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127 Cards in this Set
- Front
- Back
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What are the categories of subject matter jurisdiction in federal court? |
1) Diversity Jurisdiction 3) Supplemental Jurisdiction |
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What are the requirements for diversity jurisdiction?
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1) Action must be between citizens of different states (or between citizen of a state and an alien), AND |
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What is the complete diversity rule?
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There is no diversity if any of the plaintiffs are a citizen of the same state as any of the defendants. |
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How is citizenship of a natural person determined for diversity purposes?
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Citizenship is the state of her DOMICILE. Test:
1) Presence in state (physical requirement), AND 2) Subjective intent to make it her permanent home (mental requirement) |
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Can a person have more than one domicile at a time for diversity purposes?
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No, and you always have one.
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When is diversity tested?
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When the case is filed.
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What is the test for citizenship of a corporation for diversity purposes?
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Citizenship equals:
1) State where incorporated, AND 2) The ONE state where the corporation has its principal place of business Note: Unlike natural persons, corporations can be citizens of more than one state. |
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What is the test for principal place of business for diversity purposes?
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1) Nerve center (where decisions are made, usually headquarters), OR
2) Muscle center (where the corporation does the most stuff) Note: Usually nerve center unless all corporate activity is in one state. |
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What is the most important thing to remember about a corporation's principal place of business?
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There can be only ONE.
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How is the citizenship of a partnership determined for diversity purposes?
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The partnership is a citizen of ALL the states of its various members (includes general and limited partners).
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How do you determine the citizenship of a decedent, minor, or incompetent for diversity purposes?
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Look to their citizenship, not the citizenship of their representative.
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What is the amount in controversy requirement for diversity?
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Must EXCEED $75,000 (excluding interest and costs).
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How do you determine the amount in controversy for diversity?
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Whatever P claims in GOOD FAITH is the amount in controversy, unless it is clear to a LEGAL CERTAINTY that she cannot recovery more than $75k (rare).
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What result if P ultimately recovers less than $75k in a diversity suit?
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Diversity jurisdiction OK, but P will probably have to pay D's costs (even though P won).
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When can you aggregate claims to meet the amount in controversy requirement for diversity?
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When the case involves one plaintiff vs. one defendant.
Exception: For JOINT claims, use total value of the claim and number of parties irrelevant (e.g. joint tortfeasors). |
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How is the amount in controversy determined in claims for equitable relief for diversity?
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If EITHER:
1) Plaintiff's viewpoint (injury decreases value of P's property more than $75k), OR 2) Defendant's viewpoint (complying with the injunction would cost more than $75k). |
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What are the general exclusions to diversity jurisdiction?
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1) Divorce |
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What is required for federal question jurisdiction?
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The complaint must show a right or interest founded substantially on federal law (i.e. the claim "arises under" federal law).
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For federal question jurisdiction, is citizenship of the parties or the amount in controversy relevant?
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No.
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What is the well pleaded complaint rule?
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Is the PLAINTIFF enforcing a federal right?
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When can an additional claim that does not meet FQ or diversity be added to a case in federal court?
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Supplemental jurisdiction, do both:
1) Test: The additional claim must share a common nucleus of operative fact with the claim that invoked federal jurisdiction (always met by claims that arise from the same transaction or occurrence as the underlying claim), AND 2) Limitation: in a diversity case, a PLAINTIFF cannot use SJ to overcome a lack of DIVERSITY. |
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Hypo: P (CA) sues D (CA) for (1) violation of federal antitrust laws, and joins a transactionally related claim for (2) violation of state antitrust laws. OK?
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Yes, claim (1) meets FQ requirements. Claim (2) is allowed under supplemental jurisdiction (note: limitation does not apply because this is not a diversity case).
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May a non-federal, non-diversity claim be heard in federal court under supplemental jurisdiction?
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Yes, UNLESS it is:
1) Asserted by P 2) In a DIVERSITY case, AND 3) It would violate complete diversity |
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May a non-federal, non-diversity claim be heard in federal court under supplemental jurisdiction?
