The power of a court to hear and determine cases of the general class to which the proceedings in question belong.

Under FCRP 56, a federal court must enter summary judgment if, after complete discovery, a party fails to show that the evidence, viewed in the light most favorable to that party, is sufficient to establish the existence of an essential element on which that party has the burden of proof. 

Article III Sec. 2/28 USC 1332 provides for diversity jurisdiction; diversity jurisdiction requires two (2) elements:

1. $75,000.00 or greater in dispute
2. Diverse parties (see Diversity Analysis)

Federal Jurisdiction

"Federal Question"

The authority of a federal court to hear and determine cases of a particular nature derived from the United States Constitution and rules promulgated by Congress pursuant thereto. 

Relief that is sought before an administrative body as opposed to a court.

Sets forth: the requirement that every pleading or written paper be signed by at least one attorney of record; the representations made by the attorney to the court upon the signing of such document; and the sanctions for violation of the provision.

Provides that a court arrive at a pretrial verdict disposition on the case at bar when one party fails to prove an essential element of its case.

Judgment rendered by a court in response to a motion by one of the parties, claiming that the lack of a question of material fact to an issue warrants disposition of the issue without consideration by the jury.

The rule of las that a final judgment by a court precludes subsequent litigation between the parties regarding the same cause of action.

Governs discovery and the production of documents at trial.

The communication of reasonable notice of a court proceeding to a defendant in order to provide him with an opportunity to be heard.

The forum having jurisdiction over a lawsuit as agreed upon by the parties prior to litigation.

The minimum degree of contact necessary in order to sustain a cause of action within a particular forum, consistent with the requirements of due process.

A proceeding commenced by one party without providing any opposing parties with notice or which is uncontested by an adverse party.

Clauses found in the 5th and 14th Amendments to the United States Constitution providing that no person shall be deprived of "life, liberty, or property without due process of law"

A court order issued as a remedy requiring a person to do, or prohibiting that person from doing, a specific act.

The constitutional mandate requiring the courts to protect and enforce individual's rights and liberties consistent with prevailing principles of fairness and justice and prohibiting the federal and state governments from such activities that deprive the citizens of life, liberty, or property interest. 

Communication of information to a person by one authorized or by an otherwise proper source.

The constitutional mandate that if the state or federal government acts so as to deny a citizen of a life, liberty, or property interest the individual is entitled to notice and the right to be heard.

The authority of the federal courts to hear and determine in the first instance matters pertaining to the federal Constitution, federal law, or treaties of the United States.

A doctrine granting authority to a federal court to hear a claim that does not invoke diversity jurisdiction if it arises from the same transaction or occurrence as the primary action. 

Supplemental Jurisdiction is proper where there is a sufficient nexus between state and federal claims, and statutory discretionary factors do not weigh in favor of a decision to decline to exercise supplemental jurisdiction. 

A court may decline to exercise supplemental jurisdiction where: 1) the state law claims raise complex or novel issues, or; 2) the state law claims substantially predominate over the federal claim.

A rule pursuant to which courts in one state give deference to the statutes and judicial decisions of another.

Federal courts must apply state substantive law and federal procedural law.

Law relating to the process of carrying out a lawsuit and not to the substantive rights asserted by the parties.

Law that pertains to the rights and interests of the parties upon which a cause of action may be based. 

A procedural rule or oder prohibiting the support or opposition to certain claims or defenses.

Damages exceeding the actual injury suffered for the purposes of punishment, deterrence, and comfort to the plaintiff.

A remedy that is based upon principles of fairness as opposed to rules of law.

An offer made by one part to a lawsuit to the other agreeing upon the determination of rights and issues between them, thus disposing of the need for judicial determination.

The rule that attorneys' fees are not recoverable, unless expressly provided by law or pursuant to a contract.

A decree issued by a court of equity ratifying an agreement between the parties to a lawsuit; an agreement by a defendant to cease illegal activity.

A determination of rights of the parties to litigation based on the presentation of evidence, barring the party from initiating the same suit again.

Satisfaction of a debt by deducting payments directly from the debtor's wages before they are paid to him by his employer; due process requires that the debtor be first given notice and an opportunity to be heard.

In order for a complaint to survive dismissal on the pleadings, the complaint must include enough facts to state a claim to relief that is plausible on its face.  (Bell Atlantic v. Twombly)

Sanctions may be appropriate for an attorney's filing of a clearly defective complaint and taking no steps to amend or dismiss it. (Walker v. Norwest Corp.)

