Civ Jurisdiction Flashcards Preview

Bar exam > Civ Jurisdiction > Flashcards

Flashcards in Civ Jurisdiction Deck (28):

What two laws must be satisfied to find P/J?

Whether there is P/J over the parties depends on wether (1) the state's long arm statute is satisfied AND (2) the constitution (due process) is satisfied.


How is the states long arm statute satisfied?

Most states find jurisdiction is sufficient if it meets the constitutional test.


What is the constitutional test for P/J?

Does D have such minimum contacts with the forum so that jurisdiction does not offend traditional notions of fair play and substantial justice?


What four things must be established under the Minimum Contacts test for valid P/J?

Contact: D must have purposefully availed himself to the forum state (through a voluntary act), in such a manner that she could foreseeable be sued in the forum for such contact.

Relatedness: There must be a relation between the contact and the plaintiff's claim.
--specific P/J: If the claim arises from D's conduct with the state (ie car accident).
--general P/J: D must have continuous and systematic ties with the forum so that D is essentially at home in the forum.
----Humans: Domicile (physical presence and intent to permanently remain).
----Business: Nerve center test (where formed and PPB).

Fairness: Must assess whether jurisdiction would be fair or reasonable under the circumstances.
--Factors include: convenience, states interest, plaintiff's interest.

Notice: D must be notified of the lawsuit by a reasonable method and given an opportunity to appear and be heard.


What is SMJ?

Federal courts can only hear certain types of suits, either (1) federal questions or (2) suits involving a diversity of citizenship.


What is needed to prove a federal question exists?

Complaint must show a right or interest founded substantially on a federal law.
--Well pleaded complaint rule: P's claim itself must arise under federal law; it is not enough that it states a federal issue in the complaint. (Is P enforcing a federal right?)
--P cannot anticipated a potential defense.


What is needed for a diversity case?

The case is either (1) between citizens of different states or (2) between a citizen of a state and a citizen of a foreign country AND the amount in controversy exceeds 75k.
--natural person are residents where domiciled.
--corporations have two residence; (1) state of incorp and (2) PPB "found using the nerve center test."
--amount in controversy: amounts of one P v. one D or one P v joint tortfeasor can be aggregated to exceed 75k.


How does supplemental jurisdiction affect SMJ?

It can only be used when there is already a case in federal court (through FQ or diversity). Now we have an additional claim in the case and this additional claim does not meet diversity of FQ.
--test: The claim must share a COMMON NUCLEUS OF OPERATIVE FACT with the claim that invoked SMJ. ( this test is always satisfied if the claims arise from the same transaction or occurrence).
----limitation: In a diversity claim, P cannot use Supp. JD diversity. However, P can use it to overcome the 75k amount.


How does removal work?

Defendant sued in state court might be able to remove the case to federal court. However, the removal must occur within 30 days of service of process.


What is the Erie Doctrine?

A federal court in diversity case must apply state substantive law.
--if if fed law on point directly conflicts with state law, apply the fed because of supremacy clause.
--SC has held absent a conflicting federal law, state law applies to the elements of a claim or defense, statute of limitations, rules for tolling SoL, and conflict of law rules.
--if no fed law and does not fall into one of the SC categories the following three test should be used:
----outcome determinative: would applying or ignoring the state rule affect outcome of case? If so probably substantive.
----balance of interest: does either the fed or state have a strong interest in having its rule applied?
----avoid forum shopping: if fed court ignores state law on this issue, will it cause a flood of litigant? If so likely use state law.


If SMJ allows for jurisdiction of a federal court; then what tells us which federal court?

--P may lay venue in any district where: (1) all D's reside (if all D's reside in different districts of the same state then any of those districts will be proper), OR (2) a substantial part of the claim arise. If neither then wherever D is subject to PJ.
**Note: a fed court can transferee to any fed district that has PJ and SMJ over D or anywhere with unanimous party consent.


What must P procedurally do first?

P must give Notice of lawsuit to D via (1) a summons and (2) a copy of the complaint. These two documents are called process.
--any nonparty 18 yr old can serve the process.
--service of process can be done by personally giving D the papers, or leaving process with someone of adequate age and resident at D usual home, or service of D's agent, or by any way provided by state law.
--P can mail D a copy of process and two copies of waiver form with prepaid means of returning. If D executes and mails back within 30 days, D waives service but not PJ.


What are the two interlocutory motions?

--TRO: can be granted without notice to adverse party if facts shown by affidavit or verified complaint that IMMEDIATE and IRREPARABLE HARM will occur before adverse party can be heard. May not exceed 14 days.
--Preliminary Injunction: court issue to maintain status quo. Must give notice to adverse party and moving party must show they have a likelihood of prevail on the merits and the injunction will not cause irreparable harm.


What is required in a complaint?

Ps. Filing commences an action.

(1) statement of grounds for SMJ
(2) short and plain stmnt of the claim, showing entitled to relief
(3) demand for relief sought

Pleading standard: must plead facts supporting a plausible claim.
--particularity and specify- fraud, mistake, and special damages have heightened pleading standard.


What is required of the defendant after he receives a complaint?

