Civil Procedure

Studicata Attack Outline

What are the two main points that you give you SMJ in federal court?

1. A case arising under federal law

2. Diversity Jurisdiction

What are the two requirements for diversity jurisdiction under SMJ?

1. Complete Diversity

2. Amount in controversy must exceed $75,000

How is citizenship related to diversity determined for individuals and corporations under SMJ?

1. Individual’s citizenship is determined by state or country of domicile

2. Corporations citizen is determined by its state of incorporation and principal place of business

What is the citizenship classification for unincorporated associations?

An unincorporated association/partnership is classified as a citizen of every state in which its members are citizens.

What is supplemental jurisdiction?

Allows a federal court with valid SMJ over a case to hear additional claims over which court would not independently have jurisdiction if claims relate to the same case

How do you know if a claim will have supplemental jurisdiction?

It must arise out of a “common nucleus of operative fact”

What are the requirements to remove a case from state court to federal court?

1. Must have Subject Matter Jurisdiction

   1. Complete Diversity is present;

   2. Amount exceeds $75,000;

   3. Action is brought in a state where no defendant is a citizen

What are the three main traditional bases for personal jurisdiction?

1. Domicile

2. Physical Presence

3. Consent

What are the two main requirements for specific jurisdiction?

1. Exercise of PJ must fall within a state statute - Long Arm Statutes

2. Must satisfy due process clause (Minimum Contacts)

What are the four requirements for the minimum contacts analysis for specific jurisdiction?

1. Contact (Purposeful Availment)

2. Relatedness

3. Fairness

4. Knowledge (Of Defendant)

When does general jurisdiction apply for PJ?

When the defendant is “essentially home”, they can be sued on any claim

How many days does the plaintiff have to serve the defendant after filing?

120 Days

What are three ways that you can serve someone in the US?

1. Delivering a copy to them personally

2. Leaving a copy at their dwelling with someone of a suitable age

3. Delivering a copy to an authorized agent

What are the two ways you can serve someone outside of the US?

1. Using certified mail requiring a signature

2. Delivering a copy to them personally

Who can be served from a business entity?

1. An officer of the corporation 2. A managing agent 3. An authorized representative

What are the three ways that will establish proper venue?

1. Defendant resides in the same state

2. Substantial part of the events/property arose in that state

3. If 1+2 don’t apply: Any district where defendant is subject to PJ
   

How do you determine residence for venue purposes of an individual?

They are deemed a resident of the district where they are domiciled

How do you determine residence for venue purposes of an business?

They “reside” in any district where they are subject to PJ.

How do you determine residence for venue purposes of an foreign individual?

They are deemed a resident of any district where they are subject to personal jurisdiction.

If venue is proper, can the court transfer the case?

Yes, the court can transfer the case for the convenience of parties and witnesses or in the interest of justice.

What are the two steps the court can due if venue is improper?

Dismiss the case or transfer the case to a proper venue.

What is a preliminary injunction?

A court order given before the final resolution of a case, prohibiting a party from taking a specific action that may cause harm or make the final judgment ineffectual.

What four things must a person establish to get a preliminary injunction?

1. Irreparable harm

2. Harm greater than the defendant

3. Probably of success on the merits

4. Best interest of the public

What is a temporary restraining order?

A short-term court order intended to maintain the status quo and prevent immediate irreparable harm until a hearing can be held regarding a preliminary injunction. (Up to 14 days)

What four things must a person establish to get a temporary restraining order?

1. Irreparable harm

2. Harm greater than the defendant

3. Probably of success on the merits

4. Best interest of the public

Two requirements for a court to issue a temporary restraining order without notice?

1. Immediate and irreparable harm will result to movant… and

2. Attorney certifies in writing efforts made to give notice and the reasons why it shouldn’t be required

What are the three requirements for a complaint?

1. Grounds for SMJ

2. Showing that pleader is entitled for relief

3. Demand for judgment for relief

What are the two requirements for an answer to a complaint?

1. Responding to allegations in the complaint

2. Raising any affirmative defenses or counterclaims

When must a plaintiff join an absent party or face dismissal of lawsuit? (Compulsory joinder)

1. They're necessary for complete relief or to protect their interests;

2. The court has personal and subject matter jurisdiction over them;

3. If they can’t be joined due to lack of jurisdiction or other reasons, the court decides whether to proceed or dismiss based on fairness.

If the party is indispensable and can't be joined, the case is dismissed.

What are the two main requirements for discovery?

1. Relevant to the party’s claim or defense

2. Proportional to the needs of the case

Two main requirements for a court limiting discovery?

1. Discovery is unreasonably cumulative

2. Party had ample opportunity to obtain information previously

When is attorney work-product not protected from discovery?

1. Materials are otherwise unavailable,

2. Substantial need for the material, AND

3. Material cannot be obtained without undue hardship

What are the 7 ways to get a 12(b) motion to dismiss?

1. Lack of subject matter jurisdiction 2. Lack of personal jurisdiction 3. Improper venue 4. Insufficient process 5. Insufficient service of process 6. Failure to state a claim upon which relief can be granted 7. Failure to join a necessary party

What is a 12(b)(6) motion for failure to state a claim?

A procedural request made by a defendant to dismiss a complaint on the grounds that it does not allege sufficient facts to establish a claim for which relief can be granted.

What is the two step analysis used to determine if claim did not state a claim under which relief can be granted?

1. Identify and ignore legal conclusions – The court disregards mere conclusory statements or recitations of elements without factual support.

2. Assess factual allegations for plausibility – The court asks whether the non-conclusory facts plausibly suggest a right to relief, not just a speculative possibility.

If the claim lacks plausibility, it gets dismissed.

How long do you have to file a motion for summary judgment after discovery closes?

30 days

What are the two requirements for granting a motion for summary judgment?

1. No genuine dispute of material fact exists, and

2. Moving party is entitled to judgment as a matter of law

What is a judgement as a matter of law?

A motion made during a jury trial, asking the judge to rule in one party's favor because no reasonable jury could find for the other side based on the evidence.

When does a JMOL have to be made?

After the other party has been heard, but before it goes to jury decision

What is the final judgment rule?

A final judgment is a decision by the court on the merits that leaves nothing for the court to do but execute the judgment.

What is res judicata?

The legal doctrine preventing the same issue from being tried again after a final judgment has been made in a case.

What are the three requirements for res judicata?

The three requirements for res judicata are:

1. a final judgment on the merits,

2. the same parties or their privies involved,

3. and the same cause of action being litigated.

What is collateral estoppel?

A legal doctrine that prevents the re-litigation of an issue that has already been judged and determined in a final verdict, provided the issue was essential to the prior judgment.

What are the four requirements to bar an issue under collateral estoppel?

The four requirements to bar an issue under collateral estoppel are: 1. the issue must be the same as one raised in the prior proceeding, 2. the issue must have been actually litigated, 3. it must have been determined by a valid and final judgment, and 4. the determination must have been essential to the prior judgment.

What is the difference between res judicata and collateral estoppel?

Res judicata prevents re-litigation of entire causes of action, while collateral estoppel only bars re-litigation of specific issues that were previously resolved in a final judgment.

What is the collateral order doctrine?

The Collateral Order Doctrine is a narrow exception to the Final Judgment Rule, allowing immediate appeal of certain trial court orders that:

1. Conclusively determine the disputed question;

2. Resolve an important issue completely separate from the merits of the case; and

   Would be effectively unreviewable after final judgment (i.e., waiting would defeat the purpose of the appeal).