Federal Jurisdiction Flashcards
(32 cards)
Federal Subject Matter Jurisdiction
Courts of limited jurisdiction
Two kinds:
1) Arising Under
2) Diversity
Alternative ways to get into federal court:
1) Supplemental
2) Removal
Arising Under Jurisdiction
1) The claim is created by federal law
2) The claim is created by state law, but depends on a substantial FQ
The federal issue must appear on the face of P’s well-pled complaint, and not merely by way of some defense.
Diversity Jurisdiction
Complete Diversity: No single P may be a citizen of the same state as any single D
- Individuals: Domicile, true home when lawsuit is filed
- Corporations: Incorporation OR place of business
- Unincorporated Business: Every single owner counts as a separate domiciled person
- Non-LPRs: May sue or be sued by a nonalien in diversity
- LPRs: Domiciled in place of permanent residence
- American citizen domiciled outside of US: Can never sue or be sued based on diversity
Amount in Controversy: Must exceed $75K for at least 1 P
Supplemental Jurisdiction
Federal court has discretion to assert over both claims if they derive from a common nucleus of operative fact
Diversity Limits
- P can’t use to bring in additional claims against nondiverse parties if diversity jurisdiction
Removal and Remand
Removal: D files a notice of removal in the federal court within 30 days of the service of the state court complaint. Action is automatically removed.
- Exception: If based solely on diversity, no removal if any single D is a citizen of the state where action was filed
Remand: P files a motion to remand back to state court within 30 days of the filing of the notice of removal.
The Erie Doctrine
If conflict involves a federal statute, FRCP, FRE, or the issue of trial by jury –> federal law wins
If not –> state law wins where the diff. would alter the outcome of the case
Full Faith and Credit
Federal courts must recognize and enforce any valid judgment entered by any state or federal court
Federal Courts Generally Can’t Enjoin
1) Pending state civil actions
2) Pending state tax proceedings
3) Pending state criminal prosecutions
Abstention
Court will refrain from resolving a substantial pending state law issue
Temporary Restraining Order
Definition: An emergency order for 14 days to prevent irreparable harm and preserve the status quo
Notice is excused if impossible
Preliminary Injunctions
Entered only upon notice to adversary. To prevent irreparable harm and preserve status quo before a trial on the merits
Personal Jurisdiction
In the absence of specific statute, federal courts borrow the same PJ laws of state where it sits
Service of Process
Who? Any 18yo nonparty
Proper if: method proper under federal rules + constitutional
Proper Methods
- Abode Service: leave at D’s last and usual abode
- Waiver: Gives D 60 days to respond
- Agent Service
- State Methods
- Personal Service
Constitutional if reasonably calculated to apprise parties of litigation
Venue
Proper where:
1) Any D resides if all from the same state
2) Substantial part of the claim arose, or property at issue is located
Improper Venue?
- File a motion to transfer venue in 1st response, which is granted in court’s discretion for convenience and justice
Pleadings
Complaints must contain sufficient facts to place the adversary on notice of plausible claims, but fraud claims require heightened particularity
Responsive Motions (waived unless filed in 1st responsive pleading)
1) Motion to dismiss for lack of PJ
2) Motion to dismiss for improper service of process
3) Motion challenging venue
Amendments: Absolute right to amend within 21 days. Afterwards, granted freely
- Relation Back: basically the same as IL. For new parties, must acquire knowledge within 120 days of timely filed complaint
Joinder of Claims
Party may join as many claims as it has against an adversary, regardless of any connection
Joinder of Parties
Party may join parties if the claims involving those parties derive from the same transaction or occurrence
Counterclaims
Def: Claim filed by D against P
Permissive: Does not derive from same TO, so MAY be filed if there’s fedjur but doesn’t have to be filed
Compulsory: Derives from same TO, so MUST be filed or else forever waived
Impleader
Def: Third-party claims
Ds may implead a new claim against a new party if that new party would be liable to D for all or part of D’s liability to P
Interpleader
Holder of a common fund
Traditional rule: must be complete diversity + AIC req
Statutory Interpleader: $500 or more is enough, and minimal diversity is enough. If any 2 of the rivals are from different states.
Intervention
Def: Act of a nonparty moving to intervene to become a party
As of Right: Has an interest which will be adversely affected by the lawsuit and not protected by the parties
Permissive: Court’s discretion to grant intervention if there is a commonality of issues
Indispensable Parties
Nonparty must be joined if its absence would be prejudicial to any party’s right to a full and fair adjudication
But, if not possible b/c no fedjur, court must decide in equity and good conscience whether to go forward or to dismiss the entire action
Class Actions
Definition: Named party represents a class of commonly situated parties
Class Action Fairness Act: Fedjur over class actions with 100 Ps seeking over $5m, and if any single P is from a different state than any single D
Certification: Commonality, Adequacy, Numerosity, Typicality
If seeking money damages
- To certify: Predominance, Superiority
- Constitutional: Class must get notice and right to opt out
Case Management
Initial scheduling conference for pretrial matters
Final pretrial conference