D must respond within 21 days after service either by motion or by answer.
--Motions: are not pleadings they are a request for a court order.
----12(b) defenses (can be put in motion or answer):
(1) lack of SMJ
(2) lack of PJ
(3) improper venue
(4) insufficiency of process (something wrong with papers)
(5) insufficient service of process
(6) failure to state a claim
(7) failure to join indispensable parties
****2,3,4,5 must be included in first response or they are deemed waived; 5,6 must be raised before or at trial or they are waived. SMJ can initially be raised even on appeal.
--Answer: must respond to allegations in the complaint by admit, deny, or lack sufficient knowledge. Failure to deny can be an admission except for damages. You may also raise affirmative defense and counter claims.


What are the two type of counterclaims?

Compulsory: arises from the same T/O as P's claim.
Permissive: does not arise from the same T/O as P's claim.
**still check SMJ or Supp JD.


What are the four common fact patterns for amending pleadings?

Right to amend: P has a right to amend w/in 21 days after D her first rule 12 response.

If no right to amend: seek leave of court if justice so requires.

Variance: where evidence at trial does not meet what was plead. If variance not given then evidence is inadmissible.

Relation back: even if SoL have tolled, but orig was filed prior to tolling, then the amendment relates back so as to not violate SoL.


What are the two pretrial adjudications?

12b motions (D moves to state a claim): it tests only the sufficiency of P's allegations. The court ignores legal conclusions. It looks only at allegations of fact in the complaint. If these facts were true and P would still lose then the motion will be granted.
***Note: the fact alleged must support a plausible claim. If the same motion is made after D response then it is known as motion for judgment on the pleadings.

Summary judgment: Must show (1) no genuine dispute on a material fact AND (2) that she is entitled to judgment as amateur of law.
--Can move anytime within 30 days of close of discovery.
--Court can consider evidence, but must do so in a light most favorable to nonmoving party.
--no hearsay allowed


What are the three required disclosures (materials that must be produced even though no on asks for them)?

Initial Disclosure: must identify persons, electronically stored info, and documents that are "likely to have discoverable information that the disclosing party may use to support its claim or defense."

Experts: must identify experts who may be used at trial.

Pretrial: no later than 30 days before trial, must give detailed info about trial evidence, including documents and identity of witnesses to testify live or through deposition.


What are the main discovery tool rules?

Discovery tools may not be used until a rule 26(f) discovery conference
(Depositions)-nonparties should be subpoenaed. Parties must attend whether subpoenaed or not.
(Interrogatories)-other party only. They have 30 days to respond.
(Request to produce)- party or nonparty. Nonparty should be subpoenaed. 30 days to produce requested important documents.
(Mental or physical exam)-only by court order. Must go to the case and for good cause.
(Request for admission)-request that other party admit truth of any discoverable matters. must respond within 30 days. Failure to deny is an admission.
(Duty to supplement)-must inform other side of changes after initial discovery.


What is the scope of discovery?

Includes anything that is reasonably calculated to lead to the discovery of admissible evidence.
--privileged material is not discoverable. "Created in anticipation of trial."


What is the penalty for violating discovery?

If partial or small, light sanctions will be imposed.

If complete failure or failure to attend rule 26(f) conference, RAMBO sanctions. Including dismissal.


What are the rights to a jury trial in federal court?

7th amendment preserves the right to a jury in civil actions at law (damages), but not suits in equity (injunction). However a written demand must be made within 14 days of service of the last pleading raising jury issues.


What is a renewed motion for judgement as a matter of law (RJMOL)?

Judge did not grant motion for JMOL and case went to the jury. It returns a verdict for one party, and court enters judgment on the basis of that verdict. Now the losing party files a renewed motion for JMOL.
--must move within 28 days of judgment.
--must be same as JMOL.
--must have moved for JMOL during the trial.


What are the grounds for granting a motion for new trial?

(1)error at trial that makes judgment unfair (wrong jury instruct).
(2)new evidence previously unattainable by due diligence.
(3)prejudicial misconduct by player in trial.
(4)judgment is against the weight of the evidence (serious jury error).
(5)inadequate or excessive damages
***must move 28 days after trial. court more likely to grant RJMOL.


When can a party appeal?

As a general rule, a party can appeal only from final judgments, which means an ultimate decision by the trial court on the merits of the entire case. The a party must file a notice of appeal to the trial court within 30 days of entry of final judgment.
--interlocutory review may be granted even if no final judgment.


When does res judicata (claim precluding apply)?

(1) case 1 ended in a valid final judgment and (2) case 1 and 2 were brought by the same claimant against the same defendant.

(1)=valid final judgment on the merits. Any judgment is on the merits unless it was based on jurisdiction, venue or indispensable parties.

(2)=majority approach/same Transaction or occurrence. Modern trend/separate claim for prop damages and personal injuries, because they are different primary rights.


Collateral estoppel (issue preclusion)?

This is narrower then claim preclusion because it deals not with an entire case but an issue within a case.
-allowed only when both parties are mutual in both cases, or if the person asserting issue preclusion was not a party to case 1 & is a defendant in case 2.