Civ Pro Flashcards
“Arising under” jurisdiction, a.k.a. “Federal Question” jurisdiction is found in a ____
CAT:
C – The U.S. CONSTITUTION
A – ACTS of Congress, or
T – TREATIES
SCRAM if you don’t have a justiciable claim:
SCRAM S – STANDING C – CASE or controversy R – RIPENESS A – ABSTENTION M – MOOTNESS
In diversity jurisdiction or supplemental jurisdiction cases, federal courts adopt state procedural law and not Fed R. Civ Pro or Fed R. Evid except state law is applied by federal courts to _____
SIP3: S – STATUTE of limitations I – INCOMPETENCY of witnesses P – PRIVILEGES P – PRESUMPTIONS and inferences P – PROCEDURAL jurisdiction over a defendant
Look at ____ to see the exceptions for the mootness doctrine:
VCR
V – A VOLUNTARY change in position, but not permanently
C – CLASS action
R – Capable of REPETITION doctrine
____ has the key to the door of the Federal Court house:
SAD-J S – SUPPLEMENTAL jurisdiction A – ARISING under jurisdiction, a/k/a a federal question (CAT) D – DIVIERSITY jurisdiction J – JUSTICIABILE claims
The discretionary reasons a federal court would decline supplemental jurisdiction to hear a state claim related to the pending federal claim are _____
COP:
C – The state claim presents COMPLEX or novel issues;
O – The court dismissed the claim on which it had subject matter jurisdiction ON THE merits; or
P – Where state claims PREDOMINATE over the federal claim
To remove a nonfederal claim from state to federal court based on diversity jurisdiction, defendant must be shown to be a _____
STUD2:
S – The claim exceeds SEVENTY-FIVE THOUSAND DOLLARS
T – The petition attachments are filed with the federal court within THIRTY DAYS
of receiving a document indicating the claim is removable,
U – Under the rule of UNANIMITY, all defendants must sign the removal petition,
D – No defendant can be DOMICILED in the removal state, and
D – There is complete DIVERSITY of citizen between plaintiffs and defendants
To obtain valid procedural jurisdiction, the 14th Amendment Due Process Clause requires that the defendant must have ____
MOP:
M – Some MINIMUM contact with the forum state
O – An OPPORTUNITY to be heard in the suit
P – Been PROPERLY served with process
For the court to find sufficient minimum contacts over a defendant, the defendant must _____
CHILI:
C – D CONSENTS to jurisdiction in the forum state;
H – The state where a corporation or individual is at HOME, e.g. its corporate
headquarters is in that state or where an individual is domiciled;
I – The state where a corporate defendant was INCORPORATED;
L – D is a non-domiciliary but the court has LONG-ARM jurisdiction; or
I – D is a non-domiciliary served IN-STATE
A corporation is subject to general jurisdiction in a state that can say ____ to that corporation:
HI
H – The state where its corporate HEADQUARTERS (its “nerve center) is located; or
I – In its state of INCORPORATION
Longarm jurisdiction, a/k/a “specific jurisdiction,” arises from a _____ in that state:
RIOT
R – The defendant owns, uses, or possesses REALTY in the state
I – The defendant’s tortious conduct occurred IN THAT STATE causing the plaintiff’s
personal injury, property damage, or economic injury
O – The defendant’s tortious conduct occurred OUTSIDE the state, causing injury in the
state where the plaintiff’s claim was commenced, but the defendant must have
“targeted” that state
T – The defendant TRANSACTED BUSINESS in that state
There must also exist some other ____ conduct involving an interstate or international defective product causing injury within a state:
3-S
S – SOLICIATION of business in the state
S – SERVICES performed in the state
S – SALES consummated in the state, i.e., did the defendant “target” the state
In a federal forum non conveniens motion, the issue is whether the case should be tried ____ or in another forum:
HERE H – HARDSHIP on D and the courts E – Location of EVIDENCE R – RESIDENCE of parties E – Location of EVENT
In a federal court, even if a defendant has no minimum contacts with the state a defendant may nevertheless consent to jurisdiction by _____
SAM:
S – STIPULATING to jurisdiction in open court, or in an earlier signed writing,
pleading, contract, or letter
A – Serving an ANSWER, but failing to include a MOP objection as an affirmative
defense, unless the defendant corrects the omission and amends the answer within 21
days “as of course”. Rule 12(h)(1)(B)(ii).
