Federal Civil Procedure Flashcards
(40 cards)
Statutory Limits on PJ: 5 Situations Where PJ Exists
1) D is present in forum state and personally served
2) D is domiciled in forum state
3) D is a US citizen
4) D consents to jurisdiction
5) D is within state’s long arm statute
Constitutional Limits on PJ
Sufficient Nexus with Forum State
1) Minimum Contacts
- Purposeful availment
- Foreseeability
2) Relatedness of claim to D’s contact
- General jurisdiction: D must be “at home”
3) Fairness
- Does claim arise from D’s contact with state?
- Convenience
- Forum state’s interest in litigating claim
Notice
1) Reasonable method used to notify D of pending lawsuit
Diversity Jurisdiction Requirements
1) Complete Diversity
2) Amount in Controversy exceeding $75,000
Citizenship of Parties
Individual: where domiciled
Corporation: where incorporated or principal place of business
Partnership: each state where member is citizen
Supplemental Jurisdiction Test
Must arise from a “common nucleus of operative fact” as to claim that invoked original federal SMJ and are such that a P “would ordinarily be expected to try them all in one judicial proceeding””
3 Situations Where Supplemental Jurisdiction Is Not Allowed
1) By P against impleaded parties, compulsorily or permissively joined parties, or intervening parties
2) By persons who are to be compulsorily or permissively joined as P’s
3) By persons seeking to intervene as P’s
Amount in Controversy
Must be in excess of $75,000 excluding costs and interests
Erie Doctrine: Issues That are Always Substantive
1) SOL’s
2) Tolling of SOL’s
3) Choice of Law Rules
4) Elements of Claim or Defense
3 Tests Applied Under Erie
1) Outcome determinative test
2) Balance of interest test
3) Forum shopping deterrence
Where is Venue Proper?
1) Any district where D resides, if all D’s reside in same state
2) Any district where a substantial part of the events or omissions that give rise to the claim occurred
If neither:
3) Any district where any D is subject to PJ
Transfer
If Venue is Proper:
- Can transfer for the convenience of parties or witnesses to any district where it could have originally been filed (apply law of transferor court)
If Venue is Improper:
- Court must dismiss or transfer in “the interests of justice”
(Transfer is usually more appropriate, apply law of transferee court)
2 Requirements for Removal
1) Case could have originally been filed in federal court
2) When based on diversity, no D can be a citizen of state where action is filed
Timing of Removal
Must be within 30 days of when D receives copy of initial pleading, but (for diversity cases) not more than one year after it was brought in state court (if case later becomes removable)
How is Service Made?
By someone 18 or older through:
1) Personal service
2) Service at D’s usual place of abode
3) Service upon authorized agent
4) Waiver
Preliminary Injunctions Conditions
Sought to preserve status quo
1) P will suffer irreparable harm if not granted
2) Harm to P outweighs harm to D
3) P shows he is likely to be successful on merits
4) Public interest favors granting injunction
Temporary Restraining Order Conditions
Sought to preserve status quo until preliminary injunction hearing (14 days)
1) Moving party (MP) states specific facts in an affidavit or verified complain of irreparable injury if TRO is not granted
2) MP certifies in writing the efforts she made to notify the adverse party and reasons why notice should not be required
3) MP provides security interest to pay for damages incurred by adverse party if court later finds out he was wrongfully restrained
Complaint Requirements
1) Grounds for federal jurisdiction
2) Short statement of claim showing that P is entitled to relief
3) A demand for judgment for relief
Rule 12 Motions
1) Lack of SMJ
2) Lack of PJ *
3) Improper venue *
4) Insufficient process *
5) Insufficient service of process *
6) Failure to state a claim upon which relief can be granted
7) Failure to join an indispensable party
1) can be raised any time
2-5) in first motion or answer
6-7) any time before or during trial
3 Other Pre-Answer Motions
Motion to Dismiss
Motion for More Definite Statement
Motion to Strike
Answer Requirements
1) Must contain a specific denial or admission for each averment in complaint
2) Any affirmative defenses
Compulsory Counterclaim Test
Must arise out of the same transaction or occurrence
Rule 11 Certifications
1) Paper is not presented for improper purpose
2) Non-frivoulous: Legal contentions are warranted by existing law or establishment of new law
3) Contentions likely to have evidentiary support
4) Denials of factual contentions are warranted on evidence or reasonably based on a lack of information
Should an Absentee Party be Joined?
1) Complete relief cannot be accorded in party’s absence
2) Absentee has such an interest in subject matter that absence will impair or impede his ability to protect interest or create a substantial risk of incurring multiple or inconsistent obligations
Class Action Rule 23 Requirements
1) Class is numerous that joinder is impracticable (numerous class)
2) Common questions of law or fact (common questions)
3) Named parties’ interests are typical of class (typicality)
4) Named parties can adequately represent the interest of members (fair and adequate representation)
5) One of the following situations is present:
- Risk of inconsistent results or impairment of interests of unnamed parties
- Injunctive or declaratory relief is appropriate for class as a whole
- Common questions of law or fact predominate over individual issues and a class action is superior to alternate methods of adjudication