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Yes, UNLESS it is:
1) Asserted by P 2) In a DIVERSITY case, AND 3) It would violate complete diversity |
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What is removal?
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An option that allows DEFENDANT to have a case filed in STATE court transferred to federal court.
Note: Removal is a one-way street (only state to federal). A federal court may REMAND a case to state court. |
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What is the test for removal?
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A defendant may remove if the case could be heard in federal court (i.e. federal subject matter jurisdiction).
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What court may a defendant remove a case to?
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ONLY to the federal district court embracing the state in which the case was originally filed.
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When is the deadline for removal?
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D must remove no later than 30 days after the service of the first removable document (e.g. service of process or service dismissal).
Note: In DIVERSITY cases only, no removal more than one year after the case was filed in state court (e.g. P dismisses claim against the D that destroyed complete diversity more than a year after the claim filed in state court = no removal). |
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Must all Ds agree to remove a case?
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Yes
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Hypo: P files suit against D in state court. D counterclaims on a federal question. May P remove?
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NO! Plaintiffs may never remove.
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What is the special rule for removal in diversity cases?
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No removal if any D is a citizen of the forum state (in state defendant rule).
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What is the procedure for removal?
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1) D files a notice of removal in federal court
2) Stating the grounds of removal 3) Signed under Rule 11 4) Attaches all documents served on D in the state court 5) Copy to all adverse parties, AND 6) Files a copy of notice in state court |
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If removal is procedurally improper, what must P do?
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Move to remand to the state court within 30 days of removal. |
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What is the general Erie rule?
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In a DIVERSITY case, federal courts must apply state SUBSTANTIVE law.
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What are the examples of of clear state substantive law under Erie?
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1) Elements of a claim or defense
2) SOL & tolling rules 3) Choice of law rules |
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May a federal court apply an FRCP that directly conflicts with a state procedural rule under Erie?
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Yes (per Supremacy Clause).
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What are the tests for determining whether a state law is substantive for Erie purposes?
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Three tests:
1) Outcome determinative: will applying or ignoring the state rule affect the outcome? (yes = substantive) 2) Balance of interest: does either the federal or state system have a strong interest in having its rule applied? 3) Avoid forum shopping: if federal court ignores state rule will it encourage forum shopping? |
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What's the difference between subject matter jurisdiction and venue?
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SMJ determines whether case can be in federal court. Venue rules determine which federal court.
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What venue for actions respecting land?
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The case must be filed in the district where the land lies.
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What venue for a transitory case in federal court?
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Plaintiff may lay venue in any district where:
1) ALL defendants reside (if all Ds reside in different districts of same state, venue okay in any district in which any D resides), OR 2) A substantial part of the claim arose |
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What is the difference between residence and citizenship of a corporation?
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1) Citizenship is for diversity (at most two states)
2) Residence is for venue purposes: a corporation is a residence of every district where it would be subject to personal jurisdiction (possibly every district in the country). |
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When can a case be transferred from one federal district court to another?
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Only to a district that:
1) Has personal jurisdiction over D, AND 2) Is a proper venue |
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If venue in the original forum is proper, when will a case be transferred from one district to another?
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The COURT has discretion to order transfer based upon:
1) Public factors (what law applies, what community should be burdened with jury service, etc.) 2) Private factors (convenience of parties, witnesses, etc.) Note: New court will apply choice of law rules of original court. |
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May a plaintiff seek a transfer?
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Yes
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What choice of law rules apply after a transfer?
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The court to which the case is transferred applies the choice of law rules of the original court.
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May there be a transfer if venue in the original forum is improper?
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Yes. The court may transfer "in the interests of justice" or dismiss.
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What is forum non conveniens in federal court?
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Where there is a far more appropriate court elsewhere (and transfer is impossible), a court may DISMISS to let P sue there (e.g. foreign court).
Note: Court will apply same factors (public and private) as in transfer. However, showing must be very strong to grant. |
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What must P do to deliver service of process to D?
