CIVIL PROCEDURE OUTLINE – SPRING 25

These flashcards cover key concepts in civil procedure focusing on personal jurisdiction, subject matter jurisdiction, and related legal principles.

What are the three requirements to get into federal court?

Personal Jurisdiction, Venue, Subject-matter jurisdiction.

What is personal jurisdiction?

The power of a court to speak the law over the parties involved in the case.

What must an individual have for general jurisdiction in a forum?

Be domiciled in the forum state or be served with process in the forum state.

For corporations, where is general jurisdiction found?

Where the corporation is incorporated or where its principal place of business (PPB) is located.

What is specific jurisdiction?

Jurisdiction that allows a court to hear cases related to a defendant's specific contacts with the forum state.

What does the minimum contacts test require? (not steps)

The defendant must have sufficient minimum contacts with the forum state, such that maintaining the suit does not offend traditional notions of fair play and substantial justice.

What are the two types of tests for establishing personal jurisdiction on individuals who have been served?

Scalia test (Was the defendant present in the forum and served?) and Brennan test (Full minimum contacts analysis).

What are the fairness factors in assessing personal jurisdiction?

Burden on the defendant,

forum state’s interest in adjudicating the dispute,

plaintiff’s interest in convenient relief, and

the interest of interstate judicial systems.

What is subject matter jurisdiction (SMJ)?

The court's power to hear a case based on the nature of the dispute.

What is federal question jurisdiction?

Jurisdiction based on cases that arise under the Constitution, laws, or treaties of the United States. (Component of SMJ)

What is diversity jurisdiction?

Jurisdiction allowing federal courts to hear cases involving parties from different states when the amount in controversy exceeds $75,000. (component of SMJ)

What does the well-pleaded complaint rule require?

The plaintiff's claim must appear on the face of the complaint to invoke federal jurisdiction.

What is the legal certainty test for the amount in controversy requirement?

The party is legally certain the amount in damages will be over 75K (AiC); it must appear that the claim is less than the JD amount to justify dismissal

What is claim preclusion (res judicata)?

A doctrine preventing parties from relitigating claims that were or could have been raised in a previous suit.

What is issue preclusion (collateral estoppel)?

A doctrine that prevents the relitigation of an issue of fact or law that has already been determined in a previous action.

What is nested under PJ?

General JD, Specific JD

What are the steps of Personal JD analysis

1) statutory inquiry

2) Due Process/Minimum Contacts Analysis

What are the 2 general steps of the Due Process/Minimum Contacts analysis?

1) Contacts analysis

2) purposeful availment

a) fairness factors

Under purposeful availment what test do you use for a breach of contract?

Burger king

Under purposeful availment what test do you use for intentional torts?

Calder effects

Under purposeful availment what test do you use for E-commerce?

Be2

Under purposeful availment what test do you use for Products liability?

Stream of commerce

What tests are within the stream of commerce test under purposeful availment?

O’Connor Test & Brennan Test

Under purposeful avialment - stream of commerce test, what is the O’Connor test?

1) placing goods into the stream of commerce, AND

2) An action by D purposefully directed toward the forum state that indicates an intent or purpose to serve the market in the forum state. (Ask for examples)

Under purposeful availment - stream of commerce test, what is the Brennan Test?

1) Placing goods into the stream of commerce, AND

2) awareness that the goods are being marketed in the forum state

Under purposeful avialment, what is the Be2 test?

Used for internet E-commerce. D must target or personally exploit the customers in the forum state on it’s website

Under purposeful availment, what is the Calder Effects test?

Used for intentional torts. Where D acts outside of the state and causes effects within the state if the act was:

1) intentional

2) aimed at the forum state, AND

3) Caused harm that

a. was suffered in the forum state, AND

b. the D knew the harm was likely to be suffered there

Under purposeful availment, what is the Burger King test?

Used in breach of K cases

1) K negotiations and contemplated future consequences/events

2) K terms (choice of law clause, if there is a choice of forum clase that can be dispositve)

3) parties course of dealing during the performance of the Ks

What is a long arm statute?

Under personal jurisdiction. A state’s ability to reach out and grab defendants beyond the state’s borders

What are the steps of inquiry to determine whether a court has PJ over an out of state D?

1) Does the state’s long arm statute confer JD over the OoSD?

