Mixed Civil Procedure Flashcards
(21 cards)
The amount in controversy required for subject matter jurisdiction does not include what type of damages?
Punitive Damages
Which Amendment provides the right to a civil jury trial?
The 7th Amendment
When must a jury trial be requested?
No later than 14 days after the last pleading directed to the issue is served.
How can personal jurisdiction be found based upon minimum contacts?
- Party has systematic and continuous contact with forum state: any claims can be brought against party
Or
- Party has isolated contacts purposefully directed at the forum: only claims specific to those contacts can be brought against the party.
A civil action may be brought in what venue?
- If all ∆s live in the same state: any district a ∆ resides in
- A district in which a substantial part of the events occurred or where property is located
Or
- Any judicial district where the parties consent to venue.
What are the border search requirements?
Routine searches: require neither reasonable suspicion, probable cause, nor a warrant.
If a complaint alleges fraud, what does the complaint need to contain?
The time, place, and nature of the misrepresentations must be disclosed. If not, then the claim must be dismissed.
What is the procedural law followed in diversity cases?
Federal Procedural Rules
What is the substantive law followed in diversity cases?
State substantive law when there is no controlling Federal statute.
What is the deadline for a diversity case may be removed to Federal court?
30 days after a party or claim is added. It cannot be > one year after original commencement of action (unless bad faith destroyed diversity to prevent removal).
When can you aggregate claims in a diversity suit?
As long as the claims are against the same ∆ and they are not punitive.
Which affirmative defenses must be in a pleading or they will be waived?
- Assumption of risk
- Contributory negligence
- Duress
- Failure of consideration
- Fraud
- Illegality
- Statute of frauds
- Statute of limitations.
What is the standard for forum non conveniens?
The court, at its discretion can refuse to take jurisdiction over matters when there is a more appropriate forum available to the parties.
Differentiate:
Preliminary Injunction v. Temporary Restraining Order
Preliminary Injunction: occurs after a hearing and lasts until completion of the trial
Temporary Restraining Order: a party convinces the judge that immediate irreparable harm will occur, no hearing is required, only lasts 14 days.
When will new evidence allow for a new trial or a verdict to be set aside?
When the evidence could not have been discovered before by reasonable diligence.
What does res judicata bar?
Any claims that arise from the same events, if those claims could have been brought in the first case.
Can depositions be used in a summary judgment motion?
Yes
How can a party prevail by showing an absence of evidence?
A party can prevail at summary judgment by showing the absence of admissible evidence in the discovery record to support a claim upon which the opposing party would have the burden of proof at trial.
What does the 6th Amendment grant?
The right to a jury trial for serious offenses where imprisonment for more than six months is possible.
What is needed for an appeal?
A final judgment
Is an order that disposes of fewer than all claims against all parties a final judgment?
No
