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NY Bar 2014 > FedJur > Flashcards

FedJur Flashcards

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1
Q

Main subject matter jurisdication (MJ) cases in Fed court?

A
  1. Diversity of citizenship, alienage

2. Federal question

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2
Q

MJ - Diversity and alienage - 2 requirements

A
  1. Between citizens of different states OR between state citizen and foreign country
  2. Amount in controversy >$75k (NOT =$75k, not including interest)
    ESSAY: ALWAYS MENTION BOTH WHEN DISCUSSING MJ
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3
Q

Complete diversity rule:

A

If ANY plaintiff is a citizen of the same state as ANY defendant
NO DIVERSITY JURISDICTION

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4
Q

US citizen domiciled abroad
v
Citizen of state

A

No diversity jurisdiction

not alien

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5
Q

Foreign citizen
v
Citizen of state

A

Diversity jurisdiction!

Alienage

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6
Q

How to determine “state of citizenship”?

A

Domicile

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7
Q

How to determine domicile?

A

Physical presence in state
AND
intent to make state your permanent home

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8
Q

Relevant time for domicile determination?

A

When case filed (not when event occurred)

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9
Q

Citizenship of corporations

A

State/country of incorporation
AND
Where it has principal place of business (where managers direct, coordinate and control corp activities - “nerve center” - HQ)
(can have more than one citizenship!)

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10
Q

Citizenship of LLC, partnership

A

Citizenship of all members, incl. GPs, LPs

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11
Q

Decedent, minor, incompetent - citizenship?

A

Theirs, not their guardian

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12
Q

Doubt re >$75k?

A

Any good faith claim is considered

UNLESS “clear to a legal certainty” that it cannot be recovered.

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13
Q

Actual award relevant?

A

Not to jurisdiction.

But if awarded less than $75k P may be liable for litigation costs.

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14
Q

Aggregation of claims = >75k - OK?

A

Yes if same defendant

“Joint” tortfeasors - OK

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15
Q

Value of injunction - 2 alternative tests

A

Decrease of value to P

Cost of compliance with injunction.

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16
Q

Exclusions to Fed court orders

A

No divorce, alimony, child custody decree, no probate

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17
Q

Federal Question MJ - define

A

“Right or interest founded substantially on federal law / constitution”

(Citizenship and amount - irrelevant)

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18
Q

Test for Fed Questuin MJ?

A

“Well pleaded complaint” rule.
Federal if simply stating claim?
(“Is P enforcing a federal right?”)

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19
Q

Does every claim need to have MJ?

A

Yes!

After filing, “Supplemental Jurisdiction” claims may be added LATER

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20
Q

Test for Supplemental Jurisdiction claim

A

“Common nucleus of operative fact”

Always when arising from same transaction/occurrence

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21
Q

Exception to Supp Jur

A

P cannot use to overcome lack of diversity IN DIVERSITY CASE
(Eg. in suit against out-of-stater, cannot add D from his state), even when arises from same occurrence)
(Can overcome lack of 75k even in diversity case)

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22
Q

Supp Jur to overcome lack of diversity in Fed Q case?

A

Yes!

In FED Q CASE, can add D who does not have diversity or FedQ jurisdiction, if “common nucleus” fulfilled.

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23
Q

Court discretion not to hear Supp claim if:

