Common Law Capstone

What are the four Prongs to determine whether a Federal Question exists?

1. Is the federal issue a substantial federal interest?

2. Is the adjudication of the federal issue necessary?

3. Is the issue actually disputed?

4. If adjudication is permitted in federal court will it alter the allocation of cases in federal and state courts?

Bases for Habeas Corpus Relief and when must an action be brought?

1. Violation of Due Process Clauase of 5A or 14A

2. Violation of prohibition of compelled self-incrimination of 5A or 14A

3. Violation of protection against double jeopardy of 5A or 14A

4. Violation of the right not to be subject to cruel and unusual punishment under 8A.

Must be brought within one year of final judgment of custody.

Amount in Controversy Requirement (Single Defendant)

Greater than $75,000

(May include litigation costs UNLESS defendant can prove to a legal certainty that they will not be available)

Amount in Controversy Majority Rule

Plaintiff's Viewpoint Rule

AIC determined according to the amount sought by Plaintiff.

Amount in Controversy Minority Rule

Either Viewpoint Rule

AIC not necessarily the amount sought or recovered, but rather determined by the value of the consequences which may result from litigation.

Can a single Plaintiff aggregate claims against multiple defendants?

No

Can a Plaintiff aggregate claims to meet the Amount in Controversy against a single Defendant?

Yes, multiple claims may be combined to meet AIC threshold.

Amount in Controversy (Injunction)

1. Injunction's worth to the plaintiff

OR

2. Cost of injunction to the defendant

What determines an individual’s domicile?

1. Physical presence in state

2. Intent to remain in that state indefinitely

When is supplemental jurisdiction available against a single defendant?

If a claim that has no independent basis for SMJ arises out of a common nucleus of operative fact as the anchor claim over which the court would have federal question or diversity jurisdiction.

When is supplemental jurisdiction available against multiple defendants?

If the plaintiff's claims against the defendants are logically related.

When would supplemental jurisdiction be forbidden in a diversity case?

1. If supplemental jurisdiction would destroy complete diversity of the parties in a compulsory joinder or intervention motion.

2. Impleader or permissive joinder cases.

When may a court decline to exercise supplemental jurisdiction?

1. State law claim raises a novel or complex issue of state law;

2. State law claim "substantially predominates" over the claim over which the district court has jurisdiction;

3. The court has dismissed all the claims over which it had jurisdiction; or

4. in "exceptional circumstances," there are other "compelling reasons" to decline jurisdiction.

Who has the right to remove a case to federal court?

Defendant only

When may a case be removed to federal court?

When a case is filed in state court and it could have been brought in federal court due to an amount in controversy of greater than $75K and one of the following applies:

1. Diversity Jurisdiction

2. Federal Question Jurisdiction

3. Supplemental Jurisdiction

What are the diversity requirements for removal?

1. ALL defendants must be diverse from the plaintiff.

2. Amount in controversy greater than $75,000

(See Fraudulent Joinder Rule)

What is the fraudulent joinder rule?

The right to removal will not be defeated if a defendant was fraudulently joined for the purpose of defeating diversity jurisdiction and preventing removal to federal court.

What is the burden to prove fraudulent joinder?

1. There is no possibility the plaintiff would be able to establish a cause of action in state court against the in-state defendant; or

2. There was outright fraud in the plaintiff's pleading of jurisdictional facts

True or False: A defendant has the right to remove a case on diversity grounds if the case was originally filed in state court in the defendant’s home state.

False

What must the defendant include in a notice to the district court for removal?

1. A copy of all pleadings served on the defendant

2. Defendant must notify all adverse parties

3. Defendant must file a copy of the notice with the state court.

When can a Defendant file for removal? What additional limitations exist for Diversity Jurisdiction?

Within 30 days of whenever removal becomes possible

Must be filed within one year of the complaint for Diversity Jurisdiction

What is personal jurisdiction?

Court's power to bind an individual or a company to its judgment

What is subject matter jurisdiction?

The court's power to adjudicate a particular kind of case

What are the conditions of constitutional jurisdiction under a "minimum contacts" analysis?

