Civ Pro Flashcards
(29 cards)
Requirements for class action settlement, compromise, or voluntary dismissal
- Court provides reasonable notice of proposal to all class members
- Parties file statement identifying agreements made in connection with proposal
- Hearing & opportunity for members to object
- Court finding that proposal is fair, reasonable & adequate
Federal courts cannot exercise diversity jurisdiction over cases involving:
- probate matters (eg, authenticating wills, administering estates) or
- domestic relations (eg, issuing divorce, alimony, or child-custody decrees)
Additionally, Federal Rule of Civil Procedure 4(k) provides a special rule—the “100-mile bulge rule”—for federal courts to acquire personal jurisdiction over a party who is:
- added to the suit through impleader (i.e., third-party practice) or required joinder and
- served with process within 100 miles of the federal court where the suit is pending—even if the party is served in another state.
Venue is the geographic location of a federal district court where a case may be heard. Under the general venue statute, venue is proper in a judicial district where:
- any defendant resides—but only if all defendants reside in the same state
- a substantial portion of the events occurred or a substantial part of the property at issue is located or
- any defendant is subject to the court’s personal jurisdiction—but only if venue cannot be established under the above provisions.
When can a court poll the jurors individually after a verdict is returned? And what do the results dictate?
A court must on a party’s request, or may on its own initiative, poll the jurors individually after a verdict is returned but before the jury is discharged. If the poll reveals that the verdict is not unanimous, the court can direct the jury to deliberate further or order a new trial.
When can a court exercise supplemental jurisdiction over a claim that does not independently satisfy subject-matter jurisdiction requirements?
A court may exercise supplemental jurisdiction over a claim that does not independently satisfy subject-matter jurisdiction requirements when that claim shares a common nucleus of operative facts—i.e., arises out of the same transaction or occurrence—as a claim within the court’s original subject-matter jurisdiction.
How is citizenship for PJ determined and how is it changed?
Citizenship is based on where a person is domiciled—i.e., where the person is physically present and intends to reside indefinitely.
For purposes of diversity jurisdiction, citizenship is based on where a person is domiciled—i.e., where the person is physically present and intends to reside indefinitely and continues until definitively changed when a person (1) establishes a physical presence in a new place and (2) manifests an intent to reside there indefinitely.
How many members can be on the jury in a federal civil case?
In diversity actions, state law controls substantive issues and federal law controls procedural issues such as jury size. And under Federal Rule of Civil Procedure (FRCP) 48(a), a jury in federal civil cases must have at least 6 but no more than 12 members. Here, the defendant’s request to impanel 15 individuals exceeds this range, so the court should deny the request.
Choice of law (Eerie)
When a claim arises under federal-question jurisdiction, the court must apply federal law to procedural and substantive issues. But when a claim arises under diversity jurisdiction, the court must apply federal procedural law and state substantive law.
The federal court must then determine which state’s law governs the substantive issue by applying the choice-of-law rules of the state where the court sits.
General vs. specific jurisdiction for PJ
General jurisdiction – when the defendant has continuous and systematic contacts with the forum state that are so substantial that the defendant is essentially “at home” (e.g., where a company is incorporated)
Specific jurisdiction – when the plaintiff’s claim arises from the defendant’s minimum contacts with the forum state and the exercise of jurisdiction would comply with notions of fair play and substantial justice.
Procedural vs. Substantive for Eerie Choice of Law
Procedural:
- Filing deadlines
- Court rules & procedures
- Discovery practices
- Rules of evidence
Substantive:
- Elements of claim or defense
- Burdens of proof
- Statutes of limitations
When a claim arises under federal-question jurisdiction, the court must apply federal law to procedural and substantive issues. Under Federal Rule of Evidence 501, claims of privilege are generally governed by federal common law—i.e., rules of law created by federal courts in judicial decisions instead of by Congress in federal statutes or rules.
Preliminary Injunction
A preliminary injunction is a temporary court order that commands or prohibits certain actions while the case is pending before the court. This form of equitable relief is extraordinary and granted in limited circumstances since it is issued prior to a full hearing on the merits of the case. As a result, a federal court may grant a preliminary injunction only when it is established that: (1) the movant is likely to succeed on the merits, (2) the movant is likely to suffer irreparable harm in the absence of relief, (3) the balance of equities is in the movant’s favor, and (4) the injunction is in the best interests of the public.
Interrogatories
Definition – written questions served on another party
Limit – up to 25
Response – written responses due within 30 days of service
Federal Rule of Civil Procedure 37 allows a party to file a motion to compel a discovery response or disclosure. Interrogatories are one method of discovery in which a party serves written questions on another party that inquire about any matter within the scope of discovery. However, interrogatories may not be served on nonparties—even witnesses likely to testify at trial
Demand for Jury Trial Timeline
Under Federal Rule of Civil Procedure 38, a party may demand a jury trial on any triable issue—i.e., any legal claim where the amount in controversy exceeds $20—by:
serving the other parties with a written jury trial demand no later than 14 calendar days after the last pleading directed to that issue is served (here, the funeral home’s answer and
filing the jury trial demand with the court within a reasonable time after service of the demand.
Service of Process under State Procedural Rules
A plaintiff must provide the defendant with adequate notice of a lawsuit through service of process that complies with procedural rules and due process. In a state-court action, a defendant may be served by following the state’s rules of procedure (as seen here).