2) If the LAS does reach the OoSD: you must determine whether the exercise of PJ over that D comports with due process

How do federal courts use LAS?

They can use the LAS of the state in which they sit to assert PJ over the D

What are the types of LAS?

Enumerated and unenumerated

What is unenumerated LAS?

JD may be exercised over an OoSD as long as it doesn’t violate due process

What type of LAS does California have?

Unenumerated

What is an enumerated LAS?

Statute that lists particular events/activities of D that would authorize the exercise of PJ

How do you analyze an enumerated LAS in a question?

Determine if the events/activities apply to the D, then do the two step inquiry:

• 1) Does the State’s LAS confer JD over the OoSD?  

•  2) If the LAS does reach the OoSD, must determine whether the exercise of PJ over that D comport with due process. 

• Do minimum contacts test 

How do you do SJM analysis

Look at the statute

What are the three ways to establish SMJD?

1) Federal Question JD

2) Diversity JD

3) Supplemental JD

What type of SJM do federal courts have?

Federal courts are courts of limited SMJD, they can only exercise the SMJD that congress gives them

What type of JD do state courts have?

General JD (under PJ) - they can hear almost anything a fed court cannot hear

What is concurrent JD?

cases that can be heard either in state or federal court

What JD do district courts have?

original of all civil actions arising under the constitution or treaties of the US

What is 28 USC §1331

Federal Question JD

what is USC §1332

Diversity JD, amount in controversy

What do you do if there is not a federal question?

You move to the next option - Need to satisfy BOTH the amount in controversy AND diversity under §1332

What are examples of the few instances of exclusive federal JD?

bankruptcy, copyright, patent, IP law

What choice do Ps generally have when they sue to enforce rights granted by federal law under §1331

They can bring their claims in either federal or state court

When does an action not meet the arise under requirement of §1331?

If federal law is only an element of the defense OR if P only anticipates that Ds defense will be based on a fed stat

What is aggregation of claims?

Adding together two or more claims to reach the jurisdiction amount of >$75k

What are the basic five aggregation rules?

1) single P can agg 2+ claims related or unrelated against single D

2) P cannot agg seperate insufficient amounts against 2 Ds

3) P can’t use a suff. claim against B to assert diversity over an insuff claim against C

4) 2 Ps generally cannot agg claims against 1 D if claims are “separate and distinct”

5) If Ps have a joint/common & undivided interest then claims can be aggd.

In Diversity JD what does it mean to have complete diversity?

there cannot be any duplication of states on opposite sides of the v.

What is someones domicile?

1) residence, AND

2) Intention to remain there indefinitely

When is diversity determined?

The day the complaint was filed in court

What is the citizenship of a corporation under §1332( c)(1)?

A corporation is considered a citizen of both the state of incorporation and the state where its principal place of business is located. Same places that it’s subject to general in personam JD

How do you define a corps PPB?

apply hertz test: where is the “nerve center” of corp aka where the officers who make decisions are located. almost always HQ

What are the exceptions to diversity JD?

• suits for divorce, alimony and child custody, even if spouses are of different states

• suits contesting a will (probate)

• collusive joinder not permitted

what is 28 usc §1367

Supplemental JD

What problem does Supplement JD seek to rectify?

What if a fed court has JD over one claim in the complaint, but not another?

What does Suppl. JD allow?

When a fed court had JD over one or more claims in a lawsuit, SUPJD often allows the same court to hear:

• a state law claim over which it would not have JD by itself, and/or

• claims involving parties who could otherwise not be joined in the litigation bc their presence would destroy diversity

then the fed court takes JD over the entire case which claim is apart of

When does Suppl JD exist?

1) the claim over which there is SMJD, and

2) the claim that falls outside the constitutionally enumerated JD of the fed courts are so closely related that the entire action can be seen as one constitutional case

• common nucleus of operative fact = same T/O

What does it mean that Supp JD is discretionary?

If there is a claim under 1331 or 1332, and there is no other reason available to decline to hear the case, the court must hear it

When CAN the court hear the additional claim under 1367(b)?

1) The basis for Fed SMJD includes a federal question, or some other basis besides diversity, OR

2) there is only 1 P and only 1 D, OR

3) a D is the one making the claim over which Supp JD must be exercised

What is §1367( c)

Discretionary factors: the district courts may decline to exercise supplemental JD over a claim under subsection (a)

If the court uses its discretion to dismiss the supplemental claim(s), what happens? (Under 1367(c))

The claim(s) are dismissed without prejudice and can be refiled in state court

What does §1441 govern?

