MBE Federal Civil Procedure

Question 1

SUBJECT MATTER JURISDICTION (SMJ)

Answer 1

SMJ — Court’s Jursidiction over the CASE
2 ways to get SMJ over the case

1) Diversity — All Plaintiffs and Defendants must reside in different states AND Case must be worth more than 75k.

a) All Plaintiffs and Defendants must reside in different states.

• Residence — Permanent residence. Physical presence + intent to remain.
• Multiple P’s and D’s — 1 common state ruins diversity.
• Corporations — Where Incorporated OR Principal place of business.

b) Case must be worth more than 75k.

• Aggregating claims to reach 75k?
• 1 P / 1 D — CAN aggregate unrelated claims
• 1 P / multiple D’s — CAN’T aggregate separate unrelated claims

2) Federal Question — Plaintiff’s complaint must arise under Federal law/matter.

• Example: Admiralty law, IP law, Federal Statute
• Must be plaintiff’s case, not defendant’s

Question 2

PERSONAL JURISDICITON (PJ)

Answer 2

PJ — Courts Jurisdiction over the DEFENDANT (or property)

Out-of-State Defendants: Need sufficient minimum contacts within the State that the exercise of jurisdiction would be fair and reasonable.

• Court will look to two factors: purposeful availment and foreseeability.

Purposeful Availement

• Contacts cannot be accidental. Defendant must actually reach out to the forum in some way, such as to make money there or to use the roads there.
• Example: Filing somewhere for tax benefits to taking advantage of jurisdiction’s laws. Entering contracts stipulating parts of the contract to be performed in the state, choice of states law

Forseeability

• D should have reasonably anticipated he could litigate in the state
• D’s activities in the State make it foreseeable that they may be “haled into court” there.

Doing Business?

• Business activities are systematic and continuous

ALWAYS get Personal Jurisdiction when Defendant is:

• a resident of the state
• physically present in the state AND personally served with process
• consent to be sued in a jurisdiction (ex: contract term)

Buzzwords: Will not violate Due Process (it’s fair)

Question 3

REMOVAL

Answer 3

REMOVAL of the case from STATE Court to FEDERAL Court

Elements
1) ONLY DEFENDANT may be the one doing the Removal.
2) ONLY IF Federal Court would have had original jurisdiction over the action (SMJ – Diversity or Federal Question)

• Home Rule: If solely based on diversity jurisdiction – can’t remove if any defendant is a citizen of the state where the action was filed.

“Remand” is to send back down to State Court

Question 4

VENUE

Answer 4

Venue is the LOCATION in which to bring an action.

Venue is PROPER:

1) Where DEFENDANT RESIDES

• Corporations may have multiple (encorporated, ppb)

2) Where SUBSTANTIAL PART of events/activities that gave rise to the action took place.

————If 1st and 2nd don’t apply - Apply 3rd————

3) Where Defendant is REACHABLE — Proper PJ over D

Question 5

SERVICE OF PROCESS

Answer 5

SERVICE OF PROCESS is proper if it provided adequate notice or is reasonably likely to inform

Who May Serve?

• Any person who is at least 18 years old and not a party to the action.

How Service is Made

1) INDIVIDUALS

• Direct Service — Hand Complaint to Defendant
• Indirect Service — Service left at the Defendant’s home with someone residing therein of suitable age (old enough to understand and provide notice to D, maybe not a 6 year old, 13 year old maybe okay, facts will tell you)
• First Class Mail — ok SO LONG AS there is some sort of acknowledgement form or receipt to prove there was notice.

2) CORPORATIONS

• A corporation, partnership, etc. may be served by serving a DESIGNATED/AUTHORIZED AGENT of the corporation
• IF NOT — someone of sufficiently high placement (executives, officers, etc.)

Bonus

STATE STATUTE — Service may be made in ANY MANNER COMPLYING WITH STATE STATUTE

Question 6

MOTIONS > 12(b) Motion to Dismiss

Answer 6

12(b) Motion to Dismiss — PRE-ANSWER !!!
M2D is based on technicalities, not having to do with the substance of the claims.

Can raise anytime (even appeal)

• Lack of subject matter jurisdiction

MUST RAISE these at the time a pre-answer MOTION is filed or the ANSWER is filed (whichever comes first) or else WAIVED

• Lack of personal jurisdiction
• Improper venue
• Insufficient service of process

Question 7

MOTIONS > Motion for Summary Judgment

Answer 7

When? AFTER Discovery, but BEFORE Trial
Standard: No genuine dispute of material fact

• Is there a factual dispute?
• The court may not decide disputed fact issues on a motion for summary judgment; if there is a genuinely disputed material fact.

PT —-D—–x—T——– J

Question 8

MOTIONS > Judgment as a Matter of Law

Answer 8

Raised after Plaintiff rests (or after both sides rest) and BEFORE CASE GOES TO THE JURY

• After evidence has been presented (trial)

Standard: A reasonable jury does not have sufficient evidece to find for the other party

PT —-D——–T——x– J

buzzwords: jury, evidence

Question 9

MOTIONS > RENEWED Motion for Judgment as a Matter of Law

Answer 9

After the case comes back from the jury.

Who was allowed to raise this?

• Only the party who originally moved for judgment as a matter of law at some time during the trial.
• A party may raise only those issues raised in the original motion for a JMOL.

The standard is the same as for the original motion for judgment as a matter of law:

• A reasonable jury does not have sufficient evidece to find for the other party

Question 10

Pre-Trial Procedures > Complaint

Answer 10

3 elements in a valid complaint:

1) Short and plain statement of the facts
2) Statement for grounds of jurisdiction
3) Demand for relief (i.e., damages)

• DO NOT NEED to prove case or legal theory.

Commencing the Action

• Complaint is filed with summons in county clerk’s office
• the FILING commences the action (i.e., statute of limitations)

Question 11

Pre-Trial Procedures > Answer

Answer 11

Admit/Deny allegations in the Complaint.
* Whatever is NOT DENIED is deemed as ADMITTED.

Question 12

Pre-Trial Procedures > Amended Pleading >
1) Amendment as a matter of right
2) Amendment by leave of Court

Answer 12

1) Amendment as a matter of right:

• Can amend pleading once without the Courts permission so long as within 21 days run from the original pleading.

2) Amendment by leave of Court:

• After 21 days, can amend pleading by Leave of Court.

buzzwords: “if justice so requires”

Question 13

Pre-Trial Procedures > Relate Back

Answer 13

Amended pleading relates back in time to the original pleading.

• for purposes of statute of limitations

CLAIMS ADDED in the amended pleading relate back WHEN when they arose out of the same conduct, transaction, or occurrence of the original pleading.

• If not, can still amend pleadings but claims won’t relate back in time.

Question 14

Erie Doctrine — Choice of Law

Answer 14

Always applies in diversity cases (different states, 75k+)

2 SCENARIOS:

1) State vs. State

• The Law of the State where the court sits
• Where case was filed

2) State vs Federal

• STATE SUBSTANTIVE LAW generally applies, unless the issue is procedural, then Federal law applies.
• If State and Federal law are in ACTUAL CONFLICT — supremacy clause says FEDERAL law applies