Civ Pro Flashcards Preview

Bar Exam > Civ Pro > Flashcards

Flashcards in Civ Pro Deck (45)
Loading flashcards...
1

Minimal Diversity

1. Statutory interpleader
2. Large class actions + > 5mil
3. Interstate mass torts

2

Corporate citizenship

1. Incorporation state
2. Nerve center

3

Unincorporated associations citizenship

citizenship of every member

4

Amount in controversy exceptions

1. Aggregation of claims between P & D
2. Aggregation between many Ps and 1 D re: same right
3. 1 P w/ claim > 75k & smaller claims of other Ps stemming from same T&O

5

Supplemental JX (federal Q)

OK if CNOF

6

Supplemental JX (diversity)

1. Compulsory counterclaims (same T&O)
2. X-claims + CNOF
3. Permissive P joinder + CNOF + regardless of amount in controversy

7

Supplemental Jx (diversity exclusions)

1. Ps vs Interpleaded 3rd-party D
2. Ps v. Ds joined as necessary parties (R. 19)
3. Claims by P intervenor
4. Claims by involuntarily joined Ps (R. 19)

8

Removal General Rule

Proper only if case could have originally initiated in that federal court

* Only Ds can remove

9

Constitutional Req for PJx

Minimum contacts btw D and forum state such that jx over the person comports w/ traditional notions of fair play and justice

*Key is purposeful availment

10

Waiver of PJx

Waived if not filed at first opportunity:

1. Motion to dismiss, or
2. Answer

11

Special Federal Jx rules

1. Law authorizing nationwide service of process
2. Bulge provision w/r/t impleaded 3rd party D + necessary parties

12

General in personam jx

1. Presence
2. Domicile
3. Consent
4. Incorporation
5. Nerve center
6. Doing business (substantial activity)

13

In rem jx

Any property, real/intangible, so long as physically present in the state

14

Waiver of venue

Must be raised at 1st opportunity like PJx
1. Pre-answer motion to dismiss
2. Answer

15

Proper federal venue

1. Ds same state --> where any D resides
2. Where the claim arose or where property is

IF NOT, then:

3. Where any D can be served

16

Claim for relief

Not limited to complaint except for default judgments

17

Special pleading

1. Fraud/Mistake
2. Special damages

18

Motion to dismiss (claims)

1. Lack of SMJ
2. Lack of PJx
3. Improper Venue
4. Failure to state a claim
5. Failure to join a necessary party
6. For non conveniens

19

Failure to answer complaint

Admission

20

Amendments to pleadings

1. As of right w/n 21 days
2. Thereafter, by leave of court --> Freely granted

21

Relate Back Amendment to add a party

Relates back if:
1. concerns same T&O
AND
2. Party knew/should've known that action should've been brought against them

22

Permissive joinder Ps

1. Same T&O
2. Common question of law/fact
*Cannot destroy diversity

23

Intervention

1. Interest in lawsuit that will be compromised by disposition of the action
2. Common question of law/fact
3. Meet diversity jx requirements

24

Statutory interpleader

1. Amount of 500+
2. Nationwide service
3. Venue proper where any claimant resides
4. Minimal diversity

25

Compulsory Counter-Claims

Same T&O
*SOL not an issue

26

X Claims

- Must arise out of same T&O
- Never compulsory

27

Impleader (def)

Allows D to implead another D who may be liable for all/part of P's claim

* Bulge applies
* No supplemental jx for original P against 3rd party D

28

Class action reqs

1. Numerosity
2. Commonality
3. Typicality
4. Adequacy

29

Class action diversity

Applies to named Ps only

30

Mandatory DIsclosure

1. Contact info of people w/ discoverable info
2. Expert Ws
3. List of all Ws and exhibits