Civil Procedure Flashcards
(14 cards)
Under rule 23(a) what are the 4 requirements for representative members of a class to sue or be sued on behalf of all members of the class?
CANT!
C - commonality: there must be questions of law and fact that are common to the class.
A - adequacy: representatives must fairly and adequately protect the interests of the class.
N - numerosity: class must be so numerous that joinder of all members is impracticable.
T - typicality: claims or defenses of representatives must be typical of the class.
For class actions, when is diversity of citizenship satisfied?
It will be satisfied if the class representatives are diverse from the party or parties opposing the claim. When at least 1 representative plaintiff of a putative class action has a claim that meets the statutory jurisdictional amount (generally it must exceed $75,000), other persons without claims that do not meet the jurisdictional amount can still be made part of the class under supplemental jurisdiction.
Under CAFA when will SMJ be met?
If:
(1) at least 100 members of the class
(2) primary defendants are not states, state officials, or other gov entitles against whom the district court may be foreclosed from ordering relief
(3) action doesn’t involve certain securities - related cases or litigation concerning the internal affairs or governance of a corporation
(4) the aggregate amount in controversy exceeds the sum or value of $5,000,000, exclusive of interest and costs; &
(5) minimum diversity: any member of a class of plaintiff is from a different state than any defendant.
When is dismissal without prejudice?
When the plaintiff is permitted to sue the defendant on the same claim in the future.
Action at law v action in equity
action at law = action for damaged –> is usually tried by jury
action in equity = action for injunctive relief –> not tried by jury.
What is remittitur?
a request to reduce a jury award of excessive damages
What is the home court advantage rule?
prohibits removal from state to federal court when (1) the federal court’s SMJ arises from diversity jurisdiction & (2) a defendant is a citizen of the state where the case is filed.
What happens if you don’t assert the defense of lack of PJ in a pre-answer motion or an answer (whichever is first)?
The defense is waived
When does specific PJ exist?
When (1) the plaintiff’s claim arises from the defendant’s minimum contacts with the forum state & (2) the exercise of jurisdiction would comply with notions of fair play and substantial justice.
Must a plaintiff provide proof of service of process to the court when service was properly made in the US and not waived by the defendant?
Yes, but failure to prove service of process does not affect the validity of the service.
When is venue proper?
Venue is proper in any federal district where (1) any defendant resides, as long as all defendants reside in the same state, (2) a substantial part of the events occurred or substantial part of the property is located, or (3) any D is subject to the court’s PJ (if the first two provisions do not apply).
When must an answer include?
(1) admissions and denials, (2) motions that have not been waived, (3) affirmative defenses, and (4) compulsory counterclaims…otherwise these items will be waived.
When considering a motion to dismiss for failure to state c alum, the court must…
(1) treat all well-pleaded facts in the complaint as true & (2) view the evidence and draw all reasonable inferences in the light most favorable to the nonmovant.
When considering a motion for JMOL, the court must…
(1) view the evidence and draw all reasonable inferences in favor of the nonmovant, (2) disregard any evidence favorable to the movant that the jury need not believe, and (3) not consider the credibility of witnesses or the weight of evidence.
