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61 Cards in this Set
- Front
- Back
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Subject Matter JDX |
a court's competence to hear & determine cases of general class & subject to which proceedings in question belong |
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Federal Question JDX |
District Cts have JDX of all civil actions arising under the Constitution, laws, or treaties of the U.S. State cts & fed cts have concurrent JDX of FQ claims (unless Congress expressly gives to fed) Well Pleaded Complaint: FQ exits only when fed issue is presented on the face of the complaint (P's c/a - not defenses, answers or counter claims) |
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Diversity JDX |
Fed cts. have JDX when Ps are citizens of different states & the amount in controversy exceeds $75,000. (no P citizen of same state as D) Individual: domicile = state present/intends to reside (one @ time) Corp: state of incorp & PBB (nerve center/direct control) Amount in Controversy: good faith assertion (unless legal certainty cannot recover that amount); may aggregate multi Ps w/common undivided interest; permissive CC must meet amount; compulsory CC need not |
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Supplemental JDX |
Fed ct. w/JDX may exercise SJ over addt'l claims arising out of common nucleus of operative fact DJ: PERMISSIVE JOINDER (addition of plaintiff w/add'tl claim -must keep diversity; no amount); COUNTER CLAIMS (compulsory need not meet amount; permissive must satisfy both DJ reqs); CROSSCLAIMS: ok if out of same trans/occurrence as long as SMJ - no DJ reqs needed) |
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Removal JDX |
D may remove case from state ct. to fed district ct. having SMJ (diversity @ time of filing & removal) DJ: if based solely on DJ, removal only if no D citizen of state in which action was filed; FQ: if FQ claims joined w/claims not independently removable, entire case can be removed; NOTICE: must file notice w/in 30days of service of initial pleading; if based on DJ cannot occur more than 1yr after action commenced (unless bad faith); REMAND: lack of SMJ anytime before final judgment; or w/in 30 days |
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Personal JDX |
In personam, in rem, and quasi-in-rem Fed ct. looks to state long-arm statute to determine if it has PJ over parties; party may consent D must have minimum contacts w/forum state & exercise of JDX = fair/reasonable |
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In Personam (PJ) |
Required whenever judgment is sought that would impose a personal obligation on a D Voluntary: D is voluntarily present & served while in forum state; Domicile: state has JDX of person domiciled there; Consent: must object or waive; Long-Arm: PJ over nonresidents who engage in activity in state/cause action w/in state; Attachment of Prop: if claim not related to ownership of prop - must be minimum contacts b/t D & state for JDX |
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In Personam Due Process Requirements |
satisfied if nonresident D has certain minimum contacts w/forum state such that the maintenance of the action does not offend traditional notions of fair play & substantial justice |
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Minimum Contacts |
Purposeful Availment: D's contacts w/forum state must be purposeful & substantial (D should reasonably foresee being taken to ct. there Fair Play & Sub Justice: once MCs established, must look @ interest of state in adjudicating the matter, burden of D's appearance, interest of judicial system in efficient resolution, and shared interests in promoting common social policies. |
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In Rem & Quasi-In-Rem (JDX over things) |
In-Rem: give ct authority to determine issues concerning rights to real/personal property; proceedings against property must still satisfy DP req's for PJ & prop must generally be present w/in the forum state. Quasi-In-Rem: determines only the interests of the parties to the action regarding property located in forum state & not personally binding against D; if unrelated to ownership of prop & no close relationship formed, MC must be shown b/t D & state (and prop located in state) |
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Venue in Federal Court |
proper in judicial district where any D resides (in state where all Ds reside); or where substantial part of events occurred; or where prop subject to action is located (otherwise where any D has PJ) Residence: judicial district where D is domiciled (individual); D subject to PJ for an entity; or if P is entity, where PBB located |
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Change of Venue in Fed. Ct: Original Venue Proper |
transfer permitted to any district where case might have been brought or where all parties consent DJ: new district ct must apply law from previous court FQ: new district ct in another app circuit will apply fed law as interpreted by its ct. of appeals |
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Change of Venue in Fed. Ct: Original Venue Improper |
dismiss case or transfer case to proper district if it's in the interest of justice DJ: district ct to which case is transferred applies choice of law rules of state in which its located FQ: new ct will apply its own court of appeals' interpretation of law No PJ: a ct lacking PJ over the D may transfer the case to different venue |
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Forum Non Conveniens |
Federal - only used when forum that is deemed most appropriate for the action is a foreign court |
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Choice of Law (Erie Doc) IN GENERAL |
FQ: federal substantive & procedural law controls (as well as fed CL) DJ: state substantive & federal procedural law |
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Choice of Law (Erie Doc) Valid Fed Statute on point (state/fed conflict) |
Apply federal law. Before applying federal rule - does rule abridge, enlarge or modify any substantive right? If YES: apply Fed Rule if only incidentally affects rights; If NO: then apply federal rule |
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Choice of Law (Erie Doc) No Fed Rule on Point |
apply state law if failure to do so would lead to different outcomes in state & federal ct. |
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Substantive Law |
elements of claim or defense; SoL & tolling provisions; and BoP |
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Procedural Law |
