Civil Procedure Flashcards
(24 cards)
Rejection of supplemental jurisdiction
1) raises complex claims or predominate the lawsuit
2) federal claims are dismissed
3) there are compelling reasons
Removal factors
No D is a citizen of the state in which the claim was originally filed
Motion within 30 days of receiving complaint
All D join in or consent
Due process requirements for jurisdiction
Minimum contacts
Fairness
Fair play and substantial justice
Interest of the forum in adjudicating the matter
Burden on D
Interest of judicial system in efficient resolution
Shared interests of the states in promoting common social policies
Venue
Federal district in which any D resides if all Ds reside in the state where the district is located OR
Where a substantial part of the events or omissions occurred or where the property is OR
If neither- in a judicial district where any D is subject to pj
Substantive under Erie
State law that alters calculation of damages
State law regarding SOL
State law creating evidentiary privileges
Preliminary injunction requirements
1) likely to succeed on merits
2) likely to suffer irreparable harm
3) balancing the equities favors granting
4) injunction is the best interest of public
Adding a new defendant permitted if
Claim arose out of the same conduct, transaction, or occurrence
New D received notice of the action within 90 days of the original complaint
New D knew or should have know that but for a mistake he would have been part of the original complaint
Rule 11 filing
Party submitting certifies that the documents are filed in good faith
If challenged, must withdraw or revise document
May be subject to sanctions
Compulsory joinder
1) necessary party
2) pj over the new party
3) SMJ
Necessary party
1) court cannot afford complete relief without
2) danger that the party would be harmed without joining
3) risk of inconsistent judgement or double jeopardy
Discovery scope
Any non-privileged matter that is relevant to a claim or defense
Summary judgement motion
No genuine dispute as to any material fact
Right to jury trial
Right to jury trial when damages exceed $20
Must demand within 14 days after service of last pleading
Res judicata
1) same P and D
2) valid final judgement on the merits
3) Same claims
Collateral estoppel
1) same issue
2) final valid judgement on the merits
3) issue was essential to judgement
4) party against whom preclusion is asserted was a party in the prior lawsuit
Right to intervene
1) nonparty has an interest in the subject matter
2) disposition of the action may impair the nonparties interests
3) the non parties interest is not adequately represented by existing parties
When is a subpoena valid and enforceable?
1) it contains the contents required by the federal rules
2) is signed by the court clerk or an attorney authorized to practice law where the action is pending
3) is properly served
Interpleader
Used when multiple persons claim an interest in the same property to join the claimants to litigate among themselves
Rule interpleader
Requires (1) involves a federal question or (2) diversity jxn
Statutory interpleader
Amount in controversy less than $500 and minimal diversity exists
Requirements for a clerk to enter default judgement
1) claim is for a sum certain
2) request include an affidavit establishing amount due
3) defaulting party failed to appear
4) defaulting part is not legally incompetent or a minor
Abuse of discretion
District court discretionary decisions
Unreasonable or arbitrary
De novo
District courts conclusion of law
Misinterpreted or misstated the law