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1) A summons (formal court notice of suit and time for response)
2) Copy of the complaint |
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What is the deadline for service of process in federal court?
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P must serve D within 120 days of filing case or case dismissed without prejudice.
Note: No dismissal if P can show good cause for delay. |
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Who can serve process?
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ANY non-party who is at least 18 years old.
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Where must personal service of process take place?
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Anywhere
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When is substituted service allowed in federal court?
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IF service is given
1) At D's usual abode, AND 2) To someone of suitable age and discretion who RESIDES there |
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When is service on D's agent allowed?
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Where receiving service is within the scope of the agency.
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What methods of process are allowed in federal court?
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1) The federal methods,
2) The methods permitted by state law of the state where the federal court sits, OR 3) The methods permitted by state law of the state where service is effected |
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When is service by mail allowed in federal court?
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Only when mailed to D by first class AND D returns waiver form within 30 days.
Note: If D does not return waiver form she may be required to pay cost of such service. |
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When is service to D in another state allowed?
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Okay only if forum state law allows (e.g. under a long-arm statute).
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May D be served for a federal civil case while instate only to serve as a witness or party in another civil case?
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No, she is immune (federal only).
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What sort of pleadings are required in federal court?
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Notice pleading (enough detail to allow the other side to be on notice and make a reasonable response).
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What does Rule 11 require?
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The attorney (or pro se party) must sign all pleadings, written motions and papers to certify that to the best of her knowledge and belief, after reasonable inquiry
1) The paper is not for an improper purpose 2) The legal contentions are warranted by law 3) The factual contentions (and denials) have evidentiary support |
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What does it mean that Rule 11 requires a continuing certification?
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The certification is effective every time the position is presented to the court (e.g. once when filed and again when argued before the court).
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Are Rule 11 sanctions supposed to punish or deter?
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To deter. Can be non-monetary, and if monetary often paid to the court.
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What is the Rule 11 safe harbor?
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The motion is served on the other party but not immediately filed with the court. The other party has 21 days to withdraw the document or fix the problem with no sanctions.
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Can a court raise Rule 11 sua sponte?
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Yes, and there is no safe harbor (but must give a chance to be heard).
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What must be included in a complaint in federal court?
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1) Statement of subject matter jurisdiction
2) Short an plain statement of the claim, showing entitled to relief, AND 3) Demand for judgment |
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What is required in federal court for notice pleading?
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P must plead FACTS supporting a PLAUSIBLE claim.
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In federal court, what are the areas where P must plead with specificity?
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1) FRAUD
2) Mistake, or 3) Special damages |
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How must D respond to a complaint under Rule 12?
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D must respond in one of two ways within 20 days after service of process:
1) By motion, OR 2) By answer |
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What are the Rule 12(b) defenses?
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1) Lack of SMJ
2) Lack of PJ 3) Improper venue 4) Insufficiency of process 5) Insufficiency of service 6) Failure to state a claim, AND 7) Failure to join indispensable party |
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Which of the Rule 12(b) responses are waivable?
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1) Lack of PJ
2) Improper venue 3) Insufficiency of process 4) Insufficiency of service Note: D must raise these in the FIRST response (motion or answer) or they are waived. |
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What does it mean that certain 12(b) responses are waivable?
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D must raise them in her FIRST Rule 12 response (motion or answer) or else they are waived.
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When can D assert lack of SMJ?
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ANYTIME (even after trial).
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If D first responds with a motion in federal court that is denied, then what?
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She must serve her answer within 10 days after the ruling.
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What must be included in an answer in federal court?
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1) Respond to the allegations of complaint
2) Raise affirmative defenses |
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What result if D fails to deny an allegation in the complaint?
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It can constitute an admission on any matter except damages.
E.g. D responds in answer by saying P cannot prove Fact X. Result: D has admitted Fact X by not denying it. |
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What is a counterclaim in federal court?
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A claim against an OPPOSING party (e.g. D v. P).
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How must D file a counterclaim in federal court?
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In her answer.
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What are the types of counterclaims?