1. Defendant must have established a minimum contact with the forum state;

2. The claim against the defendant must be related to that contact (i.e., the contacts played a role in causing the lawsuit); and

3. the exercise of jurisdiction must not offend traditional notions of fair play and substantial justice.

What constitutes minimum contacts with a state?

- Defendant causes harm in the state

- Defendant does business in the state

- Defendant has an interest in real property in the state

Note: Defendant does not have to be physically in the state to cause the harm, do the business, or have a property interest, but his contact with the state must be purposely established.

What must a defendant prove to circumvent minimum contacts within the forum state?

That it would be fundamentally unfair to litigate in that state.

Does the amount in controversy matter for Federal Question Jurisdiction?

No, only for Diversity Jurisdiction

What is the Well-Pleaded Complaint Rule?

The federal issue has to be a part of the Plaintiff’s claim in order for federal jurisdiction to apply.

If a federal issue is raised in a Defendant’s answer, does that satisfy the Well Pleaded Complaint Rule?

No

If a Plaintiff attempts to preempt an anticipated federal defense in their complaint by naming a federal statute, is that enough to satisfy the Well-Pleaded Complaint Rule?

No

How is citizenship established for an individual?

Domicile

How is citizenship/domicile established for a Corporation?

By its state of incorporation and principal place of business.

How is citizenship established for a Partnership?

Every state in which the individual partners are citizens

Who can remove a case to Federal Court?

Defendant only

What is the In State Defendant Rule?

A defendant may not remove a case to federal court if the case is filed in state court in the defendant’s home state.

Where does a case go when a Defendant files for removal?

The case is transferred to the federal district court in the state where the original case was brought

True or False: If jurisdiction for the anchor claim is based on diversity, the original plaintiff will be granted supplemental jurisdiction.

False

When is a plaintiff’s claim eligible for supplemental jurisdiction?

When the anchor claim arises under federal question jurisdiction.

If jurisdiction for the anchor claim is based on diversity, will the original plaintiff be granted supplemental jurisdiction? Why or why not?

No. If a claim qualifies for diversity jurisdiction based on complete diversity and AIC, then the court will have original jurisdiction. The court will not seek to unnecessarily aid a plaintiff’s claim that does not otherwise qualify for diversity jurisdiction.

What sources dictate whether a state has Personal Jurisdiction over a defendant?

1. Long Arm Statute

2. Constitutional Standard (Minimum Contacts)

What are the traditional bases for personal jurisdiction?

1. Tag Jx (Service of process in the forum state)

2. Domicile in the forum state

3. Consent/Waiver (Contract or failure to challenge before filing Answer)

What is the Constitutional Standard for Personal Jurisdiction?

Defendant must have such minimum contacts with the forum state such that jurisdiction over them would not offend traditional notions of fair play and substantial justice.

What are the three parts of the minimum contacts test?

1. Purposeful availment

2. Lawsuit arises from contacts with the forum state

3. Reasonableness

What is purposeful availment?

Purposefully, intentionally and deliberately directing contact toward the forum state, thus the defendant should reasonably anticipate being called into court in the forum state.

What are the four fairness factors that determine whether jurisdiction would transcend the traditional notions of fair play and substantial justice?

1. Burden on the Defendant

2. State interest in having the lawsuit

3. Plaintiff’s interest in having the suit in the forum state

4. System efficiency (where are the evidence and witnesses?)

To whom does General Personal Jurisdiction apply?

Only corporations

What is the test for General PJ?

Does the defendant have such substantial systematic and continuous contact that it essentially feels at home in the forum state?

• If domiciled in state (SOC or PPB), YES

• Otherwise, no.

What are the three situations when venue is appropriate?

1. In a district where any Defendant resides (as long as all Defendants reside in the same state)

2. Where a substantial part of the events giving rise to the cause of action occurred

3. For Corporations: In any district in which it is subject to Personal Jurisdiction

What is the Erie Doctrine?

When a federal court hears a state law claim in a case based on Diversity or Supplemental Jx, they must apply the substantive law of the state in which the court sits.

