Civil Procedure Flashcards
(37 cards)
Personal Jurisdiction
In order to establish pj, the exercise must be authorized by state statue and must be constitutional. A federal court must analyze pf as if they were the state court.
The state statue is usually authorized by long arm statute, but can be authorized by domicile, presence, or consent.
If the contacts are related to the cause of action, there must be specific jurisdiction, which allows pj for the instance cause of action. If the contacts are unrelated, there must be general jurisdiction which allows pj over the defendant for all cause of actions
Specific Jurisdiction
The DPC permits states to asset specific jurisdiction over nonresident defendants who have minimum contacts with the state such that exercise of pj would no offend the traditional notions of fair play and substantial justice.
In determining whether there are minimum contacts, the courts will look at purposeful availment and if was foreseeable.
General Jurisdiction
In order to be subject to general jurisdiction in the forum state, the defendant must be at home in the forum state.
Corporation “at home”
Is at home in the state of incorporation and the state where the corporations principal place of business.
Person “at home”
To be at home, the individual defendant must be domiciled in the state.
Subject Matter Jurisdiction
Is the power of a court to hear a certain type of case. Federal courts are subject to limited jurisdiction, that is, they can only hear certain type of cases.
Two main types of federal subject matter jurisdiction: federal question and diversity jurisdiction.
Federal Question
Federal courts have jurisdiction over a well-pleaded complaint arising under federal law. It cannot appear in the answer, further, the plaintiff cannot anticipate a federal defense in its complaint. .
Diversity Jurisdiction
Requires an amount of controversy of more than $75,000 and complete diversity. The plaintiff’s good faith allegation determined the amount in controversy.
Complete Diversity
Means that no plaintiff may share state citizenship with any defendant.
Domicile
Individual: citizen of the state in which they are domiciled.
Corporation: citizen of every state in which it is incorporated in and the one state which it has its principal place of business. PPB is from which the corporation’s high-level officers direct and control of the corporation’s activities.
Supplemental Jurisdiction
Allows a federal court to hear additional claims that do not, on their own, meet diversity or federal question jurisdiction.
Each claim must share a common nucleus of operative fact (CNOF) with an existing claim that invoked federal question or diversity jurisdiction.
Supplemental Jurisdiction in Diversity Cases
Cannot use to overcome diversity, however, can be used to overcome insufficient amount in controversy.
Removal
The defendant can remove a case originally filed in state court to federal court only if the court would have subject matter jurisdiction.
Only the defendant can remove, and all defendant have to agree to remove.
Can only remove to the federal district court embracing the state court in which the case was originally filed.
Timely Removal
The defendant must remove within 30 days of service of the first removable document.
Remand
If removal is improper, the court can remand to state court.
The plaintiff can also move to remand if it is based on improper procedure. If it is for lack of subject matter jurisdiction, the plaintiff can remove at any time.
Venue
Is proper where any defendant if all defendant reside in the same state; in a district where a substantial part of the events or omission giving rise to the claim occurred; or a substantial part of property that is subject to the action is situated.
Reside (Venue Purposes)
People: Domicile
Corporation: Any judicial district in which it is subject to PJ at the time the action is commenced. If no district exists, then wheee corporation has most significant contacts.
Non-Corp: All district in which it was subject to PJ when action is commenced.
Unincorporated: Location of association itself.
Transfer (Venue)
The federal court has authority to transfer a case to another federal district for the convenience of the parties and witnesses and in the interest of justice.
New forum must have SMJ and PJ.
Court will apply law of the transferor forum.
TRO
If irreparable harm will occur before a hearing on a preliminary injunction can be held, a party may seek a TRO to preserve the status quo until the hearing.
Valid for 14 days, but it may be extended in which it is considered to be a preliminary injunction and is appealable.
TRO Formalitites
The adverse party must given oral or written notice.
Preliminary Injunctions
Is equitable relief with the objective of preserving the status quo.
If it is granted, the matter must be tried within 6 months unless the parties stipulate, or good cause is shown.
Must give notice to the adverse parties.
Work Product
Is any material prepared in anticipation of litigation.
Work product can be discoverable if the other party shows substantial need and undue hardship.
Attorney’s mental impressions are never discoverable.
Final Judgements
Are generally appealable and non-final judgments are general, not appealable.
Summary Judgment
A summary judgment motion will be granted if there is no genuine issue as to any material fact and the moving is entitle to judgment as a matter of law.
Burden shifts to the non-moving party.
