Civil Procedure Flashcards
(81 cards)
Subject Matter Jurisdiction (SMJ)
The federal courts can hear cases involving federal questions (laws or treaties of the United States) or where there is:
- complete diversity between the plaintiff(s) and defendant(s) and
- the amount in controversy exceeds $75,000.
SMJ - Complete Diversity
Complete Diversity exists when the plaintiff(s) and defendant(s) are:
- Citizens of different states or foreign nations.
- For a corporation, citizenship is determined by the corporate Principal Place of Business and any state in which incorporated.
- Partnerships are citizens of the domicile state of every partner.
SMJ - Amount In Controversy (AIC)
The Amount in Controversy must exceed $75,000.00. To meet this, the plaintiff can:
-
Aggregate claims to meet the amount if there is one plaintiff and one defendant, or if there are joint tortfeasor defendants, or if there are two plaintiffs with a common undivided interest.
- If award is less than $75,000, the federal court will not enforce payment of the defendant’s litigation costs so long as the plaintiff acted in good faith in determining the amount.
- Use the value of an Injunctive Relief as the basis of the AIC.
SMJ - Supplemental Jurisdiction
If a federal court has subject matter jurisdiction over a claim, then it may exercise supplemental jurisdiction over additional state claims when they arise from a common nucleus of operative facts.
Supplemental jurisdiction does not require amount in controversy or diversity, and if not used solely to defeat diversity and the common nucleus requirement, then it will likely be granted.
California Subject Matter Jurisdiction
Civil court cases are categorized depending on how much money is at controversy.
- Limited Civil Cases: AIC of $25k or less. Restrictions on equitable, declaratory relief.
- Unlimited Civil Cases: AIC of over $25K, no other limits.
- Small Claims Cases: $10K or less, or for a business, $5K or less.
Removal
Defendants may remove a case to Federal Court so long as the court has SMJ.
Must file the removal motion within 30 days - 1 year of receiving the initial pleading.
Remand
A federal court MUST remand a case to state court if there is no federal SMJ.
A federal court MAY remand a case that originally had SMJ once the federal claims have been decided.
A motion to remand must be filed within 30 days of a request for removal.
Personal Jurisdiction (PJ)
PJ is the power of a court to have jurisdiction over an individual or entity. The exercise of PJ must meet the requirements of Due Process.
PJ - Traditional Basis of Due Process
Traditionally, PJ could only be exercised if the defendant:
- Consented to suit in the forum state, or
- Waiver through failure by the defendant properly to raise the objection to personal jurisdiction:
- “General appearance” in state court, if the defendant defends himself on the merits of the action. In a “Special appearance”, the defendant must strictly limit his objections to jurisdictional issues.
- In federal court, a defendant may waive an objection to personal jurisdiction by failure timely to assert it.
- Waiver through failure by the defendant properly to raise the objection to personal jurisdiction:
- Domiciled in the forum state, or
- Served with proper notice in the forum state.
PJ - Constitutional Limits/Long Arm Statute
If there is no traditional basis for the exercise of Personal jurisdiction, the court will next look to the state’s long-arm statute to determine whether the court has jurisdiction to reach out to another state, or country to exercise jdx over the defendant.
PJ - Constitutional Analysis/Minimum Contacts
To comport with due process, personal jurisdiction is only proper if the defendant has such minimum contacts with the forum state that the exercise of jdx comports with traditional notions of fair play and substantial justice.
Minimum contacts requires a showing of purposeful availment and foreseeability.
PJ - Minimum Contacts: Purposeful Availment
A party purposefully avails itself of the forum state if it has taken advantage of the benefits and protections of that state’s laws.
PJ - Minimum Contacts: Foreseeability
It is reasonably foreseeable that his activities in the forum state subject him to being haled into court there.
PJ - Minimum Contacts: Relatedness of the claim to the contact
The court will look at the quality and nature of the contacts. There is general jurisdiction if the defendant’s contact is so systematic and continuous that he is essentially at home in the forum.
