Civil Procedures Federal Rules and Statutes of SMJ and Supplemental Jurisdiction

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Last updated 2:14 PM on 9/3/26
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33 Terms

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Rule 12(b)(6)

Permits a defendant to request dismissal of a lawsuit because the plaintiff's complaint fails to state a legal claim upon which the court can grant relief

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Rule 12(h)(3)

Requires the court to dismiss an action at any point in the litigation timeline if it determines it lacks subject-matter jurisdiction

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Rule 14(a)

Authorizes a defendant to bring a third-party defendant (impleader) into the case who is or may be accountable to the defendant for all or part of the plaintiff’s claims against them

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Rule 18(a)

Allows a party asserting a claim to join as many additional claims as they have against an opposing party, even if those claims are completely unrelated

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Rule 26

Requires parties to meet at the outset of a case to arrange the exchange of information and mandates the automatic disclosure of certain categories of information

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Rule 30

Governs depositions (taking witness testimony under oath), which lawyers view as the most effective discovery device.

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Rule 33

Authorizes parties to send written interrogatories to other parties, though these cannot be used to obtain information from non-party witnesses

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Rule 34

Allows a party to send requests to other parties for the production of documents (specified by category) or to enter land to inspect tangible things.

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Rule 35

Authorizes a party to conduct a physical or mental examination of another party when their condition is at issue in the lawsuit; this intrusive tool requires a court order

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Rule 82

Explicitly provides that the Federal Rules of Civil Procedure do not extend or limit the subject-matter jurisdiction of the federal district courts.

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Rule 83

Authorizes judges in each federal district to adopt local rules to govern the specific details of practice within that district.

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U.S. Constitution, Article I, Section 8, Clause 18 (Necessary and Proper Clause)

Grants Congress the power to enact statutes regulating procedure in the federal courts, provided they do not contradict the Constitution.

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U.S. Constitution, Article III, Section 2, Clause 1

Establishes the constitutional boundaries of federal judicial power, extending it to nine specific categories of "cases" and "controversies" (including federal questions and diversity of citizenship).

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28 U.S.C. Section 1331

Grants federal district courts original jurisdiction over all civil actions "arising under" the Constitution, laws, or treaties of the United States (Federal Question Jurisdiction)

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28 U.S.C. Section 1332(a)

Grants diversity jurisdiction over civil actions where the amount in controversy exceeds $75,000 (excluding interest and costs) and the dispute is between citizens of different states or a state citizen and a foreigner

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28 U.S.C. Section 1332(c) (1)

Defines corporate citizenship, establishing that a corporation is a citizen of both the state of its incorporation and the state where it has its principal place of business.

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28 U.S.C. Section 1338(a)

Grants federal courts exclusive jurisdiction over patent, plant variety protection, and copyright claims.

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28 U.S.C. Section 1367

Governs supplemental jurisdiction

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Section 1367(a)

Grants federal courts supplemental jurisdiction over related state-law claims that form part of the same Article III case or controversy (sharing a common nucleus of operative fact)

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Section 1367(b)

Strips supplemental jurisdiction over certain claims by plaintiffs in diversity-only cases to protect the complete diversity requirement.

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Section 1367(c)

Permits federal courts to decline supplemental jurisdiction based on discretionary factors (e.g., if the federal claim is dismissed early, or if the state claim is novel/complex or substantially predominates)

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28 U.S.C. Section 1454(a)

Allows either party (plaintiff or defendant) to transfer (remove) patent, plant variety protection, or copyright claims from state court to federal court

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28 U.S.C. Section 2201–2202

Governs declaratory judgments, allowing federal courts to declare the legal relationships of parties in an actual controversy and grant further necessary relief.

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The Complete Diversity Rule

Requires that no plaintiff share state citizenship with any defendant.

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The Domicile Test

Determines a natural person's state citizenship based on physical presence in a state plus the intent to remain there indefinitely.

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The Principal Place of Business (Hertz Corp. v. Friend)

Establishes that a corporation's principal place of business under section 1332(c)(1) is the single location where its high-level officers direct, control, and coordinate operations (typically its corporate headquarters).

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The Well-Pleaded Complaint Rule (Louisville & Nashville R.R. v. Mottley)

Requires that a federal question appear on the face of the plaintiff’s properly pleaded complaint; anticipated federal defenses or counterclaims do not create federal jurisdiction.

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The Holmes Test

Dictates that a suit “arises under federal law” if the law that creates the plaintiff’s cause of action is federal.

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The Smith Test

Establishes that a state-law claim can arise under federal law if the right to relief is directly linked to resolving a substantial, disputed federal issue.

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The Gibbs Test (United Mine Workers v. Gibbs)

Holds that a federal court has the constitutional power to hear a state claim if it shares a "common nucleus of operative fact" with a proper federal claim.

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The St. Paul Mercury Test (Legal Certainty Test)

Dictates that a plaintiff's good-faith claim for damages controls the amount-in-controversy requirement unless it is a "legal certainty" that the plaintiff cannot recover more than $75,000.

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Claim Preclusion

Bars a party from suing a defendant again on the same claim once a court has rendered a final decision on the merits.

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Issue Preclusion (Collateral Estoppel)

Precludes parties from relitigating factual or legal issues that were already actively litigated, decided, and necessary to a judgment in a prior action.