However, due process requires that service reasonably apprise the defendant of the pending suit so that the defendant may appear and present objections. This means that the plaintiff must notify the defendant of the lawsuit by the most reasonable means under the circumstances. If the defendant’s identity and address are known or obtainable through reasonable efforts, then notice through personal service or some other means likely to notify the defendant is required. If identity and address are unknown or unobtainable, service by publication is constitutional.
When can you conduct an oral deposition?
An oral deposition is a method of discovery in which the deposing party conducts an oral examination of another party or nonparty (deponent) under oath and outside of court. To compel the attendance and testimony of a nonparty deponent, the deposing party must serve the nonparty deponent with a subpoena.
The subpoena may be served and the deposition conducted without the court’s leave (i.e., permission) or the parties’ stipulation unless:
- the deposition exceeds the 10-deposition limit (which includes both oral and written depositions)
- the deposition is sought before the parties’ initial planning conference, or
- the deponent was already deposed in the action.
Class action Requirements
A class action is a suit filed by one or more named plaintiffs as class representatives on behalf of similarly harmed unnamed plaintiffs. All actions filed by a purported class representative require certification by the court at the earliest practical time. Plaintiffs seeking class action certification must establish—and the defendant can challenge certification on—all of the following prerequisites:
Numerosity – the class is so numerous that joining all the members as named plaintiffs is impracticable (usually met when there are over 40 members (note that this will need to be over100 if it’s brought under CAFA))
Commonality – the class shares common questions of law or fact
Typicality – the named plaintiffs’ claims are typical of the claims of the class
Adequacy – the named plaintiffs will fairly and adequately protect the interests of the class
Final judgment and Appeal
Under the final-judgment rule, a federal appellate court generally has no jurisdiction to hear an appeal until the district court has issued a final judgment—i.e., a decision that fully resolves the dispute on the merits. However, the interlocutory appeals statute allows certain orders to be appealed before the entry of a final judgment.
Compulsory Counterclaim
If a defendant has a claim against the plaintiff, then the defendant may state it as a counterclaim in the answer to the complaint. However, a counterclaim is compulsory and must be asserted in the defendant’s answer if it:
(1) arises from the same transaction or occurrence as the plaintiff’s claim(s) and
(2) does not require adding parties over whom the court cannot acquire jurisdiction.
Failure to do so generally results in the counterclaim being waived and barred from being raised in subsequent lawsuits. But when an action is dismissed before a defendant’s answer is filed, any counterclaims that would have been compulsory in an answer are not waived. That is because the defendant never had the opportunity to raise, and therefore could not waive, those counterclaims.
Class Action Fairness Act (Alternative Basis to establish jurisdiction for class action)
When subject-matter jurisdiction over a class action cannot be established through federal-question or diversity jurisdiction, the Class Action Fairness Act (CAFA) provides an alternate basis to establish jurisdiction. Under CAFA, subject-matter jurisdiction generally exists when:
- the class contains at least 100 members
- any class member is diverse from at least one defendant (ie, minimal diversity) and
- the amount in controversy exceeds $5 million when the members’ claims are aggregated.
However, CAFA does not apply when the primary defendants are states, state officials, or other government entities against whom the district court may be foreclosed from ordering relief. Nor does it apply to certain securities-related cases or litigation concerning the internal affairs or governance of a corporation.
Response to Complaint Timing
Under Federal Rule of Civil Procedure 15, a party may amend its original pleading (e.g., complaint) once as a matter of course (i.e., without the court’s permission). When this occurs, a response to the amended pleading (e.g., answer) generally must be made by the later of the following deadlines:
(1) The time remaining to respond to the original pleading—e.g., an answer is generally due within 21 days after service of process, or
(2) 14 days after the service of the amended pleading
However, the court may shorten or extend these deadlines, and the response must be made according to the court-ordered deadline.
How to preserve a jury-instruction error
To challenge a jury instruction on appeal, a party must preserve the issue at trial by timely objecting to the instruction on the record and stating the grounds for the objection. An objection is timely if it is made promptly after learning that a jury instruction has been or will be given OR that a request for a jury instruction has been refused.
Discovery Disclosures and Subpoenas
Discovery is the pretrial phase of a lawsuit during which the parties can use various methods to obtain nonprivileged information that is (1) relevant to any party’s claim or defense and (2) proportional to the needs of the case. To facilitate this process, parties are generally required to make initial disclosures of basic information about the case without a discovery request. This includes, among other things, all documents and items that the disclosing party possesses and may use to support a claim or defense. When a nonparty possesses a document or item that is relevant to a lawsuit, a party may issue a subpoena to compel the nonparty to produce the document or item
Subpoena ad testificandum: Written order compelling person to appear at trial or grand jury proceeding
Subpoena duces tecum: Written order compelling person to produce documents/evidence at trial or grand jury proceeding
Correcting a clerical error
A district court may correct a clerical mistake or a mistake arising from an oversight or omission in a judgment, order, or other part of the record. The court may do so on its own initiative (i.e., sua sponte) or pursuant to a party’s motion before an appeal from the judgment or order is docketed. But after an appeal is docketed, the district court can correct the mistake only with the appellate court’s leave (i.e., permission).
