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Bar Exam - Home Made > Civ Pro > Flashcards

Civ Pro Flashcards

1
Q

3 types of Federal Subject Matter Jurisdiction

A
  • Federal Question
  • Diversity
  • Supplemental Jurisdiction
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2
Q

Diversity of citizenship

A
  • Exceeding $75,000 in amount in controversy
    • Plaintiff’s good faith allegation in the complaint determines the amount in controversy
  • Complete diversity - no plaintiff can be from the same state as any defendant
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3
Q

Citizenship of Corporation in Diversity

A
  • Anywhere it is incorporated
  • Where its principal places of business is
    • (“nerve center”) = high-level officers direct and control the corp’s activities
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4
Q

Citizenship of individual in diversity

A
  • Where she is domiciled
  • Domiciled = physically present coupled with the intent to remain there permanently
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5
Q

Federal Question Jurisdiction

A
  • Available when the plaintiff’s well-pleaded complaint sets forth a claim that arises under federal law (Constitution, fed law, US treatise)
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6
Q

Supplemental Jurisdiction

A
  • First Check - Does the “new” claim have Diversity or FQ? If so, then it can be heard in Federal Court. If not.. then check whether:
  • Requires that the supplemental claim arose from the same nucleus of operative fact as that claim that invoked original federal subject matter jurisdiction
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7
Q

When Supplemental Jurisdiction May Not Be Used

A
  • The addition of a plaintiff by means of supplemental jurisdiction cannot destroy complete diversity
  • In diversity cases for claims by plaintiffs against impleaded parties, against compulsorily joined parties, against permissively joined parties, and against intervening parties
  • Claims by compulsorily joined plaintiffs or by plaintiffs seeking to intervene may not be heard under the court’s supplemental jurisdiction
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8
Q

Personal Jurisdiction

A
  • Federal Courts must have PJ over a party for its judgment to be binding
    • Fed Courts can exercise PJ to the same extent as the state courts where the federal district court is located
  • Personal Jurisdiction falls in 2 categories
    • Traditional bases of jurisdiction
    • Long-Arm statute jurisdiction
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9
Q

Traditional Bases of Jurisdiction

A
  • Domicile
  • Presence in the state when served
  • Consent; OR
  • Waiver (appearing in the action without objecting)
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10
Q

Personal Jurisdiction Long-Arm

A
  1. The State must have a Long-Arm Statute; AND
  2. Comply with Constitutional Due Process Requirements - D has sufficient minimum contacts with the forum state so as not to often traditional notions of fair play and substantial justic
  • (i) Prong 1 - Minimum Contacts (contacts + relatedness) - either:
    • (a) General Jurisdiction - contacts so substantial and of such nature that D is essentially at home
      • Individuals = domicile in state
      • Corporations = where Corp. is “at home” (usually where incorporated or HQ is)
    • (b) Specific Jurisdiction - Connection between forum state and underlying controversy AND lawsuit must relate/arise from D’s contact with the state
      • Regularly occurring product in sa state DOES NOT justify jurisdiction of claim unrelated to those sales
  • (ii) Prong 2 - Fair Play & Substantial Justice
    • Must be fair and reasonable for D to be sued in the forum state
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11
Q

Summary Judgment

A
  • Summary judgment must be granted if, from the pleadings, affidavits, and discovery materials, it appears there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law
  • If the moving party submits an affidavit in support of the motion for summary judgment the non-moving party must counter that affidavit with his own evidence from affidavits, discovery, etc., on the matter
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12
Q

Claim Preclusion

A
  • “Some People Just make Stupid Claims” = Same Party, Judgment on the Merits, Same Claim
  • (i) there must have been a valid, final judgment on the merits
  • (ii) both parties must be the same (or be in privity with a party in the prior suit), and
  • (iii) the new action must involve the same cause of action (i.e., must arise out of the same transaction or occurrence)
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13
Q

Issue Preclusion

A
  • “SAFE” = Same issue, Actually litigated, Final judgment, Essential to prior judgment
  • For issue preclusion to apply:
  • (i) the issues in both actions must be the same, (ii) there must have been a final judgment as to that issue,
  • (iii) the party against whom collateral estoppel is asserted must have had a fair opportunity to be heard on the matter, and
  • (iv) the posture of the case must be such that it would not be unfair or inequitable to apply collateral estoppel
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14
Q

Renewed JMOL

A
  • Under the federal rules, a JMOL must be made at some point during the trial in order to move for a renewed JMOL
  • A party is limited to the grounds raised in the initial JMOL, OR a party is unable to “renew” an objection that was not raised in the initial motion, as there would be no objected to renew
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15
Q

Substance of renewed JMOL

A
  • To grant a motion for JMOL or a renewed motion for JMOL, the court must find that a reasonable jury would not have a legally sufficient basis to find for the party on the issue
  • The court must view the evidence in a light most favorable to the nonmoving party and without considering the credibility of witnesses
  • High hurdle for taking a case away from jury
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16
Q

