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Flashcards in Federal Civil Procedure Deck (40):

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
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



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


Notice to Class Action Must State:

1) Nature of action
2) Definition of class
3) Class claims, issues, or defenses
4) Binding effect of class judgment


Interpleader Generally

Suit that requires adverse claimants to determine which has a valid claim to the state


Two Types of Interpleaders

Rule 22:
- Complete diversity between stakeholder and claimants and AIC of more than $75,000, or
- Federal question claim

Statutory 1335:
- One claimant must be diverse from one another and AIC is only $500


Intervention Generally

Third party seeks to join suit where his claim have a common question of law or fact


3 Types of Disclosures for Discovery

1) Initial disclosures
2) Disclosure of expert testimony
3) Pretrial disclosures


Initial Disclosure Requirements

1) Identities of persons who have discoverable information that you may use to support your claims or defenses
2) Documents and things that you may use to support your claims or defenses
3) Computation of monetary relief
4) Insurance coverage


Expert Testimony Disclosure Requirements

1) Opinion expert witness will express
2) Bases for the opinions
3) Facts used to form the opinions
4) Expert witness’s qualifications
5) How much expert witness is being paid


Pretrial Disclosure Requirements

Must give detailed information about trial evidence, including identity of witnesses to testify and documents to be introduced at trial


Scope of Discovery

Any nonprivileged information relevant to party's claim or defenses and is proportional to the needs of the case


Summary Judgment Requirements

1) No genuine issue of material fact
2) MP is entitled to judgment as a matter of law


Judgment as a Matter of Law

Court must find that a reasonable jury would not have a legally sufficient basis to find for nonmoving party


Renewed Judgment as a Matter of Law Timing

Must be within 28 days after judgment


Motion for New Trial

May be for an error during trial, or because verdict is against the weight of the evidence


Motion to Amend Final Order

1) New evidence has been discovered that was not previously available
2) Intervening change in controlling law
3) Need to correct a clear error or law or fact
4) Need to prevent injustice


Claim Preclusion

1) Both cases were brought by the same Claimant against the same Defendant
2 )The original case ended in a valid final judgment on the merits
- A judgment is on the merits unless it is based on: Jurisdiction, Venue, or Indispensable parties
3) Both cases asserted the same claim
- Majority view: A claim for any right to relief is the same if it arises from the same transaction or occurrence


Issue Preclusion

1) Original case ended in a valid, final judgment on the merits
2) The same issue was actually litigated and determined in the original case
3) That issue was essential to the judgment in the original case (the finding on this issue is the basis for the judgment)