Civil Pro Flashcards
(49 cards)
Service of Process in Foreign Countries
Individuals and organizations in foreign countries can be served with process by any internationally agreed method of service that is reasonably calculated to give notice.
How to combine claims for a case involving a single plaintiff and single defendant?
To meet the required amount, a single plaintiff may aggregate (ie, combine) joined claims asserted against a single defendant. However, costs and interest are excluded from the amount-in-controversy calculation.
Request for Equitable Relief
In a diversity action, a request for equitable relief (i.e. declaratory judgment or injunction) satisfies the amount-in-controversy requirement if the value of the relief exceeds $75,000 based on its (1) cost to the defendant or (2) worth to the plaintiff—whichever is larger.
Service of Process on U.S. Government
When suing the United States, its agencies, or its employees, the plaintiff must serve process on (1) the U.S. attorney (or designated agent) for the district where the suit is filed or the civil-process clerk at the U.S. attorney’s office, (2) the U.S. Attorney General, and (3) any agency or officer whose official conduct is being challenged.
What happens if a Procedural error occurs?
If a procedural error occurs in the removal of a case from state to federal court, the federal court should remand the entire case.
Final Judgment Rule
Are automatically stayed for 30 days unless the court orders otherwise. However, this rule does not apply to orders 1) granting an injunction or receivership or 2) directing an accounting in a patent-infringement action. These orders can be enforced and executed immediately.
In Rem/ Quasi in Rem
Property located within the state can establish the minimum contacts necessary for personal jurisdiction if the property is related to the dispute. However, minimum contacts are not established if the property is unrelated to the plaintiff’s claim.
For example— a company sued a party and attached the house to satisfy judgment. The house cannot serve as the basis for minimum contacts if the suit is unrelated to the house.
Service of Process—notice
Notice, as required by due process, means that a defendant must be reasonably apprised of the pending suit and afforded an opportunity to present objections. So if the plaintiff knows the defendant did not receive notice through service of process, then the plaintiff must take additional reasonable steps to provide notice.
Waiver of Service Request
A plaintiff must send a written waiver-of-service request to the defendant via first-class mail or other reliable means. The waiver must state the name of the court and the date the request was sent. It also must contain a copy of the complaint, two copies of the waiver form, and a prepaid means to return the signed form.
Forum Non Conveniens
Under this doctrine, a federal court can dismiss or keep a lawsuit if a state or foreign jurisdiction is better suited to hear it. When making this decision, the court will examine several factors, including accessibility of evidence and witnesses.
Diverse Citizenship
Diverse citizenship exist when a suit is between 1) U.S. citizens domiciled in the U.S. and foreign citizens,
2) U.S. citizen domiciled in different states, where foreign citizens are additional parties, or
3) U.S. citizens and permanent residents domiciled in different states
Federal District Court remand
A federal district court can remand a case to state court even if it lacks subject-matter jurisdiction or procedural error in the removal. Remand orders cannot be appealed unless limited exceptions apply.
Diversity Jurisdiction & Class Actions under 100 individuals
Federal court has diversity jurisdiction over a class action when
1) the named parties are citizens of different states, and
2) the amount in controversy for any named plaintiff’s claim exceeds $75,000
Civil Forfeiture & In Rem
Civil forfeiture is an in rem action initiated by the government to seize property used in illegal activity. For in rem actions, minimum contacts almost always exist since these actions related to property located in the forum state.
Amount in Controversy calculations
Cost and interest are excluded from the amount-in-controversy calculation.
Home Court Advantage Rule
Prohibits removal from state to federal court when 1) the federal court’s subject matter jurisdiction arises from diversity jurisdiction and 2) a defendant is a citizen of the state where the case was filed.
Must be remanded back to state court
Permissive Counterclaim
It is a requirement that a federal court must have an independent basis of jurisdiction before hearing a permissive counterclaim because it is not from the same action or occurrence.
Subpoena U.S. citizens in a foreign country
Federal courts can subpoena U.S. citizens in a foreign country when their testimony is necessary in the interest of justice and impractical to obtain by other means. Such subpoenas are validly served when the serving party (1) uses a method of service allowed by the federal rules and (2) pays the citizen’s attendance and travel expenses.
Relation-Back Doctrine
The relation-back doctrine allows an amended pleading to assert a new claim after the statute of limitations has expired when (1) the applicable statute of limitations allows relation back or (2) the claim arises out of the same conduct or occurrence as the original pleading.
What must a class member do in class action?
A class member must opt out of a “common question” class action to pursue an individual suit involving the same claim. Otherwise, the class member is bound by any final judgment or court-approved settlement, compromise, or voluntary dismissal of the class action.
Can a court impose a monetary sanction?
A court cannot impose a monetary sanction on a party represented by an attorney for violating FRCP 11(b)(2). This provision requires that all claims, defenses, and legal contentions be warranted by existing law or by a nonfrivolous argument for revising or establishing law.
What happens when a person refuses to answer a question at a deposition?
When a deponent refuses to answer a question at a deposition, the questioning party may file a motion to compel a response.
When the deponent is a nonparty that motion must be filed in the district where the deposition occurred. But when the deponent is a party, the motion must be filed where the lawsuit is pending.
What Attorney-expert communication is not privileged?
All attorney-expert communications are privileged unless they
(1) relate to the expert’s compensation or
(2) identify facts, data, or assumptions provided by the attorney that the expert considered or relied on in forming his/her opinions.
Disclosure of Expert Witnesses
A party must disclose the identity of an expert witness expected to testify at trial and provide a written report or summary to the opposing party at least 90 days before trial.
