Term
| Requirements for diversity jurisdiction: |
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Definition
1. Complete diversity between the parties (although there are special statutes allowing for minimal diversity in class actions, etc.)
2. More than $75,000 in controversy (based on any good faith allegation) |
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Term
| Complete diversity means: |
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Definition
1. Based on citizenship
2. Domicile for individuals
3. Place of incorporation AND principal place of business (headquarters or nerve center) for corporations
4. Domicile of every partner for partnerships and unincorporated associations
5. Citizenship of the named parties only in class actions
NOTE: must exist at the time of filing |
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Term
| When can claims be aggregated to reach the $75,000 requirement? |
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Definition
1. One plaintiff aggregates several claims against one defendant
2. Multiple plaintiffs enforcing a similar right
3. One plaintiff has a $75,000 claim and other plaintiffs with similar, but smaller claims join |
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Term
| Supplemental jurisdiction allows a court with SMJ over one claim to hear additional claims if they share: |
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Definition
| A common nucleus of operative fact |
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Term
| Is there supplemental jurisdiction over counterclaims? |
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Definition
1. Compulsory (same transaction or occurrence) - yes, there is supplemental jurisdiction
2. Permissive - must meet the requirements of diversity independently |
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Term
| Is there supplemental jurisdiction over cross-claims? |
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Definition
| Yes (because cross-claims must arise out of the same common nucleus of operative fact) |
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Term
| Exceptions to supplemental jurisdiction (meaning it does NOT extend in these cases): |
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Definition
1. Claims by plaintiffs against impleaded 3rd party defendants
2. Claims by plaintiffs against defendants joined as necessary parties
3. Claims by plaintiff intervenors
4. Claims by plaintiffs joined involuntarily |
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Term
| Supplemental jurisdiction summary: |
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Definition
| Supplemental jurisdiction works for federal question cases across the board and in diversity cases for compulsory counterclaims; for cross-claims; and for voluntary joinder of plaintiffs where there is complete diversity with all named plaintiffs, where one of them has a claim exceeding $75,000, and where all claims share a common nucleus of operative fact. |
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Term
| Requirement when a defendant wants to remove based on diversity: |
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Definition
1. Regular diversity requirements
2. The case is brought originally in a state in which no defendant is a citizen
3. Generally, there is a one-year limit on removal |
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Term
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Definition
1. File notice of removal in federal district court, copy to state court
2. Notice must be filed within 30 days of service on defendant
3. Notice must be signed, contain a short and plain statement of the grounds for removal, and contain all pleadings and complaints that have been served on defendants
4. All defendants must consent
5. When notice is filed, case is removed and the authority of the state court ceases
6. If there is a question about the propriety of removal, it is addressed in a petition for remand |
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Term
| When a case is removed, how long does a party have to demand a jury trial if they want one: |
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Definition
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Term
| Constitutional test for personal jurisdiction: |
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Definition
| Minimum contacts; fair play and substantial justice (look for purposeful availment) |
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Term
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Definition
| You can get personal jurisdiction over impleaded 3rd party defendants or necessary parties who reside within 100 miles of the federal courthouse, even if they are out of state |
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Term
| Where is federal venue proper? |
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Definition
1. Where any defendant resides if they all reside in the same state
2. Where the claim arose, or
3. Where any defendant can be served
Note: NOT where the plaintiff resides, even as a last resort |
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Term
| Where does a defendant reside? |
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Definition
1. Individuals - domicile
2. Business entities - every jurisdiction where personal jurisdiction can be asserted over it |
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Term
| What is the Erie Doctrine: |
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Definition
Federal courts sitting in diversity apply state substantive law and federal procedural law
State substantive law includes:
- obvious stuff
- SOLs
- burdens of proof
- choice of law rules
NOTE: FRCP are always applied if they are on point |
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Term
| What must be pled with specificity in a Complaint? |
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Definition
1. Fraud
2. Special damages
Everything else can be pled generally |
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Term
| New standard for complaints (Twombly and Iqbal: |
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Definition
| Plausibility (above a mere possibility) |
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Term
| When can you use a motion to strike against a complaint? |
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Definition
| To delete matters that are scandalous or prejudicial and irrelevant to the case at hand |
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Term
| Answers must be filed within: |
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Definition
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Term
| When may pleadings may be amended as of right? |
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Definition
Within 21 days after service of the pleading, or 21 days after service of a responsive pleading if one is required
Note: Thereafter, leave must be granted by the court, but should be done so freely |
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Term
| When does an amendment to a pleading relate back to the date of the original pleading: |
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Definition
| When it arises from the same conduct, transaction, or occurrence |
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Term
| What does certification promise: |
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Definition
1. Appropriate legal basis for filing
2. Conclusions are warranted by existing law or non-frivolous argument for a change in the law
3. The factual allegations have evidentiary support, and
