Civ Pro Flashcards
2 places to look for PJ
- state long arm statute or other statute
- constitutional analysis
minimum contacts made of 3 factors
contact, relatedness, fairness
What is considered minimum contacts
purposeful availment and foreseeability
three types of PJ
specific
general (diff types of relatedness)
tag
relatedness for specific PJ
causal connection
OR
purposeful availment= substantial contact + claim relates to contact
relatedness requirement for general PJ
domicile
tag jurisdiction
an individual is served with process in a state and was there voluntarily
MEE personal jurisdiction
- Is it allowed by state long arm?
- Is it allowed by const?
Due process requires minimum contacts between defendant and forum state such that it’s consistent with traditional notions of fair play and substantial justice to sue the defendant here.
a. general (domiciled- residency with intent to remain)
b. specific (minimum contacts- foreseeable purposeful availment and injury rose out of, or substantial contacts relating to claim, and fair- burdens and interest)
c. tag/transient (served with process voluntarily and individually)
Waiving PJ:
Lack of personal jurisdiction CAN be waived, but only if raised at the first opportunity or it is waived. If defendant chooses to file a pre-enter motion to dismiss, must make the objection then or waive it, or if the defendant does not file a pre-answer motion, must be raised in the answer.
Tag PJ:
Federal Interpleader Act: allows nationwide service of process. Bulge Provision: Allows service anywhere within 100 miles of the federal courthouse even if in another state, and two situations:
1- For impleading third-party defendants under rule 14 (3rd party claimants);
2- and for joining necessary parties under rule 19 (Joinder of required parties)
Property types of PJ:
In Rem Jurisdiction: suit against any kind of property, real or personal (the res) so long as the property is located in the state where you are suing, and it can settle everyone in the world’s claim against that property (i.e., the state has physical power over the property).
Quasi in Rem: suit to adjudicate the claim to property of a particular defendant or defendant; the subject matter of the suit may or may not be related to the property. Subject to the same minimum contacts as in personal jurisdiction.
MEE subject matter jurisdiction
- federal q (well pleaded complaint arising under federal law, law creates a right that is being asserted)
- diversity (over 75k and diff citizenship/alienage)
- supplemental (common nucleus of operative fact and P is not bringing it if it’s a diversity case)
Not waivable.
Removal to federal court is proper only if the case could have been brought originally in federal court and only a defendant may remove, but ALL defendants must consent to removal within 30 days.
MEE venue
- Any district where any of Ds reside if all from same state
- Any district in state where substantial part of events occurred.
3, fall back only if there is no other proper venue- any state where there is PJ
For the convenience of the parties and in the interests of justice, a district court may transfer any civil action to any other district or division where it might have been brought.
Generally, if the venue of an action is transferred where the original venue is proper, the court where the action is transferred must apply state law of the transferor court, this includes the state’s rules regarding conflict of law.
However, when venue is transferred based on a valid forum selection clause, transferee court must apply the law, including the choice-of-law rules, of the state in which it is located. The transferee court should not apply the law of the transferor court because the parties have contractually waived their right to the application of that law by agreeing to be subject to the laws of the transferee venue.
MEE Claim preclusion
A claim is precluded if it’s:
- Same P v same D
- Valid final judgment on the merits
AND 3. Same claim- either same T/O or primary rights, how many personal or property ones were invaded (minority view)
Ct applies the law of the court that decided the previous case. Under federal law, a federal ct applies the law of the state in which it sits.
MEE issue preclusion
An issue is precluded if:
- Case ended in valid final judgment on merits
- Issue was litigated and determined
- It was essential to the judgment
- Against a previous party or someone on privity- DP under const
Issue preclusion may asserted by:
By someone who was a party
By someone who was not a party- only if allowed under preclusion laws of the old ct AND:
If using defensively- as long as had a chance to litigate in case 1
OR If using offensively-as long as it’s fair
MEE Erie Doctrine
If a federal court is deciding a diversity case, it applies state law under these rules:
If there is a federal law on point that directly conflicts with state law, whether procedural or substantive, a valid federal law always applies under Supremacy Clause.
Otherwise:
If it is a procedural issue, federal law also applies (FRE, FRCP).
If it is a substantive issue, state law applies. These areas are considered substantive laws: i) Choice of law ii) Elements of claim or defense iii) SOL iv) Tolling of SOL v) Granting a new trial vi) Preclusion in diversity cases
If it is unclear if it is substantive or procedural, a balancing test is applied:
- Is it outcome determinative? (affects outcome of case)
- Does either federal or state have strong interest in applying law?
- Will it cause forum shopping?
If it is an area within federal (not general) common law, federal court can make up law:
◊ International relations, admiralty, disputes between states, suing a federal officer for violation of federal rights, Preclusion (if it’s not a diversity case)
MEE Pleadings
Steps:
- Pleading.
Must contain: Grounds of SMJ, Short and plain statement of P’s entitlement to relief, Demands for relief, Details supporting the plausibility of claim
(Some special cases require particularity or specificity- fraud)
Can be amended within 21 days as matter of right.
Can be amended to add claim after SOL if relates back.
Can be amended to add D if had knowledge of mistake.
Rule 11 signature applies.
- Motion (optional) (21 days/60 days for mail).
D responds with Rule 12 motions (some compulsory)
- Answer (21 days after service, or 14 days after motion denial).
Admit, deny, state lack of info, and raise affirmative defenses.
Amend within 21 days as matter of right
Rule 11 signature applies.
- request for jury (14 days)
only available for legal claims, not equitable claims
MEE Joinder
SMJ always applies.
P may join additional unrelated claims against D.
D may advance counterclaim against P. If it arises from same T/O, it is compulsory in first answer. If unrelated, it’s permissive.
Multiple Ps and Ds may be added if arise from same T/O and raise common issue of fact or law. D can only implead another D if looking to get liability covered. A 3rd party may intervene permissively if ct allows. Co-parties may advance cross claims permissively if arise out of same T/O.
Ct may add necessary parties if needed for complete relief, harms interests, or causes inconsistent liability. Does not include joint tortfeasors. If not feasible, can proceed anyway as long as there is alternative forum, and harm will be avoided for all parties, otherwise truly indispensable and must dismiss.
