Civ Pro Flashcards
(54 cards)
What is required for a court to have personal jdx over a defendant?
Rule Statement
- authorized by statute and
- constitutional under due process
- PJ can be specific or general.
What is General Jurisdiction?
General Jdx is when:
* forum
* has PJ over the D
* for all causes of action
What is Specific Jurisdiction?
Specific Jdx is when:
* forum
* has PJ over D
* for the instant cause of action
How can a Defendant be subject to a court’s general jurisdiction?
D subject to General Jdx when:
* express or implied consents
* physically present in forum state when served
* D is a citizen
How can a Defendant be subject to a court’s specific jurisdiction? And when is exercise constitutional?
D subject to Specific jdx when:
* authorized by statute (usually long arm), and
* constitutional under due process.
Exercise is constitutional when:
* D has sufficient contacts with state by purposely availing himself to benefits of state and knew or reasonably anticipated being “haled into court”;
* the claim is related to the defendant’s contact w/ the forum
* exercising jdx over D would not offend “traditional notions of fair play and substantial justice”:
Factors as to whether it would be fair play:
* D be grossly disadvantaged?
* how strong is the P’s interest in this forum? Injured?
* State want citizens to be able to present in courtroom?
Three things required for court to hear case
- subject matter jdx;
- personal jdx;
- venue
D’s first response
If not asserted in the first response, these defenses are waived
- Lack of PJ;
- Improper process (documents);
- improper service of process;
- improper venue
Federal question jdx is present if
- plaintiff’s well-pleaded complaint sets forth a claim that arises under federal law
A defense/counterclaim relying on fed law = insufficient
A federal court can have SMJ through
and how is it checked
- a federal question or diversity of citizenship;
- court has duty look into it sua sponte or by party motion.
next, go into rule for each one
Determining an Individual’s Citizenship
and how do they get a new one?
Indv citizenship = their domicile
new domicile established = physical presence in a new place and intention to remain
Determining a Corporations Citizenship
every state where incorporated AND its one PPB
PPB = where high level officers direct and control corp’s *
Determining an Unincorporated Entity Citizenship
and LLC’s
any state in which its members are citizens
LLC’s too
Are the following Alienage JDX proper?
1. CA v. NY?
2. CA v. NV + UK?
3. UK v. France?
4. CA + UK v. France?
foreign citizen or subject who is not a U.S. citizen.
- Yes (Complete diversity).
- Yes (Diverse U.S. citizens + foreign citizen).
- No (Alien v. Alien not allowed).
- No (No complete diversity on one side).
Alienage Jdx? Who v. Who?
US Citizen v. foreign citizen
Citizenships in Class Actions
domiciles of named members
Amount in Controversey
Can plaintiff aggregate claims to meet AIC?
What can count toward AIC?
P1 v D1: P may add up all claims (even unrelated)
AIC = DOES include attys fees and costs that are recoverable by statute or as part of claim (NOT interests or costs from counterclaim)
To exercise Supplement JDX
and what are the restrictions
- arise from the same nucleus of operative fact
- as the original claim that invoked SMJ
court always has discretion to decline even if req met
Restrictions: P cannot get have supp jurisdiction over their state law cause of action if against a non-diverse party
ALWAYS do IRAC for SMJ of original claim first/same transaction or occurence test satisfies the common nucleus test
When can’t you remove a case?
- any D is a citizen of the forum where the case was originally filed (in-state D rule); or
- D trying to remove more than one year after filing, unless P acted in bad faith to prevent removal (one-year rule)
Proper Removal?
- could have been originally filed in federal court
- D must remove w/in 30 days of being served the document which puts him on notice of removalability
- All D’s must agree
- Removed to court where state court situated
*If the defendant waits more than 30 days after being served with the complaint or a removable document, the case cannot be removed.
What are P’s options after D files removal?
- P file motion for remand
- w/in 30 days if procedural error
- any time if court lacks SMJ
Claim perclusion (res judicata)
Is claim precluded?
- valid final judgment on the merits;
- same parties (or in privity);
- same cause of action (same transaction/occurrence).
Effect: Prevents re-litigation of same claim.
Call might say: “Give preclusive effect”
issue preclusion (collateral estoppel)
is issue precluded from being relitigated?
- same issue actually litigated;
- final judgment on that issue;
- party had fair opportunity to be heard;
- would not be unfair to apply.
Call might say: “Give preclusive effect” or “precluded from bringing”
What are the requirements for class certification?
- a large enough class (numerosity)
- shared question of law or fact (commonality)
- named plaintiffs claims must be typical of average class memeber (typicality)
- ability to fairly represent the class (adequacy of representation)
- identifiable class members (ascertainable)
Discovery
What materials are generally discoverable?
- Any relevant materials to any party’s claim or defense that is not privileged
