Civil Procedure

92 flashcards by MentisLibrary

How a federal case actually moves, from personal jurisdiction through preclusion. Each card cites the FRCP number or statute practitioners really quote, plus the case that fixed the standard.

What are the two constitutional requirements for personal jurisdiction?
Minimum contacts with the forum such that jurisdiction does not offend traditional notions of fair play and substantial justice, plus constitutionally adequate notice and an opportunity to be heard
What is the difference between general and specific personal jurisdiction?
General jurisdiction allows any claim against a defendant at home in the forum; specific jurisdiction requires that the claim arise out of or relate to the defendant's forum contacts
Where is a corporation at home for general jurisdiction?
Its place of incorporation and its principal place of business, absent the exceptional case where operations elsewhere are so substantial as to render it at home there
What is purposeful availment?
The defendant must have deliberately reached into the forum to take advantage of its benefits and protections, so that being haled into court there is foreseeable
Does putting a product into the stream of commerce create jurisdiction where it causes injury?
The Court has not settled it. World-Wide Volkswagen required purposeful availment, and Asahi split between mere awareness and additional conduct directed at the forum
Must the plaintiff's claim be caused by the defendant's forum contacts?
No. Specific jurisdiction requires that the claim arise out of or relate to the contacts, and the second phrase does not demand strict causation
What are the fairness factors after minimum contacts are shown?
The burden on the defendant, the forum state's interest, the plaintiff's interest in convenient relief, the interstate judicial system's interest in efficiency, and shared state substantive policies
Does serving a defendant while physically present in the forum still confer jurisdiction?
Yes. Transient or tag jurisdiction over an individual served in the state remains constitutional
What does due process require of notice?
Notice reasonably calculated under all the circumstances to apprise interested parties of the action and afford them an opportunity to object
How may an individual be served under the federal rules?
Personal delivery, leaving copies at the dwelling with a suitable person of suitable age and discretion residing there, delivery to an authorized agent, or any method allowed by the law of the forum state or the state where service is made
How long does a plaintiff have to serve the summons and complaint?
90 days after the complaint is filed, or the court must dismiss without prejudice or order service within a specified time, unless the plaintiff shows good cause
What is the 100-mile bulge rule?
A federal court may exercise personal jurisdiction over a party joined under Rule 14 or 19 who is served within 100 miles of the courthouse, even across a state line
What are the two main bases of federal subject matter jurisdiction?
Federal question jurisdiction and diversity of citizenship jurisdiction
What is the well-pleaded complaint rule?
Federal question jurisdiction exists only if the federal issue appears on the face of the plaintiff's properly pleaded complaint, not from a defense or an anticipated defense
When does a state law claim arise under federal law?
When a federal issue is necessarily raised, actually disputed, substantial, and capable of resolution in federal court without disturbing the federal-state balance
What are the two requirements for diversity jurisdiction?
Complete diversity of citizenship between all plaintiffs and all defendants, and an amount in controversy exceeding 75,000 dollars exclusive of interest and costs
How is an individual's citizenship determined for diversity?
By domicile: physical presence in a state plus the intent to remain indefinitely
How is a corporation's citizenship determined for diversity?
It is a citizen of every state of incorporation and of the one state where it has its principal place of business, meaning its nerve center where officers direct and control activities
May a plaintiff aggregate claims to meet the amount in controversy?
A single plaintiff may aggregate all claims against a single defendant; multiple plaintiffs generally may not aggregate separate claims unless enforcing a single common undivided interest
What is supplemental jurisdiction?
Authority to hear additional claims so related to the anchor claim that they form part of the same case or controversy, meaning a common nucleus of operative fact
What is the diversity-destroying limit on supplemental jurisdiction?
In a case founded solely on diversity, there is no supplemental jurisdiction over claims by plaintiffs against persons joined under Rules 14, 19, 20, or 24 when that would defeat complete diversity
When may a defendant remove a case to federal court?
When the case could originally have been filed in federal court, by all properly joined and served defendants, within 30 days of receiving the first removable pleading
What is the one-year limit on removal?
A case not initially removable may not be removed on diversity grounds more than one year after commencement, unless the plaintiff acted in bad faith to prevent removal
How does a plaintiff challenge an improper removal?
By moving to remand within 30 days for defects other than subject matter jurisdiction; a lack of subject matter jurisdiction requires remand at any time before final judgment
Where is venue proper in a federal civil action?
In a district where any defendant resides if all reside in the same state, in a district where a substantial part of the events or omissions occurred or property is situated, or as a fallback where any defendant is subject to personal jurisdiction
What is the difference between Section 1404 and Section 1406 transfer?
Section 1404(a) transfers from a proper venue for convenience and in the interest of justice; Section 1406(a) transfers or dismisses when venue is improper
What is forum non conveniens?
Discretionary dismissal when the far more appropriate forum is one to which the case cannot be transferred, typically a foreign country, and an adequate alternative forum exists
What does Erie Railroad v. Tompkins hold?
In diversity cases federal courts must apply state substantive law, because there is no federal general common law
What is the outcome determinative test, and how was it refined?
Guaranty Trust asked whether applying federal law would significantly affect the outcome; Byrd added a balancing of federal interests, and Hanna refined it to whether the difference would affect forum shopping or inequitable administration of the laws
What is the Hanna analysis when a Federal Rule of Civil Procedure is on point?
If a valid Federal Rule directly conflicts with state law, the Federal Rule applies so long as it is arguably procedural and within the Rules Enabling Act