Sanctions are limited to papers signed in violation of the rule, not to other conduct. (Christian v. Mattell, Inc.)

Obligation on counsel and client to stop, think, investigate, and research before filing papers either to initiate the suite or to conduct the litigation.  (Bridges v. Diesel Service, Inc.)

The time, place, and nature of alleged misrepresentations must be disclosed to a party accused of fraud (Stradford v. Zurich Insurance Co.)

An order for the court made under Rule 34 for discover any production of documents is interlocutory and therefore not subject to appeal.  (Apex Hoisery Co. v. Leader)

Under Rule 56, a federal court must enter a summary judgment if, after complete discovery, a party fails to show that the evidence, viewed in the light most favorable to that party, is sufficient to establish the existence of an essential element on which that party has the burden of proof.  (Houchens v. American Home Assurance Co.)

State courts have jurisdiction over non-residents who are physically present in the state. (Burnham v. Superior Court)

Long-Arm Statutes 

(As a Restraint on Jurisdiction)

A district court's error in failing to remand a case improperly removed does not prevent adjudication if the jurisdictional requirements are satisfied at the time of judgment.  (Caterpillar, Inv. v. Lewis)

A court may, in its discretion, accept a settlement that denies statutorily authorized fees.  (Evans v. Jeff D)

An award of attorney's fees and costs to a "prevailing party" under federal statutes may be awarded only to a party who has secured a judgment on the merits or a court-ordered consent decree. 

 A typical-fee shifting provision addressing the responsibility for payment of the attorneys' fees and costs of the winning or prevailing party states: "In the event of any controversy, claim or action between the parties, arising from or related to this agreement, the prevailing party will be entitled to receive from the other party its reasonable attorneys' fees and costs."

The reason the enforcement of these provisions is complicated is because of the "prevailing party" language. "Prevailing party" suggests that the suit will result in a qualified winner and loser. But results of litigation are seldom that clear.

Trial courts and juries frequently find merit in aspects of both the plaintiff's and the defendant's claims. In such cases, the trial court or the jury often awards both plaintiff and defendant partial judgments.

Procedural due process requires that parties whose rights are to be affected are entitled to be heard at a meaningful time; and in order that they may enjoy that right, they must be notified.  (Fuentes v. Shevin)

Sets forth the requirements for pleading fraud or mistake and requires the circumstances constituting fraud or mistake to be plead with particularity; malice, intent, knowledge, and other conditions of the mid of a person may be plead generally.

A manner of defending oneself against a claim not by denying the truth of the charge, but by the introduction of some evidence challenging the plaintiff's right to bring the claim.

Requirement that a party exhaust all remedies available before a court will intervene in the controversy.

A fact that is disputed between two or more parties to litigation that is essential to proving an element of the cause of action, or a defense asserted, or would otherwise affect the outcome of the proceeding.

Relation Back Doctrine 

Doctrine that holds that a party may not amend its pleading to set forth a new or difference claim or defense unless it involves the subject matter of the original pleading; under Rule 15(c), before a responsive pleading is served, such amendment is said to RELATE BACK to the original pleading if it involves the subject matter of the original pleading. 

Amendment to a pleading may occur in an answer as well as a complaint.  Rule 15(a) allows relation back for claims and defenses asserted in the original pleading or attempted to be set forth in the original pleading which arose from the conduct, transaction, or occurrence of the original pleading.

Capron v. Van Noorden 

U.S. (1804)

The NC Circuit Court was in error as it failed to establish that it had proper subject matter jurisdiction.  The consent of the parties are not sufficient to grant subject matter jurisdiction. 

Domicile Analysis 

(Residency)

1.  Physical presence

2.  Intent to remain

PLAUSIBILITY

Twombly introduced the concept of “plausibility” as the dividing line between complaints that do and do not state a claim.  The US Supreme Court concluded that Iqbal’s complaint simply failed to state a claim, and codified and clarified the idea of plausibility introduced in Twombly.

"For the Court"

"Loadstar Standard"

 The amount obtained by multiplying the reasonable amount of hours spent by an attorney working on a case by the reasonable hourly billing rate for purposes of calculating an award of attorney's fees.

Read the Complaint

Research/Identify essential elements of the claim

Apply Twombly/Iqbal Rule/Analysis

Argue sufficiency by comparing/distinguishing:

Ex:  This complaint is identical to...

This complaint is distinguishable from...

To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face:

1. Identify allegations not entitled to assumption of truth (i.e. legal conclusions)
2. Identify factual allegations to determine if they plausibly suggest entitlement to relief