Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

34 Cards in this Set

  • Front
  • Back
Define Jurisdiction

What are the branches of jurisdiction?
Authority of the ct to hear a case & enter a binding judgment.

The 2 branches of jurisdiction are:

1. subject matter jurisdiction
2. personal jurisdiction

For a ct to hear a case & enter a binding judgment, MUST have both.
Define subject matter jurisdiction.
It is the authority of a ct to hear a certain class of disputes.

SMJ MUST exist; neither party can waive the requirement. Thus, it can be raised at anyt ime during litigation. Furthermore, the ct has an obligation to raise the issue of SMJ on its own.
Define personal jurisdiction.
It is the authority of a ct over a particular person or item of property.

Personal jurisdiction requires:

1. certain contacts betwee the D and the forum state, and
2. proper notice & service of process

Defendants may waive personal jurisdiction.
What is the subject matter of the OH ct of common pleas?
1. general division: original jurisdiction over claims that exceed $500 & are not w/in the exclusive jurisdiction of the ct of claims (i.e. claims against the state).
-may transfer to municipal ct if claim does not exceed $1000 & presiding judge of municipal ct concurs in transfer.

2. probate division: exclusive JUR over probate & testmentary matter
- concurrent jurisdiction w/ general division to hear actions concerning inter vivos trusts & to issue writes of habeas corpus.

3. domestic relations division: exclusive original SMJ over divorce, alimony, marriage annulments, bastardy, child custody, & child support.

4. juvenile ct: exclusive original SMJ over certain matters realting to children including allegations of deliquency, abuse or neglect, determiations of paternity, etc.
What is the subject matter of hte OH cort of claims?
Has exclusive original SMJ over claims for damages against the state.
What is the subject matter of the OH municipal cts?
Have orignial BUT NOT exclusive over actions which either:

1. have claims which arose w/in municipal ct's territorial jurisdiction
2. D resides or was served w/ process w/in that territory, AND
3. amount in controversy doe not exceed $15,000
What is the subject matter of OH county cts?
Have original jurisdiction for claims that arose

1. w/in county's territorial jurisdiction or D resides or was served wit process w/in that territory, AND
2. amount in controversy does not exceed $15,000

Exist in counties where the territorial JUR of a municipal ct or cts does not cover the entire community.
What is the subject matter of OH small claims division of municiapl and county cts?
Only over claims not exceeding $15,000.
Of the many bases for federal ct SMJ, which 2 are the most significant?
1. fedearl question JUR, and
2. diversity jurisdiction
Congress has expressly provided that the JUR of the federal cts shall be exclusive of state cts in:
1. bankruptcy proceedings
2. patent & copyright cases
3. many cases where US is involved
4. cases w/ consuls & vice-consuls as Ds
5. antitrust cases
6. admirality cases
7. foreign state
8. postal matters
9. internal revenue
10. securities exchange act
What's a federal question?

What is the well pleaded complaint rule?
A federal question exists when the COA arises under federal law- the Constitution, treatises, or laws of the U.S.

The well pleaded complaint rule requires that the P's claim properly pleaded MUST be based on federal law.

A P can't get into federal ct by anticipating a federal defense.
Is there an amount in controversy requirement in federal question cases?

What about diversity actions?

But diversity actions do require that the claim exceeed $75,000
What is diversity jurisdiction?
The authority of the federal courts to hear cases where complete diversity (i.e. NO P is a citizen of the same state as ANY of D) & amount in controversy exceeds $75,000

*NOTE: easiest way to check for complete diversity is on piece of paper, draw a line down the middle, & put all Ps & their domiciles on on side & all the defendants & their domiciles on the other. If any state appears on both sides, diversity is not complete.
What are the exceptions to complete diversity?
1. statutory interpleader
2. supplemental jurisdiction
3. class actions
What's a person's domicile?
domicile = citizenship

1. it's the place at which a person maintains a physical residence
2. w/ intent to remain there indefinitely

NOTE: use date lawsuit filed, NOT some future date to determine citizenship
In OH, when is venue proper?
Ohio—proper venue is one or more of the following

1. where Def. resides
2. where Def. has his principal place of business
3. where Def. conducted activity that gave rise to the claim
4. where all or part of the claim for relief arose
5. Where property in dispute is situated if subject of action is real property
6. Where a public officer maintains his principal officer if suit is against him in his official capacity
7. Where P resides IF action requires out of state service or action is for divorce, annulment, etc. and P has been a resident for at least 90 days.
8. If no venue is proper under above then where P resides
9. If no venue is still proper then either where Def. has property subject o garnishment or where Def. has appointed an agent to receive service.
When in federal courts in diversity cases, is venue proper in a district?
1)where any def. resides if all reside in same state
2)where substantial part of claim arose
3)or where Def. is subject personal jurisdiction ONLY if can’t use 1 or 2 above
OH's Long Arm Staute
1)Transacting any business in OHIO
2)Contraction to supply services in OHIO
3)Causing tortious injury anywhere by an act or omission in Ohio
4)Causing tortious injury in Ohio by act or omission outside of Ohio (i.e. products liability) if Def. regularly does or solicits business in Ohio; engages in any persistent course of conduct in Ohio; OR derives substantial revenue from goods used or consumed or services rendered in Ohio;
5)Causing injury in Ohio by breach of warranty made in the sale of goods outside of Ohio IF Def. might reasonably have expected the injured person to use, consume or be affected by the goods in Ohio AND the def. regularly does or solicits business in Ohio; engages in any persistent course of conduct in Ohio; OR derives substantial revenue from goods used or consumed or services rendered in Ohio;
6)Having an interest in, using, or possessing real property in Ohio
7)Contracting to insure any person, property or risk in Ohio
8)Living in a martial relationship in Ohio
9)Causing Intentional tortious injury to any person in Ohio by an act outside of Ohio if Def. acted with purpose of injuring people and the person served might reasonably have expected that some person would be injured in Ohio
10)Causing tortious injury to an person by a criminal act if an element of crime took place in Ohio
Minimum Contacts
1)Contacts—is there a purposeful availment of the forum state, a relationship between contacts and the cause of action; and foreseeability Def. would be sued in this state