4. Filing was made after a reasonable inquiry and in good faith |
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Term
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Definition
1. Any number of plaintiffs may join, if they assert claims arising from the same transaction or occurrence and there is a common question of law or fact
2. However, no party may be joined if his presence would destroy diversity
3. As long as the joined party maintains complete diversity, claims can be aggregated as long as one plaintiff claims $75,000 |
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Term
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Definition
1. Defendants must join a party whose presence is necessary for adjudication
2. No party may be joined by the defendant if they would destroy diversity
3. D cannot join someone without personal jurisdiction
4. But, a necessary party may be served according to the bulge rule
5. If a necessary party cannot be joined, court decides whether to continue or dismiss |
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Term
| Intervention (usually by plaintiffs): |
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Definition
1. As of right: When an outsider claims an interest in the suit that may be compromised by the disposition of the pending suit
2. Permissive intervention: May be allowed when there is a common question of law or fact between the main claim and the intervenor's claim
3. No supplemental jurisdiction for intervention |
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Term
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Definition
1. When you have property with competing claims and you interplead all possible claimants so the court can settle it
2. 2 kinds: rule interpleader (for a case otherwise within the court's jurisdiciton) and statutory interpleader (available when the jurisdictional amount exceeds $500, allows process nationwide, venue is proper where any claimant resides, and jurisdiction may be based on minimal diversity) |
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Term
| Compulsory counterclaims: |
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Definition
1. Arise from the same transaction or occurrence
2. Must be pled now or lost forever
3. No independent jurisdiction basis required, no SOL problems |
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Term
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Definition
1. MUST arise out of the same transaction or occurrence
2. Never compulsory |
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Term
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Definition
1. When a defendant brings in a third-party who may be liable for all or part of the plaintiff's claim
2. Supplemental jurisdiction covers the defendant's claim against the impled party, but not any claim by the plaintiff against them
3. No party can be impled without personal jurisdiction, but the bulge rule applies |
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Term
| Prerequisites for a class actions: |
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Definition
1. Numerousness of parties
2. Common questions of law or fact
3. Typicality of claims by the representative parties
4. Adequacy of representations |
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Term
| Mandatory disclosures during discovery: |
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Definition
1. Names and contact information of any party with relevant information
2. Copies or descriptions of documents and items
3. Computations of damages and insurance agreements
4. Expert witnesses
5. All witnesses and exhibits to be used at trial
Note: 1-3 are mandatory initial disclosures, 4 and 5 can be disclosed later |
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Term
| Oral deposition requirements: |
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Definition
1. Limited to 10 depositions of 1 day's duration
2. Any kind of notice suffices for a party but a mere witness requires a subpoena |
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Term
| Interrogatory requirements: |
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Definition
1. Limit to 25
2. Only available to use against parties, not mere witnesses |
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Term
| Evidentiary use of depositions: |
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Definition
1. Deposition of an adverse party is admissible as an admission against interest
2. Deposition of a mere witness can be used as a prior inconsistent statement to impeach inconsistent testimony at trial
3. Deposition of a witness who does not testify can be used if the witness is dead or beyond the court’s subpoena power or otherwise unavailable. It also can be used if the witness is more than 100 miles from the place of trial |
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Term
| 3 situations that can lead to immediate sanctions: |
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Definition
1. Failure to attend your own depositions
2. Failure to respond to interrogatories
3. Failure to respond to requests for discovery
Otherwise, the court will issue an order compelling discovery before imposing sanctions |
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Term
| Plaintiff has a right to one voluntary dismissal at any time: |
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Definition
| Before the defendant serves an Answer or motion for summary judgment |
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Term
| Standard for summary judgment: |
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Definition
| No genuine dispute as to the material facts and the moving party is entitled to judgment as a matter of law; can be used for any part of any claim or defense |
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Term
| Demand for trial by jury must be made within: |
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Definition
| 14 days after service of the Answer |
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Term
| How many peremptory challenges for jurors does each side get? |
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Definition
| 3, but can't be used for race or gender |
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Term
| 4 grounds for a new trial: |
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Definition
1. Error that made judgment unfair
2. Newly discovered evidence
3. Prejudicial misconduct by lawyer, party, or juror, or
4. Excessive verdict |
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Term
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Definition
1. Pure questions of law are reviewed de novo
2. Questions of fact will only be overturned for an abuse of discretion
3. Jury verdicts will be overturned if not supported by substantial evidence |
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Term
| A notice of appeal must be filed with the trial court within how many days of the final order of judgment? |
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Definition
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Term
| Requirements for res judicata: |
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Definition
1. Same parties
2. Same claim
3. Final judgment on the merits |
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Term
| Requirements for collateral estoppel: |
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Definition
1. Same issue of fact
2. Issue was actually decided int he first suit
3. Party to be precluded was a party to the first suit |
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