Shared Flashcard Set

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Civ Pro Rules
Civ Pro Rules
17
Other
Graduate
11/24/2010

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Cards

Term
4k1a
Definition
federal court can borrow long arm statute from the state where it sits
Term
4k1b
Definition
federal court can have J over joined defendants within 100miles of the court house
Term
4k1c
Definition
federal court can have J over defendant when a federal statute gives it J
Term
4k2
Definition
for a federal claim, filing in federal court establishes J over defendant when they are not subject to J in any state and it follows 5th amendment
Term
12b1
Definition
defense to jurisdiction from lack of SMJ
Term
12b2
Definition
defense to jurisdiction because of lack of personal jurisdiction
Term
12b4
Definition
defense to jurisdiction based on insufficient process
Term
60b4
Definition
motion to vacate a judgment because it is void
Term
1331
Definition
grants federal courts subject matter jurisdiction when case comes from federal cause of action or has essential federal ingredient
Term
1332
Definition
grants federal court jurisdiction when there is complete diversity AND amount in controversy is over $75,000
Term
1257
Definition
grants supreme court right to hear cases from state system with a disputed federal ingredient
Term
1367a
Definition
federal court have supplemental jurisdiction over state law claims that are a part of the same controversy as a federal claim that it already has jurisdiction over
Term
1367c
Definition
federal court may decline jurisdiction over state law claims brought to it through 1367a if: 1) the claim raises a novel or complex issue of state law; 2) state claim substantially predominates over federal claim; 3) federal court has dismissed all federal claims; 4) exceptional circumstances
Term
1441a
Definition
D can remove a claim in state court to federal court if the federal court would have had original jurisdiction over it
Term
1441b
Definition
state law claim that is removable to federal court under 1441a because of diversity can't be removed if any D is a citizen of the state that the case was originally brought in
Term
1441c
Definition
whenever a 1331 claim is joined with a related state claim, the district court can adjudicate on all the issues or remand the state claim if state law predominates
Term
1367b
Definition
to remove a case to federal court based on supplemental diversity jurisdiction, there needs to be complete diversity even with joinders
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