Removal

What is removal?

§1441 the process of moving a case from state court to federal court

Who can remove a case?

Only the defendant

You can only remove a case if…

the federal court could have heard it in the first place (the fed court has SMJ over all the claims in the case)

When can you not remove a case where SMJD is founded solely on diversity?

If any of the served Ds is a citizen of the state in which such action is brought

what does §1446 govern

Effecting removal

What does §1447 govern

challenging removal

What is transfer?

moving a case from one federal court to another

what is remand?

Removing from federal to state - ONLY if it had been removed

What is the great switch?

In 1938 the fed rules of civ pro were written. Before that, fed courts borrowed state court rules of civ pro and made their own common law in diversity cases which was a mess

What rule covers drafting of complaints?

§ 8

What does §12(b) cover?

Motion for dismiss and the different reasons for dismissal

What is 12(b)(6) and why is it important?

Failure to state a claim. It’s the only 12(b) rule that speaks to the merits of the underlying claim

What cases relate to 12(b)(6)?

Twombly and Iqbal - where the well pleaded complaint rule come from

When responding to a complaint, how many defenses do you have under 12(b)

7

What are the defenses to a complaint under 12(b)?

1. lack of SMJD

2. Lack of PJ

3. Improper Venue

4. Insufficient process

5. Insufficient SoP

6. failure to state a claim

7. failure to join a required party

What is goverened by rule 8(c )?

Affirmative defenses to complaints

What does rule 55 govern?

Default judgments - if D fails to respond to complaint

What is a counterclaim and what rule(s) apply?

3(a) & 3(b). When the D responds by asserting claims against the P. A v. B and now B asserts claims against A

What is a crossclaim and what rule(s) apply?

One D suing another D that’s already in the suit. 13(g). Must always be about same T/O

What is a 3rd party claim and what rule(s) apply?

R. 14. a D asserting a claim against a NEW D that D1 brings into the suit. Same t/o

Explain rule 11

Sets ethical standards that govern the papers filed in fed court.

(a) signature

(b) certifying reasonable inquiry

(c ) sanctions

What is Joinder?

The process of consolidating parties or claims into one case. Rules 18-21 & 24

What is a Motion for a Judgment as a Matter of Law?

Rule 50(a): a motion that asks the court to enter a judgment based on the conclusion that no reasonable jury could reach a different conclusion

How are Motions for summary judgment and motions for a judgment as a matter of law different?

Mtn for Sum Jud. are used when there is no dispute of material fact and a jury isn’t needed to decide the case/issue.

Mtn for JaaML asks for a judgment bc no reasonable jury could find for the opposing party.

Both are dispositive.

What is Summary Judgment?

The last exit before trial. You file before trial, happens when there is no dispute over material facts, so there is no need for a jury. Focus on evidence, which is viewed in the light most favorable to the nonmoving party, but not weighed

Can a summary judgment decision be appealed?

If it is granted and the case ends, the losing party can appeal. If denied, it continues to trial and is NOT appealable

Under rule 26, what are the three sets of required disclosures during discovery?

1) initial exchange of information

2) Disclosure of the identity of any expert witnesses

3) required pretrial disclosures

What does rule 26 govern?

discovery

What are the two general appeals?

1) appeal as of right

2) appeal to US supreme court - discretionary review

What are the three standards of review in appeals?

1) clearly erroneous (findings of fact)

2) De novo (conclusions of law)

3) Abuse of discretion (for those decisions committed to the sound discretion of the trial court

What falls under former adjudication?

claim preclusion & issue preclusion

What is the major rule of claim and issue preclusion?

You CANNOT apply claim or issue preclusion against a party who has not had the chance to litigate in court! Due process issue!

What is claim preclusion with relation to complaints?

An affirmative defense under 8(c )

What is the rule for claim preclusion?

CP bars:

1) the relitigation of claims that were litigated in a prior suit, and

2) the litigation of those claims that could have been litigated in that prior suit, by

3) the parties in that prior suit, or those in privity with them, when

4) the prior judgment was (a) final, (b) valid, and (c ) on the merits

How can you defeat the application of claim preclusion?

showing changed circumstances/change in facts since the first case