What are the two required criteria for the Erie Doctrine to apply?

1. The court must have SMJ over a case based on diversity or supplemental jurisdiction

2. The state law that would apply must conflict with the federal rule, statute, doctrine or procedure at issue

Under Erie, what provision must a court apply if a valid federal statute or constitutional provision is on point?

The court must apply the relevant provision regardless of whether it is procedural or substantive UNLESS the federal rule bridges, modifies, or enlarges a substantive right.

Under Erie, what provision must a court apply if no valid federal statutory or constitutional law is on point?

The court will apply state substantive law and federal procedural law.

In a diversity action, is the statute of limitations a procedural or substantive provision (i.e., will the court apply federal or state SOL?)

Substantive (state)

In a diversity action, what choice-of-law rules will the federal court apply?

The rules of the state in which the court is located.

What are the three criteria for a proper complaint?

1. Short and plain statement of the grounds for the court’s jurisdiction

2. Short and plain statement of the claim showing that pleader is entitled to relief

3. Demand for relief sought

When must an answer (or pre-answer motion) be filed if service is not waived?

Within 21 days of service of process

When must an answer (or pre-answer motion) be filed if service is waived?

Within 60 days after the request for a waiver was sent (90 days for defendants outside the United States).

When must a defendant file an answer if they file a denied pre-answer motion?

Within 14 days of the denial

What is the doctrine of relation back?

The court will treat an amendment to a pleading as though it had been filed with the original pleading.

When must leave to amend a pleading be given?

It must be freely given when justice requires.

What will a court consider when deciding whether to grant a request to amend a pleading?

1. The reason for the delay in raising the matter to be raised by the amendment; and

2. The prejudice to the opposing party caused by the delay.

What are the 7 grounds on which a person can file a motion to dismiss? When can they be raised?

1. Lack of SMJ (Any time, even on appeal)

2. Lack of PJ (MUST BE ON FIRST RESPONSE)

3. Improper venue (MUST BE ON FIRST RESPONSE)

4. Insufficient process (MUST BE ON FIRST RESPONSE

5. Insufficient service of process (MUST BE ON FIRST RESPONSE)

6. Failure to state a claim upon which relief can be granted (Any time before the trial ends)

7. Failure to join a party under Rule 19 (Any time before the trial ends)

In a diversity case, claims under what rules will disallow a Federal Court’s supplemental jurisdiction if supplemental jurisdiction would destroy complete diversity?

1. A claim by a plaintiff proposed to be joined under Rule 19 (Compulsory Joinder)

2. A claim by a plaintiff seeking to intervene under Rule 24

In a diversity case, under what rules is supplemental jurisdiction forbidden?

1. Rule 14 (Impleader)

2. Rule 19 and 20 (Permissive Joinder)

3. Rule 24

What pre-trial motions must be made on the defending party’s first response to the court?

• Lack of Personal Jurisdiction

• Improper venue

• Insufficient process

• Insufficient service of process

What does the Eleventh Amendment prohibit?

Prohibits the citizens of one state from suing their own state or another state in federal court on federal claims for money damages or an injunction without the state’s consent.

True or false: States have sovereign immunity from suits by citizens for damages in their own state courts, unless such sovereign immunity is waived.

True

True or false: The Eleventh Amendment only applies to Diversity suits.

False. The Eleventh Amendment applies to both Diversity and Federal Question cases.

What is governmental immunity?

The concept that the government cannot be sued without its consent.

Does governmental immunity extend to subdivisions of a state (e.g., cities, towns, and counties)?

No it does not.

Can Congress use their enumerated powers under Article I to legislate an act to circumvent states’ Eleventh Amendment protections?

No

What are the three exceptions to the Eleventh Amendment?

1. Suits against state officials for abusing their power in enforcing an unconstitutional state statute.

2. Federal suits brought by one state against another state, or suits brought by the federal government against a state

3. Most suits for injunctions brought against state officials

How may a state consent to suit in federal court?

