Civil Procedure Flashcards
(54 cards)
Subject matter jurisdiction
A court’s competence to hear and determine cases of general class and subject to which proceedings in question belong
A federal court with SMJ is required to adjudicate a controversy despite the pendency of a similar action in a state court
- Can only abstain under limited circumstances, such as when the state law claim on a state issue would eliminate the need for the federal court to decide a federal constitutional issue or they are parallel proceedings
Federal question jurisdiction
District courts have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of U.S.
Diversity jurisdiction
Federal courts have jurisdiction when parties are citizens of different states or citizens of state and foreign state and amount in controversy exceeds $75,000
- Need complete diversity – no P may be citizen of the same state as any D
- Citizenship – for individual, domicile; for corporations, state of incorporation and principal place of business (nerve center)
- AIC – good-faith assertion is sufficient unless there is legal certainty that P cannot recover alleged amount
- Aggregation of claims – for Ps with common/undivided interest
- Permissive counterclaims need to meet AIC but compulsory counterclaims do not
Supplemental jurisdiction
Federal court may exercise SJ over additional claims which court would not independently have SMJ but that arise out of “common nucleus of operative fact”
- For permissive joinder, only need to satisfy CD, not AIC
- For counterclaims, permissive must satisfy both DJ requirements but compulsory must only satisfy CD
- For cross-claims, need to arise out of same transaction or occurrence; do not need to satisfy DJ requirements
Removal jurisdiction
D may generally remove case from state court to federal district court having SMJ
- Determined by pleadings when petition to remove is filed; diversity must exist at time of filing of original action and time notice of removal is filed
- If removal based solely on DJ, may only be removed if no D is citizen of state in which state-court action was filed
- If FQ claims are joined with claims that aren’t independently removable, entire case may be removed
- D must file notice within 30 days after receipt by or service on D of initial pleading
Personal jurisdiction – bases for in personam
- Voluntary – appearance alone does not waive the right to object to PJ
- Domicile – person domiciled in state
- Consent – can be express, implied, or voluntary through appearance in court (unless to object to JX)
- Long-arm statute – nonresidents who engage in some activity in state or cause some action to occur within state to extent permissible under DP Clause
Personal jurisdiction – DP requirements
D must have minimum contacts + must comport with notions of fair play and substantial justice
- Minimum contacts – purposeful availment of forum state (such that D should reasonably foresee being taken to court there)
a. Specific jurisdiction – cause of action arises out of D’s contact with forum
b. General jurisdiction – CoA does not arise out of D’s contact with forum; usually only when “at home” in forum state - Fair play/substantial justice – factors such as forum state’s interest in adjudicating, burden on D of appearing
Venue
Venue proper in federal judicial district where
- Any D resides in state where all Ds reside;
- Substantial part of events/omission occurred; or
- Property that is subject to action is located.
- Otherwise, where any D subject to PJ
IL DIS: venue proper in county where
- Any D joined in good faith resides; or
- CoA arose.
