UBE-Printable-Flashcards-Feb-2025-Civil-Procedure 2
(45 cards)
When does a federal court have Subject Matter Jurisdiction?
a) Federal Question jurisdiction exists; b) Diversity of Citizenship among the parties; OR c) Supplemental jurisdiction is present.
Is Subject Matter jurisdiction waived if a party fails to raise it at trial?
No, it is NOT waived.
When does Federal Question Jurisdiction exist?
When a Complaint alleges a claim that arises under: a) Federal law; b) The U.S. Constitution; OR c) United States treaties.
What must the plaintiff enforce for Federal Question Jurisdiction?
The plaintiff MUST be enforcing a federal right and the federal question of law must be present on the face of the Complaint.
When does Diversity of Citizenship Jurisdiction exist?
When: 1) There is complete diversity of citizenship between all plaintiffs and defendants; AND 2) The amount in controversy exceeds $75,000.
What is the amount in controversy based on?
It is based on the damages alleged in good faith in the Complaint, unless it is legally certain that the plaintiff cannot recover the specified amount.
A claim for injunctive relief is valued by either the benefit to the plaintiff OR the cost of compliance for the defendant.
When does Large Class Action Diversity Jurisdiction exist?
When: 1) The amount in controversy exceeds $5 million; 2) There are at least 100 class members; AND 3) Minimal diversity is present.
What are the limits on Large Class Action Diversity Jurisdiction?
The court MAY decline to exercise jurisdiction when non-diverse members are greater than 1/3 and less than 2/3 of the total class. The court MUST decline to exercise jurisdiction when non-diverse members are greater than 2/3 of the total class.
When may a federal court exercise Supplemental Jurisdiction over additional state court claims?
When they arise from the same ‘case or controversy.’
How is Supplemental Jurisdiction limited?
1) It CANNOT be used to overcome a law of diversity. 2) It DOES NOT apply to laws or claims against a party that is an indispensable party. 3) The court may decline to exercise it when: a. The claim raises a novel/complex issue of law; b. The claim substantially predominates over the claim(s) of which the District Court had original jurisdiction; c. The federal District Court has dismissed all claims it had original jurisdiction over; OR d. In exceptional circumstances.
When must federal courts decline jurisdiction under the Domestic Relations Exception?
When the case primarily involves domestic relations.
When may a defendant remove a case to federal court?
When: 1) The federal court has subject matter jurisdiction; 2) All defendants agree; 3) No defendant is a resident of the forum state (if removal is based on diversity jurisdiction); AND 4) Removal is sought within 30 days.
What are the four Abstention Doctrines?
1) Pullman Doctrine (cases that arise from unsettled areas of state law). 2) Younger Doctrine (cases that would interfere with state judicial proceedings). 3) Colorado River Doctrine (when there are parallel state and federal litigations pending). 4) Burford Doctrine (only appropriate if federal application would interfere with a state’s administration of a complex regulatory scheme).
What are the rational bases of Personal Jurisdiction?
a) Domicile; b) Transient jurisdiction (presence in the state when served); c) Consent; d) Waiver.
How is Personal Jurisdiction exerted over a non-resident defendant of the forum state?
1) The forum state must have a long arm statute; AND 2) The Constitutional requirements of due process must be met.
What is the Constitutional Long-Arm Analysis?
Long-arm analysis requires: 1) D has sufficient Minimum Contacts with the forum state – either: a. General Jurisdiction – contacts so substantial that D is essentially at home in the state; OR b. Specific Jurisdiction – a connection between the forum state and underlying controversy. 2) Not offend traditional notions of Fair Play and Substantial Justice.
If the Summons and Complaint is NOT served upon the defendant within 90 days of filing, what must a court do?
Either: a) Dismiss the action without prejudice against the defendant; OR b) Order that service be made within a specified time.
What are the Due Process Clause requirements for service of process?
It requires that notice: 1) Be reasonably calculated to make the parties aware of the action; AND 2) Give them an opportunity to respond.
Where is venue proper?
In any district where: a) Any defendant resides (if all defendants are residents of the forum state); b) Where a substantial portion of the claim occurred; c) Where a substantial part of property is located (if property is the subject of the action); OR d) If none of the above apply, then venue is proper in any district in which any defendant is subject to the court’s personal jurisdiction.
When may the court transfer the case?
If: 1) Needed for the convenience of the parties and witnesses or interests of justice; AND 2) The action could have initially been brought in the receiving court.
What must the court do if venue was improper when the case was filed?
The court MUST either: a) Dismiss the case; OR b) Transfer the case to a proper court if the interests of justice require it.
What law is applied under the Erie Doctrine in federal court?
The court will apply its own federal procedural laws, but MUST apply state substantive law.
When may a Preliminary Injunction be issued?
Upon notice to the adverse party; AND if the moving party gives security in an amount the court deems proper.
What must the moving party show for a Preliminary Injunction to be issued?
1) Likelihood of success on the merits; 2) Likely threat of irreparable harm to the movant; 3) That the harm alleged by the movant outweighs any harm to the non-moving party; AND 4) The injunction is in the public interest.