It must either:

• expressly and unequivocally waive its Elevent Amendment immunity; or

• Voluntarily invoke a federal court’s jurisdiction.

If a state infringes a patent or copyright, can the state be sued by a private party?

No

If a private plaintiff sues a state official, what type of relief are they allowed?

Injunctive relief only

What is a “case or controversy”?

A real and substantial dispute that touches the legal relations of parties having adverse interests and that can be resolved by a judicial decree of a conclusive character.

If the president or Congress asks SCOTUS to advise on the constitutionality of proposed action or legislation, will SCOTUS do so?

No, the Supreme Court will not give advisory opinions.

May a state court render an advisory opinion?

Yes

What is a declaratory judgment?

A decision in which the court is requested to determine the legality of proposed conduct without awarding damages or injunctive relief.

What bar must the plaintiff meet to request a declaratory judgment?

The plaintiff must meet the case or controversy tests, as well as the RAMPS requirements

What five factors determine whether Federal Court Jursidiction applies? (RAMPS)

Ripeness

Abstention & Adequate State Grounds

Mootness

Political Questions

Standing

When is a controversy or matter moot?

If the controversy or matter has already been resolved at any point in or prior to the litigation.

What happens if a case is moot?

The case will be dismissed unless a party still has an interest in resolving collateral (or lesser) matters.

What is the voluntary cessation doctrine and the reason behind it?

If a defendant voluntarily ceases a challenged practice, it does not deprive a federal court of its power to determine the legality of that practice. Otherwise, dismissing a case as moot would leave the defendant “free to return to his old ways.”

What is ripeness?

The question of whether a claim has fully developed

Can a court review or grant a declaratory judgment of a state law before it is enforced or if there is no real threat it the statute will ever be enforced?

No

When may a federal court abstain from a particular case?

When undecided issues of state law are presented.

State courts are permitted to resolve issues of state law, and federal courts will provide deference to the state court system.

What three things must be met to qualify for standing?

1. Injury-in-fact

2. Causation

3. Redressability

What is injury-in-fact?

A direct and personal injury, actual or imminent, caused by the action that the plaintiff is challenging.

What constitutes causation for the purposes of standing?

The injury must be caused by the violation of a duty affecting the plaintiff’s rights arising under the Constitution or federal law.

What is redressability?

The plaintiff’s ability to show that he will benefit from the remedy sought in the litigation.

Under the traditional view, a litigant lacks standing to assert the rights of third parties not before the court. In what situation would this be allowed?

When the litigant himself has suffered injury and:

1. A special relationship exists between the claimant and third party because of the connection between the interests of the claimant and the constitutional rights of the third person; and

2. the third party is unable or finds it difficult to bring the suit on his own behalf

What is a political question?

A matter assigned to another branch by the Constitution or incapable of a judicial answer.

What are the six factors to determine whether the political question doctrine applies?

1. Whether there is a textually demonstrable constitutional commitment of the issue to a coordinate branch of the federal government

2. A lack of judicially discoverable and manageable standards for resolving the question

3. Impossibility to decide without a nonjudicial policy determination

4. Impossibility to resolve without expressing a lack of respect to other branches of government

5. An unusual need to adhere to a political decision already made by another branch; and

6. the potential for embarrassment from multifarious pronouncements by various departments on one question

True or false: A claim that a state has redrawn its electoral districts in a racially discriminatory matter is a political question

False

True or False: A claim that a state has redrawn electoral districts to benefit one political party is a political question.

True

Under Article III, over what cases does SCOTUS have original jurisdiction?

All cases affecting ambassadors, other public ministers and consuls and those in which a state shall be a party.

How will SCOTUS decide a state law question in a diversity action if the state court has already interepreted a state law?

They will defer to the existing state court interpretation of state law

How will SCOTUS decide a state law question in a diversity action if the law has not already been interpreted by a state court?

They will interpret it based on the Supreme Court’s prediction of how the state court will interpret the statute

How will SCOTUS decide a state law question in a diversity action if the state court’s interpretation of unsettled law could end the dispute and SCOTUS cannot predict how the state court will rule?

They will abstain from the decision.