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1) Compulsory: arises from the same transaction or occurrence as P's claim (must be filed in pending case or waived)
2) Permissive: does not arise from same T/O as P's claim (may file in answer or in a separate case) |
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Hypo: Court grants D's motion to dismiss (D never filed answer). D has a compulsory counterclaim. Result?
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The counterclaim is NOT waived because D never had to file an answer.
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May D invoke a counterclaim that does not independently satisfy SMJ?
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Yes, if it falls under supplemental jurisdiction.
Note: A compulsory counterclaim will always do so because it meets the same T/O test and is raised by the defendant. |
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What is a crossclaim in federal court?
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A claim against a co-party.
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When is a crossclaim permitted in federal court?
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ONLY if it arises from the same T/O as the underlying action.
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When is a crossclaim compulsory?
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NEVER! It's always permissive even though it MUST arise under the same T/O as the underlying action.
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What is the analytical progression for counterclaims in federal court?
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1) Is it compulsory or permissive?
2) Does it independently meet SMJ or fall under supplemental jurisdiction? |
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When may P amend her pleadings?
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ONCE before D serves her answer.
Note: If P amends D gets at least 10 days to respond. |
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When may D amend her pleadings in federal court?
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ONCE within 20 days of serving her answer.
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What should a party do if it no longer has a right to amend and wants to?
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Seek leave of the court. Court will grant if "justice so requires" and will look to the factors of DELAY and PREJUDICE.
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What are the variance rules in federal court?
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Variance = the evidence at trial does not match what was pleaded.
1) D does NOT object: at or after trial P can move to amend complaint to conform to the evidence at trial 2) D does object: evidence inadmissible because at variance with pleadings |
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When may a party amend its pleadings (filed before the SOL) after the SOL runs in federal court?
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The amended pleadings "relate back" if they concern the same conduct, transaction, or occurrence as the original pleading.
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When may P change a defendant after the SOL has run?
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ONLY when P sued the wrong D first, AND the right D knew about it.
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What are the discovery tools in federal courts?
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1) Depositions
2) Interrogatories 3) Requests to produce 4) Physical or mental examinations 5) Request for admission |
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May interrogatories be sent to non-parties?
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NO!
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Does Rule 11 apply to discovery documents?
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No. There is a separate certification requirement.
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What is the scope of discovery?
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You can discover anything relevant to a claim or defense (relevant to something in the pleadings).
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What is relevant evidence for discovery purposes?
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Evidence reasonably calculated to LEAD to the discovery of admissible evidence (e.g. stuff does not itself have to be admissible).
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Is privileged matter discoverable?
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No, but you must object with particularity (i.e., why stuff is protected).
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What is work product or trial preparation materials?
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Material prepared in anticipation of litigation. It is generally protected from discovery.
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In federal court, what types of work product are absolutely protected?
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1) Mental impressions
2) Opinions 3) Conclusions, and 4) Legal theories |
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In federal court, is work product ever discoverable?
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Yes. Party seeking discovery must show
1) Work product is not absolutely protected (i.e., mental impressions, opinions, conclusions, legal theories) 2) There is a substantial need, AND 3) The evidence is not otherwise available |
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In federal court, must work product be generated by a lawyer?
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No, it may be generated by a party or any representative of a party.
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What is the difference between a partial and a total violation of discovery rules?
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1) Partial (e.g. answers some questions but objects to others and loses on objections) = must get an order compelling answers before sanctions
2) Total (e.g. party fails to show up to deposition) = no order compelling answers required before sanctions. |
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When may parties join as co-parties?
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ONLY where claims
1) Arise from the same T/O, and 2) Raise at least one common question Note: Must still analyze SMJ |
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When will a court force a party to join a case?
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When they are a necessary and indispensable party. Test:
1) Without the party, the court cannot accord complete relief 2) Absentee may be harmed if he isn't jointed, OR 3) Absentee claims an interest which subjects a party to multiple obligations Note: if party is necessary, joinder must be FEASIBLE. Feasible if: 1) There is PJ over absentee, and 2) Joining him will not make it impossible to maintain discovery |
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Are joint tortfeasors necessary parties?
