Civil Procedure Essay Workshop – Core Exam Concepts

Question-and-Answer flashcards covering the major Civil Procedure topics emphasized in the lecture, including subject-matter jurisdiction, personal jurisdiction, venue, Erie doctrine, pleadings, joinder, discovery, trial motions, and preclusion.

What are the three primary bases for federal Subject-Matter Jurisdiction (SMJ)?

(1) Federal-question jurisdiction; (2) Diversity jurisdiction; and (3) Supplemental jurisdiction.

Under the well-pleaded complaint rule, when does a federal court have federal-question jurisdiction?

Only when the federal issue appears on the face of the plaintiff’s properly pleaded complaint; a federal defense is not enough.

What two requirements must be met for complete diversity jurisdiction?

(1) Complete diversity between plaintiffs and defendants at the time the suit is filed; (2) Amount in controversy exceeds $75,000 exclusive of interests and costs.

How is an individual’s citizenship determined for diversity purposes?

By the individual’s domicile—presence in a state with intent to remain indefinitely.

How is a corporation’s citizenship determined for diversity purposes?

A corporation is a citizen of (1) every state where it is incorporated and (2) the one state where it has its principal place of business.

When may a federal court exercise supplemental jurisdiction over an additional claim?

When the additional claim arises out of a common nucleus of operative fact with the claim that invoked original federal jurisdiction.

Name one situation in which a court may decline supplemental jurisdiction.

When the state-law claims substantially predominate, or the original federal claims are dismissed early, or other compelling reasons exist.

What is the 30-day rule for removal?

A defendant must file a notice of removal within 30 days of receiving (through service) the initial pleading that makes the case removable.

What additional restriction applies to removal based solely on diversity jurisdiction?

No defendant may be a citizen of the state in which the state action was filed (the “forum-defendant rule”).

List the traditional bases for personal jurisdiction.

(1) Service while voluntarily present in the forum; (2) Domicile in the forum; (3) Consent to jurisdiction.

What two prongs make up the constitutional test for long-arm personal jurisdiction?

(1) Minimum contacts (purposeful availment + relatedness); (2) Fair play and substantial justice (fairness factors).

Differentiate specific and general personal jurisdiction.

Specific PJ: claim arises out of defendant’s contacts with the forum. General PJ: defendant is essentially at home in the forum (individual—domicile; corporation—place of incorporation or PPB).

What are the factors under the fairness prong of Due process?

(1) Forum state’s interest;

(2) Burden on the defendant;

(3) Judicial system’s interest in efficiency;

(4) Shared policy interests of the states.

Identify the three statutory venue options in federal court.

(1) A district where any defendant resides if all defendants reside in the same state; (2) Where a substantial part of the events or property is located; (3) If neither applies, any district where any defendant is subject to personal jurisdiction.

What four questions should be asked when considering a transfer of venue?

(1) Is there personal jurisdiction in the transferee forum? (2) Is there subject-matter jurisdiction? (3) Is venue proper there? (4) Is transfer in the interest of justice?

Under Erie, what law applies in diversity cases for substantive vs. procedural issues?

State substantive law and federal procedural law.

Give an example of a state rule considered substantive for Erie purposes.

Statutes of limitation; rules altering damage calculations; evidentiary privilege rules.

What must a party show to receive a Temporary Restraining Order (TRO)?

(1) Immediate and irreparable injury without the TRO; (2) Effort to give notice or good reason why notice should not be required.

List the four elements a plaintiff must establish for a Preliminary Injunction.

(1) Likelihood of success on the merits; (2) Likelihood of irreparable harm absent injunction; (3) Balance of equities favors the movant; (4) Injunction is in the public interest.

Who may be served on behalf of a corporation under Rule 4?

An officer, managing agent, general agent, or agent authorized by appointment or law.

Which Rule 12(b) defense can be raised at any time, even on appeal?

Lack of subject-matter jurisdiction.

When must a defendant raise lack of personal jurisdiction, improper venue, or insufficient service?

In the first Rule 12 pre-answer motion or, if no motion is filed, in the answer, or the defenses are waived.

Under Rule 15, when may a plaintiff amend once as a matter of right?

Within 21 days after serving the complaint or within 21 days after a responsive pleading or Rule 12 motion is served.

What is required for a new claim to relate back under Rule 15?

The original complaint was timely, and the new claim arises out of the same transaction or occurrence.