judge/jury allocation assessment of atty's fees; equitable/legal determination |
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Federal Common Law |
Created when no applicable fed statute (no general fed CL) FQ: apply fed CL in admiralty, when US is a party, interstate disputes, cases implicating relations w/foreign countries, government acts in proprietary role, and when Congress left gap in statutory scheme DJ: when uniquely federal interest @ state & significant conflict exists b/t interest & operation of state law St. Ct. cases: if state JX is concurrent w/FQ & fed CL would have applied in fed ct - also applies in state ct. |
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State Conflict of Law Rules |
federal ct must apply state's conflict of law rules DJ: district ct bound by CoL rules of state in which ct. is located, but only to extent state's rules are valid under FF&C & DP clauses Proc/Subs: states apply their own procedural laws & sometimes apply substantive of foreign JX |
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Service of Process |
w/in 120 days (no 90) after filing complaint served personally, @ usual abode w/person of suitable age who resides there, or to D's agent Waiver: request for waiver of service must be in writing & addressed to individual D & give D reasonable time (@ least 30 days) after sent to return waiver; effect: extends time to serve answer from 21 days to 60 days |
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Temporary Restraining Order (Injunction) |
Preserves status quo until opportunity for a full hearing; effective no longer than 14 days unless good cause may be issued w/o notice to adverse party if immediate/irreparable injury & atty certifies efforts made & why notice should not be req'd. |
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Preliminary Injunction |
Issued prior to full hearing on the merits, upon notice to the defendant May be issued to a P if: P is likely to succeed on the merits; P is likely to suffer irreparable harm in absence of relief; balance of equities in P's favor; and injunction is in public interest |
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Permanent Injunction |
Once issued, continues until dissolved by ct., but any affected person may move for modification or dissolution Same std as PI but P must show ACTUAL SUCCESS on merits |
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Complaint |
Federal Rule: short/plain statement of court's SMJ, P's entitlement to relief and demand for judgment Service generally w/in 120 days of filing |
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Rule 12(b) Motion to Dismiss |
motions against complaint - w/in 21 days of service Lack of SMJ (can be raised @ ANYTIME) Lack of PJ, improper venue, insufficient process/service (can be raised in pre-answer motion or answer; otherwise waived) Failure to state a claim/failure to join parties (can be raised in any pleading, motion for judgment on pleadings or at trial) |
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Rule 12(b)(6) Motion to Dismiss |
Claim will be dismissed if fails to assert legal theory of recovery cognizable @ law or allege facts sufficient to support cognizable claim Court treats well-pleaded facts as true, resolves doubts in P's favor & views pleadings in light most favorable to P. |
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Motion for Judgment on the Pleadings |
after answer filed, allows ct to dispose of case when material facts are not in dispute & judgment on merits can be achieved based on content of pleadings |
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Motion for more Definite Statement |
responding party may move for more definite statement if claim for relief is so vague or ambiguous that party cannot reasonably draft a responsive pleading |
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Motion to Strike (Federal Rule) |
when pleading contains insufficient defense or redundant, immaterial, impertinent or scandalous material - court may order such defense or material stricken |
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Answer |
Answer must admit/deny P's allegations, or plead lack of sufficient knowledge; D must state affirmative defenses or their waived. No motion to dismiss: 21 days after being served w/summons & complaint (or 60 if service waived) Motion to Dismiss: no filing while motion is pending & w/in 14 days after notice of ct's action |
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Reply |
Response by P to D's answer w/in 21 days after being served |
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Amendments |
Party may amend pleading once as of right w/in 21 days; otherwise during/after trial if conforms to evidence & opposing party has time to prepare |
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Relation Back (amendments) |
New Claim: relates back to date of original pleading if amendment asserts claim/defense that arouse of of same conduct/trans/occur as original pleading New Party: (same as above) new party receives notice w/in 120 days after original complaint filed; D knew or should have known a/b action but for mistake concerning proper P's ID Time to Respond: w/in 14 days after service of amended pleading or time left on original pleading (whichever = later) |
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Rule 11 Sanctions |
Court may impose sanctions limited to what suffices to deter repetition of conduct by others similarly situated Types: non-monetary directives, penalties to court or payment to movant for atty's fees an other expense directly resulting from violation |
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Permissive Joinder (joinder of parties) |
Ps & Ds may join/be joined in one action if any right to relief is asserted jointly, severaly or w/respect to/arising out of same trans/occur & question of law/fact common to all Ps or Ds Ds - SJ doesn't apply - must be completely diverse & each claim >$75k Ps - SJ is allowed for $75k amount, but must still be complete diversity In personam JX: ct needs in personam PJ over D for proper joinder |
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Compulsory Joinder (joinder of parties) |
Necessary Ps: complete relief cannot be provided to existing Ps in absence or disposition w/o may impair person's ability to protect interest, or absence would leave existing Ps subject to risk of multiple obligations SMJ: need SMJ (so if DJ - P can't be added if destroys diversity); need PJ too Indispensable Ps: if Ps cannot be joined b/c JX/venue, ct may dismiss case & consider factors (prejudice, protective measures, judgment adequacy, and whether P would have adequate remedy if dismissed) |
