Term
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Definition
1. If local action, must be filed in the district where the land lies
2. Not local action, venue is proper in ANY district where:
-ALL defendants reside, or
-Substantial part of claim arose, or
-FQ: any district where D is found
-Diversity: any district where D is subj to personal jdx |
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Term
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Definition
In diversity cases, fed ct will apply its own procedural law, but must apply state substantive law in which it is sitting (ex: elements of claim/defense, statute of limitations, choice of law)
If federal law on point, may apply fed law. If no federal law on point, Ct will use outcome determinative test (does issue substantially affect outcome), a balance of interest test (does state have greater interest = substantive), or forum shopping deterrence (if failing to apply state law would increase amount of cases filed in fed ct) to decide whether issue is substantive or procedural |
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Term
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Definition
| RULE: No diversity if any P is a citizen of the same state as any D |
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Term
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Definition
RULE: Can only transfer to a district where a case could have been filed:
1. a proper venue which
2. has personal jdx over D
NOTE: If venue in orig district is proper, ct may transfer to another district based on convenience of parties/witnesses. If improper, ct may transfer in the interest of justice. |
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Term
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Definition
ONLY D can have a case filed in state court removed to federal court if:
1. case could have orig been brought in fed court (diversity/FQ)
2. must remove no later than 30 days after initial service of process
3. ALL D's must agree to removal
NOTE: No removal if ANY D is a citizen of the forum state |
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Term
| Enforcement of Discovery (3 ways) |
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Definition
1. Protective order = receiving party seeks this b/c discovery request is over-burdensome
2. Partial violation = receiving party answers some & objects to others - if objections not upheld, motion to compel
3. Total violation = receiving party completely fails to attend deep, respond to interrogs or RFP = heavy sanction, no need to get motion to compel first |
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Term
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Definition
| anything relevant to a claim or defense (reasonably calculated to lead to discovery of admissible evid = very broad) |
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Term
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Definition
RULE: Generally, can only appeal final judgments - trial court has nothing left to do on the merits of the case.
**Must file appeal within 30 days after entry of final judgment
Exception: Interlocutory Review (i.e. injunctions, class cert) |
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Term
| Collateral Estoppel (issue preclusion) |
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Definition
Elements:
1. Same issue
2. actually litigated and decided
3. issue was essential to judgment
4. full & fair opportunity to litigate
5. Does not have to be same parties |
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Term
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Definition
Elements:
1. Same claim (same operative facts, same transaction, or series of transactions)
2. Same parties - or privity
3. Final judgment on the merits
4. In ct of competent jdx |
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Term
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Definition
Ask: Do facts alleged state a claim law recognizes?
1. Court does not consider evidence, looks only to the face of the complaint
2. May dismiss if complaint shows that a complete defense bars the claim |
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Term
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Definition
Moving party must show:
1. There's no genuine dispute as to any material issue of fact, AND
2. she's entitled to judgment as a matter of law |
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Term
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Definition
3 types: in personam, in rem, quasi in rem
Requirements:
1. Must be authorized by state's long-arm statute
2. Constitutional -
(a) minimum contacts (purposeful availment & foreseeability)
(b) relatedness of claim to contact
(c) fairness (convenience to D, state's interest in providing redress, P's interest, etc.) |
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Term
| Supplemental jurisdiction |
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Definition
a court may entertain claims that would not, by themselves, invoke FQ or diversity jdx IF the claims arise from a common nucleus or operative fact as orig claim, such that it arises from same transaction or occurrence
UNLESS:
1. Asserted by P
2. In diversity case (not FQ)
3. It would violate complete diversity |
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Term
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Definition
a fed ct has subject matter jurisdiction over disputes between a citizen of a U.S. state and an alien
NOTE: No fed jdx over an action by an alien against an alien (unless there are US citizens on both sides of controversy) |
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Term
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Definition
1. P has a right to amend one time before D serves his answer
2. D has a right to amend one time w/in 20 days of serving his answer
NOTE: If P amends, D must respond w/in 10 days or remaining 20 days, whichever is longer |
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Term
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Definition
| A defending party wants to bring in someone new b/c that 3rd party may owe indemnity or contribution to the defending party |
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Term
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Definition
joinder where several persons have same claim to same assets
Rule 22: (1) complete diversity between stakeholder and all adverse claimants + $75K or (2) FQ
Section 1335: (1) only 1 claimant must be diverse from one other, and (2) $500 be in issue |
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Term
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Definition
CANT DIP
Commonality
Adequate Representation
Numerosity
Typicality
Damages
Injunction/DJ
Prejudice |
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