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NO
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What is impleader?
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Joinder where a defending party wants to bring in somebody new that may owe the defending party indemnity or contribution.
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What are the steps for impleading a third party defendant in federal court?
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1) File a third-party complaint naming the TPD, AND
2) Serve process on the TPD |
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In federal court, what are the requirements for representatives to sue on behalf of class members?
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Must demonstrate ALL of these:
1) Numerosity (too many class members for practicable joinder) 2) Commonality (some questions of law or fact in common to class) 3) Typicality (reps claim/defense typical of those of the class) 4) Representative is adequate (rep will fairly and adequately represent class) Note: Nobody Can Treat Robot Acne |
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What are the types of class action cases?
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1) Damages
2) Injunction or declaratory relief 3) Prejudice (class necessary to avoid harm, e.g., claimants to a fund) |
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What must be shown for a damages class action?
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1) Common questions predominate over individual questions, AND
2) Class action is superior method to handle the dispute |
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What is the analytical progression for class action questions?
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1) Initial requirements (numerosity, commonality, typicality, representation adequate)
2) Type of case (damages, equitable relief, prejudice) 3) Court must certify class and appoint class counsel 4) Determine if notice to class members required |
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Is notice required in damages class action cases?
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Yes, the COURT must provide notice to all reasonably identifiable members. Notice must inform members:
1) They can opt out 2) They'll be bound if they don't, AND 3) They can enter a separate appearance through counsel |
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When type of class actions requires notice to class members?
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Only damages cases.
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What is the diversity rules for class actions?
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For determining class' citizenship AND amount in controversy, look ONLY to the representative and not the other class members.
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What is required before settlement of a class action suit?
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The court must give notice to class members to get feedback whether to settle or dismiss.
Note: In damages case, court must give members a second chance to opt out. |
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What are the timing rules for voluntary dismissal in federal court?
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1) Before D answers or files a motion for SJ = P can voluntarily dismiss ONCE without prejudice
2) After = dismissal with prejudice |
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What the standard for a 12(b)6 motion?
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Assuming all P's allegations are true, would she win a judgment?
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What is a motion for judgment on the pleadings in federal court?
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Same thing as a 12(b)6 motion, but it's file after D has answered.
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What is the test for summary judgment?
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Moving party must show
1) There is no genuine dispute as to a material issue of fact, AND 2) She is entitled to a judgment as a matter of law. |
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In a summary judgment, may the court look at evidence?
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YES! The court will look at the evidence in the light most favorable to the non-moving party.
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When is there a right to a jury trial in civil courts?
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Seventh Amendment preserves only
1) In federal court 2) In civil actions at LAW, not equity |
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What is required to secure a jury trial in federal court?
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Must demand in writing no later than 10 days after service of the last pleading raising jury triable issue.
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How many preemptory strikes in a civil case in federal court?
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Three. Note: Must be used in a race and gender neutral way.
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What is a motion for judgment as a matter of law?
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The court takes the decision away from the jury. Standard: Reasonable people could not disagree on the result (viewing evidence in light most favorable to nonmoving party).
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What is a renewed motion for judgment as a matter of law?
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Same thing as judgment notwithstanding the verdict (JNOV). Exactly same standard as JMOL.
Note: Must have moved for JMOL or cannot bring RJMOL. |
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What is the timing for a motion for a new trial in federal court?
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Must be move within 10 days after judgment.
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What are the sort of grounds to grant a motion for a new trial?
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1) Prejudicial error at trial
2) New evidence that could not have ben obtained with due diligence 3) Prejudicial misconduct 4) Excessive or inadequate damges |
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What is the final judgment rule in federal courts?
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Can only appeal from final judgments (an ultimate decision by the trial court of the merits of the entire case). Must file notice of appeal in trial court within 30 days after entry of final judgment.
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How do you determine if there has been a final judgment for purposes of the final judgment rule?
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After making this order, does the trial judge have anything left to do on the merits? Yes = no appeal.
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