A

Fed Q dismissed early
State law claim complex
State law issues predominate

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24
Q

State “removes” to Fed

Fed ____ to State

A

Remands

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25
When can D request removal?
30d after service of 1st paper making case removable. | In case of multiple D's - after service to last one
26
Removal in case of multiple D's?
All Ds must request
27
2 exceptions to removal - DIVERSITY CASES ONLY!
If any D is citizen of forum ("instate rule"). | 1y+ after case filed in state court (unless P acts in bad faith to prevent removal)
28
Time limit on raising MJ / remand to state court?
Anytime. | For other grounds after removal - within 30d
29
Erie doctrine - which law - hierarchy:
(1) Federal law directly conflicting with state law --> Fed Law (Supremacy clause) IF NOT (2) "Easy" issue - elements of claim/defense, SoL, tolling SoL, choice of law --> state law IF NOT (3) Substantive issue --> state law (see next slide)
30
"Substantive issue" tests
(i) Determinative for case? Yes --> substantive --> state law (ii) Balance of interest - does state or fed have a strong interest in having its rule applied? (iii) Avoid forum shopping - if ignoring state law will cause ppl to flock to Fed court --> state law
31
Venue
Any district where: all D's reside OR substantial part of claim arose.
32
All D's in different districts in same state?
Any district in which any resides.
33
"Reside" means
Domicile. | Corp - all the different classifications
34
Transfer of venue - where permissible?
Only to a fed district where case could have been brought. | Or any district at all where all parties consent if there is "cause" for the transfer.
35
Court discretion to transfer venue
Convenience of parties, witnesses, interests of justice. AND Public/private factors showing that other court is "center of gravity"
36
Choice of law after transfer?
Of original venue.
37
Service of process - what and when?
Summons + copy of complaint | 120 days after filing case (can show good cause if later).
38
Who serves?
Non-party | 18+
39
Laws applicable to service
Must comply with any of: FRCP state law where court located state law where service effected.
40
3 forms of service under FRCP?
Personal service -- anywhere in forum state Substituted service - D's usual abode, with someone residing there of suitable age and discretion. Agent service - to D's agent who is authorized to receive.
41
Waiver of service
Mail to D with waiver form and prepaid postage for return. | If no waiver, D can be liable for cost of service.
42
NY fed court serves outside NY?
Only to the extent NY state court can serve.
43
Condition for joinder of P's or D's
Arising frm same transaction/occurrence AND Raise same legal question. THEN we look at MJ (diversity, Fed Q)
44
When is a party "necessary"?
His interest will be harmed if he isn't joined. Without him, can't accord relief to joined parties. Joint tortfeasors NOT "necessary parties" THEN look at MJ
45
If necessary party cannot be joined under FedJur, how does court decide whether to proceed without him or dismiss?
Alternative forum available for everyone? Real likelihood of harm if we proceed without party? Can court issue order without injuring party?
46
Counterclaims | Two types:
Compulsory - same T/O - waived if not made with answer | Permissive - different T/O - not waived
47
Fed jur of counterclaim
Check diversity/alienage and fed Q. If not, check Supp (Compulsory has same T/O --> same nucleus --> Supp) (limitation does not apply, since this is not a claim by P)
48
Cross-claim (against co-party)
Same T/O Never compulsory If citizens of same state - Supp. Since it is not a claim by P - no limitation.
49
Impleader against TPD - when can D file
14d after answer | Check MJ or Supp for TPD!
50
Intervention - absentee wants to join suit - grounds?
Absentee's interest may be harmed if not joined AND he is not adequately represented already. At least one common Q. Court has discretion. Check MJ or Supp!
51
Stakeholder wants to know whether property is his or others. Two tracks - Rule and Statute
``` Rule - same as regular diversity case. Funny things in statute: one claimant different from another claimant $500 nationwide service venue where claimant resides ```
52
Class action - initial requirements
Too numerous for practical joinder Common Q of law or fact Claims/defenses typical of class Representative adequate for class
53
Class action - 3 types
(1) Prejudice - class treatment necessary to avoid damages to either side [no opting out] (2) Injunction/declaratory sought since parties treated alike [no opting out] * (3) "Damages" - common Qs predominate over individual Qs AND class action superior method [can opt out!!]
54
Class action - notice to members
In "Damages" type - COURT gives notice to all reasonably identifiable members: can opt out bound by judgment if they don't can enter separate appearance
55
MJ in class action - diversity?
``` REP must be diverse from all D's! [If $5m+ then any class member can be diverse from any D] ```
56
MJ in class action - >$75k?
REP's claim must exceed.
57
Right to jury in Fed?
Only for action at law, not action at equity. | Claim involves law+equity --> jury decides facts underlying law (damages) claim.
58
Jury selection
Unlimited strikes for cause | 3 peremptory strikes (must be race/gender neutral)
59
JMOL?
Motion for judgment as a matter of law - takes away form jury. Can move for this after other side has been heard. When "reasonable people could not disagree on result"
60
Renewed JMOL
Moved for JMOL, judge rejected, jury ruled, move for RJMOL w/in 28d. "Jury reached conclusion that reasonable ppl could not have reached". Only if moved or waived JMOL at trial. Result - Reverses ruling!!
61
Motion for new trial w/in 28d. Grounds?
Error that requires re-trial. New evidence, misconduct, serious error by jury? Result - Starting over!
62
Answer to claim - when?
21 days after service of process.
63
Defenses which can be raised EITHER in answer OR in MOTION
``` Lack of MJ Lack of PJ Improper venue Insufficient process Insufficient service Failure to state claim on which relief can be granted Failure to join indispensable party ```
64
Defenses which must be raised in first response or they are waived:
Lack of PJ Improper venue Insufficient process Insufficient service
65
Defenses which can be raised anytime through trial
Failure to join indispensable party | Failure to state claim on which relief can be granted
66
Defense which is never ever waived
MJ
67
Complaint contains
Statement of MJ Statement of claim + relief ("Facts supporting PLAUSIBLE claim") Demand for judgment
68
Topics requiring specificity (not just general facts)
Fraud Mistake Special damages (which do not normally flow from event)

NY Bar 2014 (18 decks)

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