Civ Pro Flashcards
(30 cards)
What are the types of SMJ? (Two Main)
Federal Question Jurdx. and Diversity Jurdx.
Federal Question Jurdx.
A federal court MUST have SMJ in order to decide cases before it. A federal court has SMJ under federal question jurdx. if the complaint alleges a claim that arises under federal law.
Well- Pleaded Complaint Rule
The federal question MUST be presented on the face of the P’s complaint. Raising a defense or filing a counterclaim under federal law does NOT trigger federal question Jurdx.
What are the elements of diversity jurdx? (Two)
(1) complete diversity (2) amount in controversy
Complete Diversity
C.D is present- every citizenship represented on the P’s side of the case must be different than EVERY citizenship represented on the D’s side of the case.
Amount in Controversy (amount AND rules about claims)
Exceeds $75,000
(a) a claim for injunctive relief may be valued by the benefit to the P or the cost of compliance for the D.
(b) One P can aggregate all of her claims against on D to meet AIC requirement. One P can also aggregate all of her claims against multiple D’s if the D’s are jointly liable.
(c) If there are multiple P’s; generally each P’s claim must meet the AIC requirement separately (except when supplemental jurdx. applies)
What matters does a federal court not have diversity jurdx. over?
Probate actions and domestic relation matters
Citizenship
The citizenship for reach party to the action must be considered in order to decide whether complete diversity is present. The rules for determining citizenship vary depending on the types of parties involved.
Citizenship- Individuals
For individuals, citizenship is determined by the individual’s state or country of dormice. (place of residence where the individual intends to remain indefinitely).
An individual can only have ONE domicile at a time.
Citizenship- Corporations
Corporations can hold dual citizenship for diversity purposes:
(1) the state or country of incorporation
AND
(2) the state or country of its principal place of business (usually where headquarters are)
Citizenship- Unincorporated Associations
Unincorporated Associations and partnerships (unions, trade associations, partnership, and limited partnership) are considered a citizen of every state of which its members are citizens.
Citizenship- Class Actions
For class actions, the citizenship of each named party in the class who are suing count for diversity purposes. Class members that are not named may join without regard to citizenship.
Supplemental Jurdx.
Supplemental Jurdx. allows a federal court with valid SMJ over a case to hear additional claims over which the court would NOT independently have jurdx. if ALL claims constitute the same case or controversy. Claims constitute the “same case or controversy” if they arise out of a common nucleus of operative fact (meaning all the claims arise out of the same transaction or occurrence.)
Supplemental Jurdx.- Federal Question Cases
A federal court sitting in federal question jurisdiction may hear a pendent state law claim under supplemental jurdx. if the state law claim arises out the same transaction or occurrence as the federal law claim.
Supplemental Jurdx.- Diversity Cases (names of 3 types)
Compulsory counterclaims, permissive counterclaims, and cross-claims.
Compulsory Counterclaims
A C.C is a counter claim that arises out of the same transaction or occurrence the original claim filed. A federal court sitting in diversity jurdx. has supplemental jurdx. over a compulsory claim.
Permissive Counterclaims
A P.C.C is a counterclaim that does NOT arise out of the same transaction or occurrence as the original claim filed. A permissive counter claim can only be heard if it independently satisfies diversity jurdx.
Cross-claims
A cross-claim is a claim filed by a P against another P or by a D against a co-D. A federal court sitting in diversity jurdx. has supplemental jury. over a cross-claim if the cross-claim arises out of the same transaction or occurrence as the original claim.
Removal
Removal allows the D to move a case from state court to federal court if the case could have been brought originally in federal court.
When/Who MUST removal be sought?
(1) By the D; AND
(2) Within 30 days of learning the grounds of removal
NOTE:
D cannot removed his case after one year from the commencement of the actions UNLESS P acted in bad faith to make the case non-removable
Removal- Federal Question Cases
The D may remove the case to federal court if the well-pleaded complaint discloses that the claim is based on federal law
Removal- Diversity Cases
The D may remove the case to federal court if:
(1) complete diversity is present
(2) Amount in controversy exceeds 75,000;
AND
(3) The action is brought in a state of which no D is a citizen
Personal Jurdx. (One sentence)
A court MUST have PJ in order to adjudicate the rights and liabilities of a D.
What are the names of the four traditional bases for PJ?
If any of the four “traditional bases” are satisfied the court will have PJ over the D:
(1) Domicile
(2) Physical presence
(3) Consent
(4) Waiver
