Jurisdiction

Question 1

Personal Jurisdiction

Answer 1

1. State statute must authorize personal jurisdiction (e.g. Long Arm Statute)
2. Exercise of such jurisdiction must be constitutional
3. Traditional Basis:
   a. Domiciled and served
   b. Person served
   c. Consent

Question 2

Constitutional Exercise of Pers. Jur.

Answer 2

D. must

1. Conducted continuous and systematic activity within the state (General Juris)
2. Have sufficient minimum contacts with the state such that exercise of Pers Jur would be fair and reasonable (reasonably anticipate being haled into court) (purposeful availment-activity in the state)(Specific Juris); Relatedness of claim to contact: specific or general - claim related to conduct w/forum/ when no specific is there systematic and continuous activity such that
   - Fairness: convenience, p.s interest, states interest

Question 3

Diversity Jurisdiction

Answer 3

1. Complete diversity of citizenship (each plaintiff must be of diverse state citizenship of every defendant)
2. Amount in controversy must be > $75k based on P.’s good faith claim.

Question 4

State Citizenship

Answer 4

1. Person: determined by domicile (the state in which he is physically present and in which he intends to remain permanently)
2. Corporation: every state and foreign country in which it has its principal place of business (where high level officers direct, control, and coordinate the corporation’s activities)

Question 5

Federal Question Jurisdiction

Answer 5

Case must arise under the Constitution, laws, or treaties of the U.S.

Question 6

“Arise”

Answer 6

Determined from the well-pleaded complaint, but the P. cannot anticipate a potential defense that is based on federal law in order to provide the court with Fed Ques Jur

Question 7

Supplemental Jurisdiction

Answer 7

2 claims; one has primary jurisdictional basis for claim the other does not–court has discretion to assert supplemental jurisdiction over both claims if they derive from common nucleus of operative fact.
*EXCEPTION: if only basis for juris is diversity, plaintiffs cannot use supp to bring in additional claims against non diverse parties

Question 8

Removal and Remand

Answer 8

1. All parties consent w/in 30 days of service in state complaint
2. If P. moves for remand w/in 30 days of removal notice

Question 9

Venue

Answer 9

proper district: any district where any D. resides, substantial part of the claim arose; transfer of venue: transfer; forum non conveniuns: convenient forum exists in foreign country

Question 10

Def. Pleadings

Answer 10

Answer, Motions:

1. Dismiss for lack of personal jurisdiction
2. Dismiss for improper service
3. Challenge venue

Question 11

Service of Process AWASP

Answer 11

Abode service: leave summons at last/usual abode
Waiver: p. mails complaint w/Request to waive
Agent: Personal service/mailed to managing agent
State Methods: Fed Ct can borrow state methods
Personal: server makes in-hand delivery to def

Question 12

Discovery

Answer 12

Type, Scope, Enforcement

• Depos, Interogs
• Reasonable calculated to discovery of reasonably relevant info, not privileged
• Violation of discovery rule, Sanctions, can’t use withheld ev, may have claim barred or defense

Question 13

JML

Answer 13

1. Either at close of P’s case or
   - w/in 28 of judgment (Renewed)
2. Legal insufficent evidence basis from which a reasonable jury could find for the non moving party
3. Renewed: Limited to grounds raised in initial JMOL Verdict granted could not have been made by reasonable persons, Proper for court to grant JML where ruling against the weight of the evidence OR court’s discretion for errors in the trial affecting the party’s substantial trial rights
   REMEDY = New Trial

Question 14

Res Judicata (VOSS Water)

Answer 14

Precludes claim if:
Valid final judgment
On the Merits
Same Parties
Same Claims
Was Actually Litigated

Question 15

Collateral Estoppel

Answer 15

ISSUE PRECLUSION
Claim/issue has already been fully and fairly litigated to final judgment on merits
- Offensive: entitled to Summary Judgment where facts already litigated by another party harmed by D.s acts

Question 16

Appeal

Answer 16

Within 30 Days of final Judgment

Question 17

Permissive Joinder

Answer 17

Counterclaim that does not derive from same transaction or occurrence as P.s claim

Question 18

Compulsory Joinder

Answer 18

Counter claim that DOES derive from same transaction or occurrence as P’s claim MUST be filed as counter claim or else waived

Question 19

Impleader

Answer 19

3rd Party Claim- D may implead brand new claim if 3rd party maybe liable to D. for all or part of D.’s same liability

Question 20

Interpleader

Answer 20

Holder of common fund may file a suite as P.+interplead as Ds all rival claimants to its common fund

Question 21

Indispensable Party

Answer 21

Nonparty must be joined if its absence would be PREJUDICIAL to any parties right to a full and fair adjudication
- But if can’t be joined (lack of jurisdiction over party/claim) ct must decide in equity&good conscience whether to dismiss the entire action for failure to join indispensable party

Question 22

Class Action (CANT)

Answer 22

Commonality - common issue of fact/law
Adequacy - Named P. + class counsel lawyers must fairly & adequately represent the class
Numerosity - class must be so numerous that joinder of them all would be impracticable
Typicallity - claims of named P. must be typical of the class

Question 23

Motion for Summary Judgement

Answer 23

1. Filed w/in 30 days: No genuine issue of material fact, ev viewed in most favorable light to non-moving party

Question 24

Motion for Relief from Judgment (MEND)

Answer 24

ALL required:

1. Merit - Merit to claim or defense
2. Equity - inequitable to let judgment stand in wake of Fraud or Perjury
3. New Facts - come to light/cast doubt
4. Due Diligence - could not discover new facts until after judgment