Civ Pro Flashcards
(45 cards)
Federal Question
All cases and controversies arises under the US Constitution
Well-pleaded Complaint
A rule in civil procedure stating that, in order for federal question jurisdiction to be granted, a plaintiff’s “well-pleaded complaint” must state that the defendant directly violated some provision of the Constitution or federal law.
Diversity Jurisdiction
The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between;
1) citizens of different States
2) citizens of a State and citizens or subjects of a foreign state
3) citizens of different States and in which citizens or subjects of a foreign state are additional parties
4) a foreign state
Where are corporations domiciled?
Corporations are domiciled where they are incorporated and principle place of business.
Supplemental Jurisdiction
A claim that arises from the same case or controversy as an anchor case with federal jurisdiction, may be filed in federal courts. However, Federal courts may decline supplemental jurisdiction if supplemental claims are dominant or involve novel state claims.
Removal
A defendant can remove a case from state court to federal court if:
1) That federal court would have otherwise had jurisdiction
2) Its the correct federal jurisdiction
3) Defendant provides notice to the court along with all documents
4) Defendant provides notice to all parties
5) Defendant is not in its home state
Personal Jurisdiction
State has jurisdiction over its own citizens, defendants who consent, defendants who are physically served inside the state’s borders.
Long Arm Statue
A party may fall under a state’s long arm statutes if:
1) Does case involve an activity covered by the statute
2) Are there minimum contacts
3) Does jurisdiction fall within traditional notions of fair play and justice
Specific Jurisdiction
Defendant’s activities have actual contacts with the forum state.
General Jurisdiction
The defendant holds itself out as at home in the forum state. ie. they have systematic and continuous contact
How may you serve process?
1) In person
2) by any rule of the forums state
3) by any rule of the state the party is a resident of
4) by mail to the parties home address
5) to an authorized party
What is an appropriate venue?
The appropriate venue is the correct geographic location for the case. It can be any place if every defendant resides in the same place. Any place that a defendant corporation would be subject to personal jurisdiction, any venue where significant events involved in the controversy took place, or any venue where the defendant is subject to personal jurisdiction.
When can a case be transfered to a Federal Court?
You may transfer to another federal court if that venue is:
1) convenient to the defendant
2) just and fair
3) would have had jurisdiction if the case had been originally brought there or
Complaint
identifies the specific issue and makes a plausible case for relief
Answer
Defendant must confirm or deny each allegation and raise any affirmative defenses.
Amendment
A plaintiff may amend their complaint within 21 days of filing it. You get 1 free amendment after which you may only amend with permission from the courts. It should be granted if justice demands.
When does an amendment ‘relate back’?
Amendments relate back if:
1) statute permits
2) adds a claim or defense that stems from the original pleading
3) the amendment only changes names
Joinder
Rule 20(a)(1): parties may join as a plaintiff if they assert any right jointly, severally, or relating to the same occurance or common question of law. May join as defendant if any claims are asserted against them.
Counterclaim
Rule 13: defendants may assert a claim against a plaintiff. If it is arises from the same case or controversy it must be asserted or the claim is lost.
Intervention
When a party claims an interest in an underlying property and resolution could effect their interest. A permissive intervention occurs if the intervention stems from the same occurance
Joinder
Rule 19: If a court cannot provide full relief without the addition of absent parties.
What are the requirements to form a Class Action?
Court will certify a class action under Rule 23(a) if:
1) the class is so numerous that joinder of all members is impracticable;
2) there are questions of law or fact common to the class;
3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and
4) the representative parties will fairly and adequately protect the interests of the class.
What are the types of Class Actions?
1) prosecuting separate actions by or against individual class members would create a risk of:
A) inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class; or
(B) adjudications with respect to individual class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests;
2) the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole; or
3) the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy.
Scheduling Order
Scheduling orders are issued as soon as practicable after a scheduling conference with the parties lawyers or after receiving discovery. Can be no later than 60 days after first appearance or 90 days after service of process. Once a scheduling order is issued, parties may no longer move for joinder, amendments, discovery, filing motions