There is specific jurisdiction if the contact is less than systematic and continuous, but the claim arises out of the defendant’s contact with the forum.
PJ - Minimum Contacts: Fairness Factors
The court will analyze whether exercising PJ over the defendant is fair. The factors assessed are:
- convenience of the parties in obtaining convenient relief,
- convenience of witnesses and evidence,
- burden of defendant to travel to forum state,
- state’s interest in regulating activity and protecting its citizens, and
- other interests such as interstate efficiency interest.
PJ - MNEMONIC
My Professor Frequently Reminded Everyone From California to Study in Overdrive.
- Minimum Contacts
- Purposeful Availment
- Foreseeability
- Relatedness between contact and claim
- Essentially at Home
- Fairness factors
- Convenience
- State’s Interest
- Other interests
Venue
Venue is proper where the claim arose or the defendant resides.
- Claim arose: in the district/county where the claim arose or where the land in dispute is located.
- Defendant resides: Any district/county where any defendants resides if all defendants are residents of the same state.
- Alternatively, if no district satisfies the venue requirement, venue is proper in any district where any defendant is subject to the court’s personal jurisdiction.
Transfer of Venue - Original Venue Proper
- Federal: Venue may be transferred to another federal court where the case could have been filed or all parties consent and there is proper personal jurisdiction, subject matter jurisdiction, and venue.
- California: The venue can be changed at the judge’s discretion where the interests of justice and convenience of the parties would be served by such a transfer.
Transfer of Venue: Original Venue Improper
-
Federal: Court must dismiss or in the interests of justice, transfer to a proper venue where the case could have been brought and there is personal jurisdiction, subject matter jurisdiction, and venue.
-
Improper venue can be waived by the parties and will be deemed waived in the absence of a timely objection.
- California: Allows for the transfer of venue to a proper county when the court designated in the complaint is not the proper court.
- Forum selection clauses in contracts are generally upheld.
-
Improper venue can be waived by the parties and will be deemed waived in the absence of a timely objection.
Forum Non Conveniens
- Federal: A court may dismiss or stay a case if there is a far more appropriate forum elsewhere, such as another state or country.
-
California: A court may dismiss or stay a case if another forum in another state or country is more suitable by looking at the interests of justice, including that the alternative forum is suitable and the private and public interest factors balance in favor of the alternative forum.
- Public Factors: What law applies, which community should be burdened with jury service; and
- Private Factors: Convenience, location of witnesses, evidence, etc.
Choice of Law - Rules Enabling Act / Supremacy Clause
Hanna - Rules Enabling Act/Supremacy Clause: The Fed Court will apply federal substantive law if there a Federal Rule/Statute on point.
Choice of Law - The Erie Doctrine Defined
If there is no Federal Rule/Statute on point, Discuss Erie Issue: A federal court sitting in diversity must apply state substantive law, including statutes of limitations and the state’s conflict of law rules, and federal procedural law. The goal is to prevent forum shopping.
If it is unclear whether a law is substantive or procedural, then the judge will typically employ one of these tests:
- Outcome Determinative Test (York): An issue is substantive if it substantially affects the outcome.
- Byrd (Balancing Test): The federal interest in having the federal law applied is balanced against the state interest in having the state law applied. If the state has a greater interest, the rule is substantive.
Choice of Law - The Erie Doctrine Application
If it is unclear whether a law is substantive or procedural, then the judge will typically employ one of these tests:
- Outcome Determinative Test (York): An issue is substantive if it substantially affects the outcome.
- Byrd (Balancing Test): The federal interest in having the federal law applied is balanced against the state interest in having the state law applied. If the state has a greater interest, the rule is substantive.
Pleadings - Complaint: Federal Court
Complaints in Fed Crt are called Notice Pleadings, which must contain:
- Identification of the parties.
- Statement of proper subject matter jurisdiction.
- Statement of claim showing factual basis on which plaintiff is entitled to relief. Notice pleading typically only requires stating enough facts to support a plausible claim, however fraud, mistake, and special damages must be pled with specificity.
- A demand for judgment.
- Signature of plaintiff and/or attorney.