2)Fairness—Burden on Def litigating in this Forum, Interest of Forum in the litigation; P’s interest in litigating in this Forum and interests of efficient litigation.
Permissive Joinder
1. claims arise from same transactions or occurrence AND
2.share at least one common question of fact or law.
Compulsory Joinder
A party is indispensible if :

1)Complete relief cannot be afforded w/out absentee
2)The absentee’s interests will be harmed if not joined; OR
3)The absentee claims an interest which subjects a party to multiple inconsistent obligations.
Claim Preclusion (res judicata)
A claim is barred if the same claim was previously litigated to a final judgment on the merits.

Must be final—appeals and such are over

And ON merits—any judgment that should have a precluding effect: jury verdicts, default judgments as sanction; P’s claim dismissed b/c of refusal to comply with discovery orders.

And be SAME CLAIM—a former and current claim are the same if the arise out of the same transaction and occurrence

between the same parties—only applies to parties to prior action
Collateral Estoppel (issue preclusion)
One may not relitigated an issue of fact or law that has previously been litigated to a final determination.

Bars if the following are met:

1)Same issue
2)actually litigated
3)actually decided by a final judgment
4)determination was essential to prior judgment
Automatic Disclosure
(FED only)w/in 14 days of discovery conference parties must provide:

1. Identity of all Individuals likely to have discoverable information that the disclosing party may use to support claims or defenses
2. Documents or things in disclosing party’s possession that may use to support
3. a computation of damages
4. insurance agreements
Scope of Discovery
IN Ohio all relevant to the subject matter of the pending action

IN Fed. relevant to the claim or defense of any party

Both will discover anything that is reasonably calculated to lead to admissible evidence.

Privileged Matters are per se not discoverable (atny-client,etc.)

WORK PRODUCT—provides limited discovery
*Work Product is any document or tangible item prepared in anticipation of litigation or trial by or for a party or that party’s representative.

Work Product is not discoverable UNLESS:

1. there is a substantial need for the material AND
2. there is no other substantial equivalent available w/out undue hardship.

Attorney’s opinions, conclusions and legal theories are given special protection.

If expert won’t testify no disclosure required.
Remedies available for non-compliance with discovery requests
protective order
a motion to compel discovery
orders against non-party’s,

Sanctions included:
1. An order establishing facts as true (judicial notice)
2. Strike a pleading or claim from the action
3. Disallow evidence from the disobedient party
4. Dismiss P’s case
5. Enter default judgment against the disobedient party.
Timing & Notice of Depositions
IN OH, any party may depose anyone after an action is commenced.

A party desiring to take a depo simply must give reasonable notice in writing to all other parties of the time, place, and deponent.

A non-party must be subpoenaed to compel attendance.

A party may request antoehr party to make admission or to produce documents or things. Such requests must be responded to w/in 28 days in OH (30 in Fed.)
IN OH- default judgment may be entered against a D who has failed to appear, plead, or otherwise defend or obey a ct order.

party seeking default must make a MOT and serve notice at least 7 (in fed ct 3) days before the default hearing.

A default judgment cannot exceed the recovery sought in the P's complaint
Summary Judgment
there is no genuine issue of material fact and movant is entitled to judgment as a matter of law.

IN OH- may move for at any time after the time permitted for responseive pleadings has expired

D may move for summary judgment at any time
MOT for directed verdict
MOT can be made at any time before the case goes to the jury & is granted when the evidence, viewed in the light most favorable to the nonmoving party, is such that reasonable persons can come to only one conclusion in favor or the moving party
JNOV (also judgment as a matter of law)
Like a MOT for directed verdict BUT made w/in 14 days (in fed ct 10) days after the verdict
MOT for new trial
1) Error at trial makes judgment unfair
2) New evidence
3) Prejudicial misconduct of party or juror
4) Judgment is against the weight of the evidence.

OH- 14
Fed- 10
MOT to set aside judgment
ONLY IF movant demonstrates that he has a meritorious defense, the he is entitled to relief, and that the motion is timely.

1. clerical error
2. mistake
3. excusable neglect
4. new evidence (not found by due diligence)
5. fraud on adverse party
6. judgment void
must be filed w/in 30 days of judgment entry.

Generally appeals are allowed only from final judgments.

Test for fed courts is after making order, does the trial court have anything left to do?. If it does then the order is probably not final.

IN OHIO—In addition to true final judgments the following are also final:

1) an order that affects a substantial right
2) an order that vacates or sets aside a judgment or grants a new trial
3) an order that grants or denies a provisional remedy
4) an order that determines that an action may or may not be maintained as a class action.