- Otherwise, any county if all Ds are nonresidents
Change of venue
- Original venue proper
- DJ – apply law from transferor court
- FQ – apply law from own court of appeals - Original venue improper
- DJ – apply law of transferee court
- FQ – apply law from own court of appeals
Forum non conveniens
Only used when forum that is deemed most appropriate for action is foreign court
Choice of law (Erie Doctrine)
- FQ – federal substantive and procedural law controls
- DJ – state substantial and federal procedural law controls
- Unclear whether substantive or procedure
1. Valid federal statue on point when state/federal conflict - Apply federal law
- Before applying FR, ask if it abridges, enlarges, or modifies any substantive right
a. If no, apply FR
b. If yes, only apply FR if it incidentally affects litigant’s substantive rights
2. No federal law on point – apply state law if failure to do so would lead to different outcomes - Substantive law – elements of claim/defense, SoL and tolling provisions, burden of proof
- Procedural – judge/jury allocation, assessment of attorney’s fees, equitable/legal determination
- State conflict-of-law rules – federal courts must apply
Service of process
Timing – 90 days after filing of complaint
Methods – individual
- PERSONAL,
- At D’s place of abode with person of suitable age/discretion, or
- Delivering to D’s agent
Method – corporation
1. To officer or agent, or by following state law
IL DIS: leave copy of summons with county clerk or other corresponding officer or agent
Waiver – extends time to serve answer from 21 to 60 days
- Must give D at least 30 days after request sent to return
Temporary restraining order
- Effective for limited time (generally no longer than 14 days)
- May be issued without notice to adverse party if immediate and irreparable injury will result
Preliminary injunction
Issued prior to full hearing on merits upon notice to D; P must show
- Clearly ascertainable right that needs protection
- Likely to suffer irreparable harm
- Likely to succeed on the merits
- No adequate remedy at law
ALSO, balance of hardships (benefit to P greatly outweighs burden to D) and in public interest
Permanent injunction
- Continues until dissolved by the court
- Same standard as PI but must show actual success on merits
Complaint
Short/plain statement of court’s SMJ, P’s entitlement to relief, and demand for judgment (notice pleading)
IL DIS: fact pleading – must allege all material, operative facts that make up the CoA and contain specific prayers for relief
IL DIS: to review administrative decisions, complaint must be filed with 35 days of receiving the decision and name the head of agency or agency itself as D
Rule 12(b) motion to dismiss
- Lack of SMJ (can be raised at any time)
- Lack of PJ, improper venue, insufficient process or service (must be raised in pre-answer motion or answer, otherwise waived)
IL DIS:
- § 2-615 motion with respect to pleadings must be raised in single motion and request specific relief (e.g., stricken for insufficiency or immateriality, dismissal, more definite, necessary party be joined, misjoined party dismissed)
- §2-619 motion for involuntary dismissal based on defects or defenses must be brought within time for pleading; cannot be filed after answering but defenses that can be raised can be done in an alternative manner (e.g., SMJ, barred by SoL or another judgment)
Rule 12(b)(6) motion to dismiss
Claim will be dismissed if it fails to assert legal theory of recovery cognizable at law or allege facts sufficient to support cognizable claim
- Must raise right to relief above speculation, assuming that allegations in complaint are true
- Court can consider only allegations and attached exhibits in complaint
Motion for judgment on pleadings (Rule 12(c))
Court can dispose of case when material facts are not in dispute and judgment on merits can be achieved based on pleadings
Motion for more definite statement
Claim for relief is so vague or ambiguous that party cannot reasonably draft responsive pleading
Motion to strike
When pleading contains insufficient defense or redundant, immaterial, impertinent, or scandalous matter, court may order such defense or material stricken
Answer
D must admit/deny P’s allegations or plead lack of sufficient knowledge
- General denial is OK as long as D, in good faith, intends to deny all allegations
- Affirmative defenses must be stated or they are deemed waived
- Must be filed with 21 days after service of complaint (or 60 days if waiver of service)
- If file motion to dismiss, must file within 14 days of notice of court’s action
IL DIS: general denial is NOT OK; generally, must deny every well-pleaded factual allegation except as to damages
Reply
Must be within 21 days after being served with order to reply
Amendment
Party may amendment pleading once as of right within 21 days if no responsive pleading required or after being served with answer or 12(b) motion
- Court should freely give leave to amend when justice so requires and will not result in undue prejudice to opposing party
IL DIS: allows amendment on “just and reasonable terms” at any time before final judgment
Relation back
New claim – relates back to date of original pleading if amendment asserts claim/defense that arose out of same conduct, transaction, or occurrence as original pleading
IL DIS: SoL or K time limit does not bar new claim if limitation had not expired before original claim and claim arose out of the same transaction or occurrence
New party – same standard +
- New party receives notice of action within 90 days after original complaint
- D knew or should have known about action but for mistaken concerning proper party’s identity
