed w/o person OR dismiss |
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[Joinder - of Parties]
When is a party a ‘necessary’ party? |
-W/o absentee, cannot afford complete relief, OR
-Absentee’s interest would be harmed, OR ***** -Other D would possibly be subject to multiple obligations |
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[Joinder - of Parties]
What is the test for joinder feasibility? |
-If the person can be joined w/o messing up diversity jur
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[Joinder - of Parties]
What factors does a court balance when deciding whether to proceed or dismiss? |
-Alternative forum where everyone could be joined?
-Can court shape other in the pending case to avoid harm? NOTE: if claim is dismissed, then terminology for necessary party is called the “indispensible” party |
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[Joinder - of Claims by the D: Counterclaims]
What are the two types of counter-claims? |
-Compulsory
-Permissive |
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[Joinder - of Claims by the D: Counterclaims]
What is a compulsory counterclaim? |
-One that arises from the same t/o that MUST be filed w/ the answer
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[Joinder - of Claims by the D: Cross-claim]
When must a D assert a cross-claim in federal court? |
-NEVER (exact opposite of NJ)
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[Joinder - of Claims by the D: Impleader]
What is impleader? |
-When a D forces in a 3rd party D b/c LIABLE FOR INDEMNITY or CONTRIBUTION
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[Joinder - of Claims by the D: Impleader]
HOW does a D implead a 3PD? |
-file 3rd party complaint naming 3PD, and
-Serve process on 3PD (must have per jur) |
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[Joinder - of Claims by the D: Impleader]
Once 3PD is joined, when can he assert a claim against the original P? When can P asserts claim against the 3PD? |
-Either can file suit if injury arises from same T/O
NOTE: Still have to analyze subject matter jur (FQ or diversity, or supplemental) |
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[Joinder - of Claims by the D: Intervention]
What is intervention? |
-When an absentee wants to JOIN IN an existing suit
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[Joinder - of Claims by the D: Intervention]
When is there intervention as a right? |
-Absentee’s inters would be harmed if not joined, AND
-Absentee’s interest is not adequately represented now NOTE: Still have to analyze subject matter jur (FQ or diversity, or supplemental) |
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[Joinder - Special Multi-party Joinder: Interpleader]
When is interpleader used? |
-When person holding property (stakeholder) wants to force all potential claimants into a single case to avoid multiple obligations
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[Joinder - Special Multi-party Joinder: Interpleader]
When is STATUTORY interpleader allowed? |
-At least one claimant is diverse from ONE other claimant, AND
->$500 |
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[Joinder - Special Multi-party Joinder: Class Actions]
4 requirements for class actions |
-Numerosity (too many for joinder)
-Commonality (common Qs of law/fact) -Typicality (rep’s claims typical of class) -Adequate represent class |
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[Joinder - Special Multi-party Joinder: Class Actions]
What are the 3 types of class actions |
-Common ground predomination AND superior method of adjudication ***
-Avoid prejudice (drain common fund) -Injunction/declaratory judgment |
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[Joinder - Special Multi-party Joinder: Class Actions]
What must court do to ‘solidify’ a class action? (2 things) |
-Certify/name the class
-Appoint class counsel |
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[Joinder - Special Multi-party Joinder: Class Actions]
When is NOTICE to the members of the class required? |
-For Common ground predomination class actions, MUST notify each member
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[Joinder - Special Multi-party Joinder: Class Actions]
What 3 things must the notice of class action state? |
-Opt out right
-Bound by judgment is do not opt out -Can enter separate appearance |
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[Joinder - Special Multi-party Joinder: Class Actions]
How do you determine subject matter jur for DIVERSITY CLASS ACTION cases? |
-ONLY look to representative – she must be diverse from all Ds
-Rep’s claim must be >$75K |
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[Misc. - Jury Trial]
When does P have a right to a jury trial, and under what Amendment? |
-Must DEMAND the jury trial, IN WRITING, and
-Only get jury for suits at LAW (not equity), under the 7th Am. NOTE: if mixed claims of law and equity, the jury decides the facts underlying the law claims, but not the equity claim |
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[Misc. - Jury Trial]
In federal court, now many peremptory strikes do you get, and what is the legal restraint on this? |
-3, and must be used in race and sex neutral way
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[Misc. - JMOL]
When is a JMOL motion brought? |
-After the P’s case in chief
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[Misc. - JMOL]
What is the standard for JMOL? |
-Looking at the evidence in light most favorable to the non-moving party,
-No reasonable jury could find otherwise |
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[Misc. – Re-JMOL]
When is a Re-JMOL motion brought? |
-w/i 10 days after entry of judgment
-BUT MUST have originally moved for JMOL during trial |
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[Misc. - Motion for New Trial]
What are the grounds for a new trial? |
-Prejudicial error at trial
-New evidence could not have been discovery in time for trial -Prejudicial misconduct of party or juror -Serious error in juror judgment |
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[Pleadings - Defenses]
What are the 2 ways to respond to a complaint? |
-Motion to dismiss
-Answer |
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[Pleadings - Defenses]
What are the 4 grounds for a motion to dismiss must be put in the first defensive response, ELSE WAIVED? |
-Lack of Per Jur
-Improper Venue -Insufficiency of process -Insufficiency of service |
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[Pleadings - Defenses]
What are the 2 grounds for a motion to dismiss that must anytime through trial? |
-Failure to state a claim on which relief may be granted
-Failure to join a necessary party |
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[Pleadings - Defenses]
What is the 1 ground for a motion to dismiss that can be raised at any time? |
-Lack of Sub Matter Jur
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[Pleadings - Plausibility Pleading]
What’s required for federal plausibility pleading (Iqbal/Twombly) |
-Statement of subject matter jur
-Statements of claim << with FACTS SUPPORTING A PLAUSIBLE CLAIM -Demand for judgment |
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[Pleadings - Plausibility Pleading]
What are the types of actions that require pleading w/ particularity? |
-Fraud
-Mistake -Special damages (those that do not naturally flow from an event) |