M – Making any MOTION TO DISMISS prior to service of the D’s answer and failing
to include the MOP jurisdictional objection and in that motion, otherwise that objection is waived
Under the federal rules, a defendant must timely raise ___ in a motion to dismiss, if such a motion is made. If not, raise it in the answer, or ____ is waived:
VIP
V – Improper VENUE
I – INSUFFICIENT service or process
P – Lack of PERSONAL jurisdiction. Rule 12(h)(1)
____ can serve a subpoena or a summons process: An _____ Rule
4(c)(2).
AN
Adult Nonparty
_____ is proper service in federal courts under Fed Rule 4
SWAPS
S – Leaving process at the defendant’s dwelling place or usual place of abode with a
SAD person of “suitable” age and discretion who resides there,
W – Where a defendant agrees in writing to WAIVE formal service of process,
A – Delivering process to an AGENT authorized by law or by appointment to receive it,
or
P – Delivering it PERSONALLY to the defendant
S – Service according to the STATE LAW where the federal court sits or the state where
the service was made
Service on a corporation must be made on a ____ person:
GO A.M. G – GENERAL AGENT. Rule 4(h); O – OFFICER (President, VP, etc.); A. – AUTHORIZED AGENT TO RECEIVE PROCESS, (expressly, impliedly or by estoppel); M. – MANAGING AGENT
There are just three ways for a defendant to formally “appear” in a federal court an action ___:
MAN
M – By making any pre-answer MOTION, which extends the D’s time to answer
A – By serving an ANSWER to P’s complaint
N – By serving a NOTICE of appearance (“entry of appearance”)
A federal court default judgment may be vacated under Rule 60(b) based on ____
AMEN:
AM – AFFIDAVIT OF MERIT of the D’s viable defense
EN – EXCUSABLE NEGLECT
To get personal jurisdiction over a nondomicile dad for child support and alimony under the Uniform Interstate Support Act, call _____
DADA:
D – The forum state was the parties recent DOMICILE
A – The defendant ABANDONDED the plaintiff in the forum state
D – The claim for support arose from that forum’s prior support DECREE or it arose under the forum state’s law
A – The parties executed a Separation AGREEMENT in the forum state
If the applicable SOL has expired, then the P should consider tolling and extending provisions – ____
CAD’S LEAP:
C – Time-barred, related COUNTER-CLAIM (Federal Rules also)
A – AMENDING a pleading to add a time-barred claim
D – DISABILITY of the P
S – SOLDIERS and Sailors Civil Relief Act
L – The parties LENGTHENED the SOL
E – EQUITABLE estoppel
A – Written ACKNOWLEDGEMENT of an old debt (Federal Rules also)
P – PART-PAYMENT of an old debt
Parties united in interest frequently involve the vicarious liability of ____ parties:
POPE
P – PARTNERS who are jointly and severally liable for each other’s torts committed
in the scope of the partnership
O – OWNER and driver of a motor vehicle used with the owner’s permission, except
when the owner leases the motor vehicle to the driver, in which case vicarious liability is not imputed to the lessor. Vicarious liability is also imputed onto the joint owners of realty (TICs, JTs, and TEs).
P – PRINCIPAL and agent
E – EMPLOYER and employee, under the doctrine of respondeat superio
Amending a federal pleading to add a time-barred related claim can be done with an ___
ANT:
A – It AROSE out of the same facts pleaded in the original complaint
N – The original pleading gave NOTICE of the new claim
T – The new claim was TIMELY when the original pleading was filed with the clerk of the federal court.