New Trial

A
  • A new trial may be granted because of some serious error that occurred during the trial (for example, an error in the admission of evidence, error in instructing the jury, the verdict is excessive, etc.)
  • In theory, a new trial could be granted if the jury’s verdict is against the weight of the evidence, but the judge may not replace the jury verdict with the verdict he would have reached, so it must be a serious error in the judgment
17
Q

Discovery

A
  • Generally, discovery may be had of any matter not privileged that is relevant to the claim or defense of any party, including the identity of persons having knowledge of relevant facts
  • The costs of discovery and the needs of the case also will be considered
18
Q

Work Product

A
  • Work product of lawyers and others prepared in anticipation of litigation is discover- able only on a showing of substantial need and to avoid undue hardship in obtaining the material from other sources
  • Personnel files might have to be looked at in camera to determine the relevant portions of file
19
Q

Removal Jurisdiction

A
  • A defendant in a state court case may remove that case to federal court if it could have been filed originally in federal court
  • Must be within 30 days of formal receipt of complaint
  • All defendants must join in the removal

How to file:

  • First step is to file a notice with the federal district court and division in which the action is pending
  • Copies of the notice must be sent to the opposing parties and to the state court
    • Notice must contain the grounds for removal
  • If the ground for removal is that diversity exists, the action cannot be removed from state court after one year has passed since its filing unless bad faith by the plaintiff can be shown
20
Q

Venue

A
  • Venue is proper in any district where
    • Any defendant resides (if all defendants are residents of the forum state)
    • a substantial portion of the claim occurred
    • a substantial portion of the property is located; OR
    • if none above, where any defendant is subject to the court’s PJ
  • These rules apply do not apply if the case was removed from state to federal court. For removed cases venue is in the federal district embracing the state court where the action was filed.
21
Q

Transfer of Venue

A
  • New fed court must be proper and have PJ over defendant
  • Transfer from proper venue:
    • If the original district is a proper venue the court can order transfer based on convenience of parties and interest of justice (burden is on person seeking transfer)
    • When diversity case is filed in a proper venue but the court transfers, new court must apply the choice of law rules of old court (unless valid forum selection clause)
  • Original Venue is improper:
    • If the original district is improper the court may transfer in the interest of justice or dismiss
    • New court applies its own choice of law rules
22
Q

Permissive Joinder

A
  • Parties may be (permissively) joined as plaintiffs or be joined as defendants whenever:
    • (I) same claim is made by each plaintiff and against each defendant relating to or arising out of the same transaction or occurrence
    • (ii) a common question of law or fact exists; AND
    • SMJ is present for each claim
23
Q

Appeals (Judgment on Pleadings)

A
  • Ordinarily a final order is appealable
    • A final order is one that disposes of the whole case (I.e., all claims and all parties) on the merits.
  • Under the Federal Rules, when multiple claims or multiple parties are involved in an action, the court may enter a final judgment as to fewer than all of the claims or parties on
    • (i) an express determination that there is no just reason for delay, and
    • (ii) an express direction for the entry of judgment
  • Unless the trial judge makes the express determination, the order determining the merits of fewer than all of the claims or dismissing fewer than all of the parties is not a final judgment and is not appealable
24
Q

Class Action Certification

A

A person is allowed to sue on behalf of the a class when there is

  • (1) Numerosity - class is so numerous that joinder is impracticable
  • (2) Commonality - questions of law or fact are common to the class
  • (3) Typicality - the claims/defenses of representative parties are typical of the class; AND
  • (4) Adequacy of Representation - the representative parties will fairly and adequately protect the interests of the class

If these requirements are met then the class will be certified if one of these three are met:

  • (a) inconsistent dispositive adjudications - separate actions would create a risk of inconsistent adjudications or harm the interests of absent class members
  • (b) declaratory injunctive relief - the party opposing the class as acted.refused to act on the grounds that apply generally to the class so that the grounds for declaratory/injunctive relief are appropriate to the whole class; OR
  • (c) Predominance & Superiority - common questions of law or fact are predominant and a class action is superior to the other methods
25
Q

TRO

A
26
Q

Preliminary Injunction

A
  • Preliminary injunction is equitable relief with the objective of preserving the status quo
    • If granted, the matter must be tried within 6 months unless the parties stipulate or good cause is shown
  • “HELP”
    • (1) Harm: the significant of the threat of irreparable harm to the plaintiff if injunction 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 prevaeiling: the porbability that the plaintiff will succeed on the merits; AND
    • (4) Public interest
27
Q

Erie Doctrine

A
  • Step (1) Ask: Is there some federal law (e.g., fed statute, fed rule of civ pro or evidence, or const.)? If so, apply the federal law, as long as it is valid - supremacy clause
  • Step (2) If there is no fed law on point, the federal judge must apply state law if the issue to be decided is “substantive”
    • Choice of law Rules
    • Elements of a claim or defense
    • Statutes of limitations
    • Rules for tolling statutes of limitations
    • The standard for granting a new trial because Jurys damages award was excessive or inadequate
  • Step (3): if no fed law on point and not one of 5 substantive law above then law is unclear and comes down to balancing interests
28
Q

Where defendant’s reside for venue purposes

A
  • Human resides in federal district where she is domiciled
  • Business resides in all districts where it is subject to PJ

Bar Exam - Home Made (2 decks)

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