Issues Tested

Question 1

Federal Question Jurisdiction

Answer 1

• The federal issue must be presented in the plaintiff’s well-plead complaint
• A federal defense is not sufficient

Question 2

Diversity Jurisdiction

Answer 2

• Must be complete diversity between the parties
• Must exceed $75,000

Question 3

Supplemental Jurisdiction

Answer 3

claims must arise out of a common nucleus of operative fact as the original claim

Question 4

Rejection of Supplemental Jurisdiction

Answer 4

Courts have discretion to reject supplemental jurisdiction if:
* The claims are complex or predominate the lawsuit;
* The federal law claims are dismissed; or
* There are any other compelling reasons to decline jurisdiction

Question 5

Removal

Answer 5

Defendant may remove so long as the federal court can exercise SMJ over the case

Question 6

Minimum contacts

Answer 6

• Purposeful availment (reasonably foreseeable to be sued in the state)
• Relatedness (defendant’s conduct in relation to the action)

Question 7

Fairness (Fair play and substantial justice)

Answer 7

• Interest of the forum state in adjudicating the matter,
• Burden on the defendant of appearing in the case,
• Interest of the judicial system in efficient resolution, and
• Shared interests of the states in promoting common social policies

Question 8

Appropriate Venue

Answer 8

1. A district in which any defendant resides if all defendants reside in the state where the district is located;
2. Where a substantial part of the events or omissions occurred, or where the property is situated; or
3. If neither of the above apply, venue is proper in a judicial district where any defendant is subject to PJ

Question 9

Transfer of Venue Analysis

Answer 9

1. Is there personal jurisdiction?
2. Is there subject matter jurisdiction?
3. Is venue appropriate in the new district?
4. Is transfer to the new venue in the interest of justice?

Question 10

Erie Doctrine

Federal Question Jurisdiction

Answer 10

Federal substantive law and procedural law will control.

Question 11

Erie Doctrine

Diversity Jurisdiction

Answer 11

Court applies state substantive law and federal procedural law

Question 12

Substance v. Procedure

Answer 12

• A state law that alters the calculation of damages is substantive
• A state law regarding a statute of limitations is substantive
• State laws that create evidentiary privileges are substantive

Question 13

Temporary Restraining Order

Answer 13

1. Immediate and irreparable injury would occur absent the TRO, and
2. An effort was made to give notice to the opposing side

Question 14

Preliminary Injunction

Answer 14

1. Likely to succeed on the merits,
2. Likely to suffer irreparable harm in absence of injunction,
3. Balancing the equities favors granting, and
4. Injunction is in the best interests of the public

Question 15

Relation Back

Adding a new claim–permitted if:

Answer 15

• The original complaint was timely; and
• The new claim arises out of the same transaction or occurrence as the original claims

Question 16

Relation Back

Adding a new defendant–permitted if:

Answer 16

• The claim arose out of the same conduct, transaction, or occurrence;
• The new defendant received notice of the action within 90 days of the original complaint; and
• The new defendant knew or should have known that but-for a mistake, he would have been part of the original complaint

Question 17

Compulsory Joinder

Answer 17

1. The party must be necessary
2. There must be PJ over the new party
3. There must be SMJ

Question 18

Necessary Party

Answer 18

• Courts cannot afford complete relief without the party;
• There is a danger that the party would be harmed without joining; or
• There is a risk of an inconsistent judgment or double liability

Question 19

Factors for indispensible party

Answer 19

1. Extent to which judgment would prejudice the parties in the person’s absence;
2. Extent to which prejudice could be reduced or avoided by protective provisions;
3. Whether a judgment rendered would be adequate; and
4. Whether the plaintiff would have an adequate remedy if action were dismissed for nonjoinder

Question 20

Cross-claims

Answer 20

• So long as it arises out of the same transaction or occurrence as the plaintiff’s original claim
• Must have SMJ over the cross-claim

Question 21

Impleader

Answer 21

• Impleaded claim must relate to the original claim between the plaintiff and the defendant
• Must have SMJ over the impleaded claim

Question 22

Intervention as of right

Answer 22

• Nonparty has an interest in the subject matter of the action;
• The action may affect their interest; and
• The nonparty’s interest is not adequately represented by the existing parties

Question 23

Permissive intervention

Answer 23

• Nonparty is granted a conditional right under federal statute; or
• Nonparty has a claim or defense related to the original cause of action

Question 24

Work product privilege

Answer 24

• Protects materials prepared by a party in anticipation of litigation
• Exception:
  (a) Information is not reasonably avaliable by other means; and
  (b) The party would be substantially prejudiced if not allowed access to the materials

Question 25

Judgment as a Matter of Law

Answer 25

Granted if no reasonable person could differ as to the outcome

Question 26

Claim Preclusion (res judicata)

Answer 26

1. The same plaintiff and the same defendant from lawsuit #1
2. Lawsuit #1 ended in a valid final judgment on the merits
3. Claimant is asserting the same claim as in Lawsuit #1

Question 27

Issue Preclusion (collateral estoppel)

Answer 27

1. Same issue was actually litigated
2. Final valid judgment on the merits
3. Issue was essential to the judgment
4. The party against whom issue preclusion is asserted must have been a party in the prior lawsuit or a successor in interest