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Intervention as of Right (not through fed. statute) |
Non party has interest in prop/trans, disposition of action may impair non-P's interest; non-Ps interest not adequately represented by existing Ps |
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Permissive Intervention |
Ct must consider undue delay/prejudice to rights of original Ps Movant has conditional right to intervene under fed statute, or movant's claim/defense & original action share common ? of law/fact |
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Federal Interpleader Rule |
Interpleader: allows person holding prop (stakeholder) to force all potential claimants into single suit Ps: person w/claims that may expose P to multiple liablity may be joined as Ds; Ds: exposed to similar liability may seek through cross claim or CC SMJ: ct must already have JX over ALL parties (DJ only stakeholder need be diverse from claimants - claimants not req'd to be diverse ea other) |
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Federal Statutory Interpleader |
SMJ: DJ met if any 2 claimants are citizens of different states & prop @ issue must merely exceed $500 In personam JX: nationwide PJ & service of process permitted Venue: proper where any district claimant resides |
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Permissive Joinder (joinder of claims) |
A party may join independent/alternative claims of whatever nature against opposing party DJ: P may aggregate all claims to satisfy amount in controversy FQ: nonfed claims may be joined only if DJ exists or if claims are part of same case/controversy as federal claim so SJ applies |
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Compulsory Counter Claims (joinder of claims) |
(must be answered w/in 21 days of service) @ time of service, CC is compulsory if it arises out of same trans/occur that is subject matter of opposing P's claim & doesn't req adding another P over whom ct has no JX |
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Permissive Counter Claims (joinder of claims) |
Party has discretion if CC isn't compulsory Need DJ or FQ (SMJ) Third Ps: can assert CCs against original P or D, & governed by req'mts for CCs & joinder |
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Cross Claims (joinder of claims) |
(must be answered w/in 21 days of service) claim against co-party may be asserted if arise out of same trans/occur that is subject matter of original action or CC & new Ps subject to joinder rules no objection to venue over Cross claim |
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Third Party Claims (IMPLEADER) (joinder of claims) |
defending P (3rd party P) can implead non-party (3rd party D) for liability on original claim can be asserted anytime after complaint is filed (must get ct permission if filed more than 14 days after service of original answer) |
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Class Actions |
Class so numerous that joinder of all members is impracticable; questions of law/fact common to class; claims/defenses of representatives typical of class; and reps must fairly/adequately protect interests of class FQ, DJ (reps diverse from Ds and one P meets AiC) class action fairness 2005: any P div from D, more than 100 members & aggregate claim more than $5million |
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Mandatory Initial Disclosures |
Must disclose info regarding individuals w/discoverable info, docs supporting claims/defenses, computation of damages or relevant insurance w/in 14 days after discovery conference |
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Mandatory Expert Testimony Disclosures |
identify expert witnesses & produce expert reports @ least 90 days before trial or 30 days after disclosure of opposing Ps experts |
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Mandatory Pretrial Disclosures |
evidence to be presented @ trial other than for impeachment - witness list by testimony/deposition & docs/exhibits @ least 30 days before trial objections w/in 14 days after disclosures made or WAIVED (unless ct. excuses/or FRE) |
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Oral Depositions |
can take place anytime after mandatory initial disclosure & limited to 10 per party (7hr day) |
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Interrogatories |
25 written interrogatories per party relating to non-privileged matters relevant to any P's claim/defense must be fully & separately answered under oath unless timely objected to w/specificity |
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Request to Produce Documents |
a party has 30 days from being served w/request or 30 days from P's first rule 26(f) conference if request was served prior to that conference to respond |
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Voluntary Dismissal (of complaint, CC, cross claim or 3rd P claim) |
Can be filed w/o prejudice (new case can be brought) any time before opposing P serves answer, motion for SJ or dismissal |
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Involuntary Dismissal (of complaint, CC, cross claim or 3rd P claim) |
when P fails to prosecute or comply w/Rules or court order, D can move to dismiss (w/prejudice) = adjudication on the merits |
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Summary Judgment |
no genuine dispute as to any material fact & movant entitled to judgment as a matter of law (construe all evidence in light most favorable to nonmoving P) may be filed anytime until 30 days after close of all discovery |
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Judgment as a Matter of Law (Directed Verdict) |
Court must view evidence in light most favorable to opposing party & draw all reasonable inferences from evidence in favor of opposing P. anytime before case is submitted to JURY |
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Renewed Motion for Directed Verdict (judgment as matter of law) |
JNOV - if court doesn't grant directed verdict, movant can file a JNOV no later than 28 days after entry of trial judgment |
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Res Judicata (Claim Preclusion) |
Valid final judgment on the merits, sufficiently identical causes of action (if identical = barred) and sufficiently identical Ps (P & D must be same, in same roles in both actions) |
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Collateral Estoppel (Issue Preclusion) |
Same issue (facts/applicable law must be same), final, valid judgment (on merits), and essential to judgment (issue = necessary component of decision reached) |
