Civil Procedure

Question 1

Define: General Personal Jurisdiction

Answer 1

General personal jurisdiction can be obtained by consent, presence, or domicile.

Question 2

How do federal courts exercise personal jurisdiction?

Answer 2

Federal district courts may exercise personal jurisdiction to the same extent as the courts of general jurisdiction of the state in which the district court sits.

Question 3

Define: Specific Personal Jurisdiction

Answer 3

State courts of general jurisdiction may exercise personal jurisdiction over nonresident defendants to the extent authorized by both the state’s long-arm statute and Due Process Clause of the Fourteenth Amendment of the U.S. Constitution.

Question 4

How does a nonresident defendant establish minimum contacts with a state?

Answer 4

1. They have purposefully availed themselves of the benefits and protections of the state.
2. The exercise of personal jurisdiction would not offend traditional notions of fair play and substantial justice.

Examine the quality of the contacts with the state.

Question 5

Define: Subject-Matter Jurisdiction

Answer 5

SMJ is the power of a court to hear a certain type of case. Federal courts are of limited jurisdiction.

Question 6

What are the types of Subject-Matter Jurisdiction?

Answer 6

1. Federal-question jurisdiction
2. Diversity jurisdiction
3. Supplemental jurisdiction

Question 7

Define: Federal-Question Jurisdiction

Answer 7

The federal question must appear on the face of the plaintiff’s well-pleaded complaint. It cannot appear in the answer. Further, the plaintiff cannot merely anticipate a federal defense in its complaint.

Question 8

Define: Diversity Jurisdiction

Answer 8

Cases may be brought under diversity jurisdiction if two requirements are met:

1. There must be complete diversity of citizenship between the plaintiffs and defendants; and
2. The amount in controversy must be over $75,000.

Question 9

Define: Supplemental Jurisdiction

Answer 9

Supplemental jurisdiction is an issue when there is a jurisdictional basis for one claim but not the other (e.g., a plaintiff brings a federal question claim and tacks on a related state claim).

A plaintiff cannot use supplemental jurisdiction to add a claim against a nondiverse party if the sole basis for SMJ is diversity.

Question 10

Who can remove an action to federal court, and when?

Answer 10

Defendants (not plaintiffs) may remove an action from state court to the federal court that geographically embraces it if the plaintiff could have initially brought the case in federal court.

Generally, if the plaintiff could not have brought the case in federal court, then the defendant cannot remove it either.

Question 11

When is a venue proper?

Answer 11

Venue is proper in a district where:

1. Any defendant resides if all defendants reside in the same state;
2. In a district where a substantial part of the events or omissions giving rise to the claim occurred; OR
3. A substantial part of property that is subject to the action is situated.

Question 12

When can an action be transferred to a more appropriate forum?

Answer 12

The federal court has authority to transfer a case to another federal district when:

• It is for convenience of the parties and witnesses; AND
• It is in the interest of justice.

The new forum must have both SMJ and PJ.

Question 13

When an action is transferred to a more appropriate forum, what law will the new court apply?

Answer 13

The law of the transferor forum.

Question 14

Types of Temporary Remedies

Answer 14

1. Temporary Restraining Order (TRO)
2. Preliminary Injunction

Question 15

Does a temporary restraining order require notice to the adverse party?

Answer 15

No.

But only in limited circumstances and for a limited time.

Question 16

Characteristics of a Temporary Restraining Order

Answer 16

1. Plaintiff must show a risk of “immediate and irreparable injury.”
2. The TRO lasts no longer than 14 days
3. Only meant to serve as a stopgap measure

Question 17

Define: Preliminary Injunction

Answer 17

A preliminary injunction is equitable relief with the objective of preserving the status quo.

Question 18

When must a matter be tried after the court grants a preliminary injunction?

Answer 18

Within 6 months, unless the parties stipulate or good cause is shown.

Question 19

How does a court evaluate requests for preliminary injunctions?

Answer 19

1. Harm: the significance of the threat of irreparable harm to the plaintiff if the injunction is not granted;
2. Evaluation of injuries: the balance between this harm and the injury that granting the injunction would inflict on the defendant;
3. Likelihood of prevailing: the probability that the plaintiff will succeed on the merits; and
4. The public interest

• Mnemonic: HELP

Question 20

Define: Work Product

Answer 20

Work product is any material prepared in anticipation of litigation.

Question 21

Are witness written statements considered work product?

Answer 21

Generally, yes.

BUT if they are considered work product, they may be discoverable if the party can show:

1. Substantial need; and
2. Undue hardship

An attorney’s mental impressions are never discoverable.

Question 22

Are final and nonfinal judgments appealable?

Answer 22

• *Final Judgments**: Generally, yes
• *Nonfinal Judgments**: Generally, no

Exceptions include:

• Final orders in cases involving multiple claims and multiple parties and some are still pending–the other parties may be able to appeal their orders
• Orders involving injunctions, garnishments, and other temporary remedies
• Interlocutory orders by leave
• Orders constituting a final judgment on collateral matters

Question 23

Define: Issue Preclusion

Answer 23

Issues that were actually litigated and decided and essential to the judgment in a previous case cannot be litigated again.

Question 24

Define: Claim Preclusion

Answer 24

A claim that has been litigated to a final judgment on the merits cannot be relitigated by the parties (or their privies).