Under Rule 11, what certification does an attorney make by signing a pleading?

That the filing is not for an improper purpose, the legal contentions are warranted, and factual contentions have or will likely have evidentiary support.

State the three prerequisites for compulsory joinder of a party under Rule 19.

(1) The party is necessary; (2) Court has personal jurisdiction over the party; (3) Joining the party will not destroy subject-matter jurisdiction.

When is a party “necessary” under Rule 19?

If complete relief cannot be accorded without the party, or the party’s absence may impair its interests or risk multiple/inconsistent obligations.

What is a cross-claim under Rule 13(g)?

A claim by one party against a co-party that arises out of the same transaction or occurrence as the original action.

What is required for impleader under Rule 14?

A defending party may bring in a third party who may be liable to the defendant for all or part of the plaintiff’s claim; the claim must relate to the original action and there must be SMJ.

List the two types of intervention under Rule 24.

(1) Intervention of right; (2) Permissive intervention.

What is the basic scope of discovery under Rule 26(b)(1)?

Any non-privileged matter relevant to a claim or defense and proportional to the needs of the case, regardless of admissibility.

Explain the work-product doctrine.

Documents and tangible things prepared in anticipation of litigation are protected; they are discoverable only on showing substantial need and undue hardship to obtain the equivalent.

Can a party ever obtain an attorney’s mental impressions or opinions?

No. Opinion work product is absolutely privileged.

When can a party compel a physical or mental examination?

On good cause shown when the party’s physical or mental condition is in controversy, via court order.

What is a summary judgment motion and when is it granted?

A Rule 56 motion asserting no genuine dispute of material fact and entitlement to judgment as a matter of law; granted when the movant meets that burden.

Within how many days must a party demand a jury trial after the last pleading?

Within 14 days of service of the last pleading directed to such issue.

When may a motion for Judgment as a Matter of Law (JMOL) be made?

During trial—after the opposing party has been fully heard on an issue (traditionally after plaintiff’s case or after all evidence).

What is a Renewed JMOL (JNOV) and its timing requirement?

A post-verdict motion asking the court to set aside the jury’s verdict; it can be made only if JMOL was requested during trial, and must be filed within 28 days after entry of judgment.

What generally must exist before an appeal may be taken?

A final judgment that ends the litigation on the merits for all parties.

Name one order that is immediately appealable despite being interlocutory.

An order granting or denying an injunction.

State the three elements of claim preclusion (res judicata).

(1) Same claimant and same defendant; (2) Prior case ended in a valid final judgment on the merits; (3) Same claim is asserted in the second suit.

List the four requirements for issue preclusion (collateral estoppel).

(1) Identical issue; (2) Actually litigated and decided; (3) Necessary to the judgment; (4) Party against whom it is asserted was a party or in privity in the prior case, and application is fair.

What are the two minimum requirements for federal removal jurisdiction?

(1) The case could have been filed in federal court (SMJ exists); (2) All defendants join or consent to removal.

Under Rule 26, what duty do parties have regarding electronically stored information (ESI)?

To take reasonable steps to preserve relevant ESI once litigation is reasonably anticipated, or face possible sanctions.

What sanctions may a court impose for willful destruction of ESI?

Presume lost information is unfavorable, instruct the jury on the presumption, dismiss the action, or enter default judgment.

What standard must be met for an expert’s report from a non-testifying expert to be discoverable?

Exceptional circumstances under which the party seeking discovery cannot obtain equivalent information by other means.

Describe the relation-back requirements for adding a new defendant under Rule 15(c).

(1) Same transaction or occurrence; (2) New defendant received notice within 90 days of filing; (3) Defendant knew or should have known it would have been sued but for a mistake.

When is permissive intervention allowed?

Nonparty is granted a conditional right under federal statute; or

Nonparty has a claim or defense related to the original cause of action

Define a TRO’s typical time limit.

A TRO issued without notice typically expires within 14 days unless extended for good cause or the adverse party consents to a longer period.

What is the Seventh Amendment threshold for the right to a jury trial in federal civil cases?

Actions at law with an amount in controversy exceeding $20.

For a Rule 12(b)(6) motion, what is the standard the court applies?

Whether the complaint states a plausible claim for relief assuming the truth of well-pleaded factual allegations and drawing reasonable inferences in plaintiff’s favor.