civ pro

Question 1

Diversity Jurisdiction

Answer 1

complete diversity:

• each plaintiff must be a citizen of a different state than every defendant
• diversity at time of file
• amount in controversy exceeds 75,00
• can combine claims to get to amount necessary even if not the same issue (aggregate)
• if multiple defendants than can aggregate if defendants are same issue

Question 2

Federal Question

Answer 2

• arising under the constitution laws, treaties of the US

- existence of federal question must appear in complaint as part of plaintiff’s well pleaded cause of action

Question 3

supplemental jurisdiction

Answer 3

where plaintiff has both federal question and state law claims the court has jurisdiction to exercise supplemental jurisdiction over state law claim if:

• the supplemental claim arises from a common nucleus of operative fact as the federal question claim
• the claims ordinarily would be tried in one proceeding

Question 4

Personal Jurisdiction

Answer 4

• State statutes may authorize by:
  1. presence at the time of service
  2. domicile
  3. where defendant consents
  4. where states long arm statute provides a basis
• constitutional
  1. contacts = sufficient minimum contacts between defendant and forum state. Purposeful availment/foreseeability
  2. relatedness = plaintiff’s claim must be related to the defendant’s contacts with the forum state
  - specific =applies where the court may exercise jurisdiction for the complained of cause of action based on the defendants purposeful activities in forum state
  - general = when “at home”
  3. fairness = must be fair as not to offend traditional notions of fair play and substantial justice

Question 5

Erie Doctrine

Answer 5

• only applies to diversity cases
• federal procedural law applies
• state substantive law applies
• three tests:
  1. outcome determinative = issue is substantive if it substantially affects the outcome
  2. balance of interest= if state has greater interest than substantive
  3. forum shopping= if failing to apply state law would increase litigation fed court than substantive

Question 6

Substantive areas

Answer 6

• statutes of limitations
• rules for tolling statutes of limitations
• choice of law rules
• elements of claim of defense

Question 7

Impleader Rule

Answer 7

A defendant may implead a non party ONLY IF the defendant who is now the third party is or may be liable for all or part of the liability to the original plaintiff

Question 8

Entry of Default

Answer 8

Notation in the casefile by the court clerk that there has been no answer filed by the defendant within the time.

• made when the defendant does not oppose the case either by failing to plead or otherwise defend
• once default made does not entitle the plaintiff to get the request of relief, must still get the judgment by the judge, defendant can contest the fees at the judgment hearing
• for clerk to enter default:
  1. amount put be asserted and proved in plaintiff’s affidavit
  2. defendant has NOT appeared. if the defendant has appeared in anyway than the clerk cannot enter default and must get judgment from judge
  
  • appearance is satisfied by
    
    1. formal
    2. any other action indicating that the defendant intends to contest - if indicated must get ADDITIONAL notice 7 days before