Civ Pro terms to memorize

International shoe min. contacts

A defendant must have certain minimum contacts with the forum state so that the suit does not offend traditional notions of fair play and substantial justice

Personal jurisdiction basic rule

Defendant must purposefully avail itself of the privelege of conducting activities within the forum state

for general jurisdiction to apply…

Affiliations with the state must be so continuous and systematic as to render it essentially at home in the forum state.

“At home” comparative analysis

General jurisdiction calls for an appraisal or a corporation’s activities in their entirety, nationwide and worldwide

VW Factor 1

Burden on the defendant

VW Factor 2

Forum state’s interest in adjudicating the dispute

VW Factor 3

Plaintiff’s interest in obtaining convenient and effective relief

VW Factor 4

Interstate judicial system’s interest in obtaining the most efficient resolution of controversies

VW Factor 5

Shared interest of the several states in furthering fundamental substantive social policies

Specific Jurisdiction

Suit must arise out of or relate to the defendant’s contacts with the forum.

Notice

Notice must be reasonably calculated to notify interested parties of the actions taking place and afford them an opportunity to present their objections

Days to respond to a complain (normal)

21 days

Days to respond to a complaint (waived service)

60 days

Enumerated Long Arm Statutes

Courts specify exactly what situations that non-residents would be subject to personal jurisdiction

Unnenumerated Long Arm Statutes

Personal jurisdiction over non-residents exercised to the limits of the U.S. Constitution

Residential Venue

A judicial district in which any defendant resides if all defendants are residents of the state in which the district is located

Transactional venue

A judicial district where a substantial part of the events giving rise to the claim occured

Fall Back Venue

If there is no district where residential or transactional venue can be situated, any judicial district in which any defendant is subject to personal jurisdiction can be the venue

Cure or waiver of venue defects

A district court can dismiss a case in improper venue, or transfer to a proper court if in the interest of justice

Forum non conveniens

A court can dismiss a case even if it has proper jurisdiction when there is a more appropriate forum for the case.

Forum selection clause

Forum selection clauses should be enforced unless there are extraordinary circumstances unrelated to the convenience of the parties

Diversity subject matter jurisdiction

The district courts shall have original jurisdiciton of all civil actions where the matter in controversy exceeds the sum or value of $75,000 and there is complete diversity

SMJ Sua sponte

If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action

Well-pleaded complaint

Plaintiff’s initial claim must raise a federal question.

Complete diversity

For complete diversity, no defendant can have the same domicile as any plaintiff.

Domicile assessment

Domicile of a citizen or permanent citizen is the physical presence in a state with intent to remain there indefinitely, and is assessed at the time the complaint is filed.

Corporate Citizenship

A corporation is a citizen of every state and foreign state where it incorporated and where it has its principal place of business

Principal Place of business

The PPB is the nerve center where the corporation’s high level officers direct, control, and coordinate the corporation’s activities.

Supplemental jurisdiction

If the district court has FQ jurisdiction, they have supplemental jurisdiction over non-diverse state claims that are so related to the claims in the FQ action that they form part of the same case of controversy.

Jurisdictional hook

There must be a jurisdictional hook, at least one claim over which the federal court has SMJ

Relatedness

Non-diverse state law claims must be so related that they form the same case or controversy and come from a common nucleus of operative facts

Reason 1 to decline Supp. jdx (novel)

The claim raises a novel or complex issue of state law

reason 2 to decline supp. jdx (Federal tail)

The claim substantially predominates over the claim or claims that the district court has original jurisdiction

Reason 3 to decline supp. jdx (dismiss)

The district court has dismissed all claims over which it has original jurisdiction

Removal

If a case could have been filed in federal court because SMJ exists, it can be removed by the defendant

Forum defendant rule

If diversity is the basis of removal, a case cannot be removed if one of the defendants is a resident of the forum state

Limited expansion of general rule

If a case in state court contains multiple claims and the entire action is removed, state claims that cannot be heard are severed remanded to state court.

How long does a defendant have to remove a case once served

30 days

Consenting to a removal

Each defendant gets a 30 day clock from service to remove. If one defendant misses the dealine, they can still consent to removal if the other party removes.

How long is removal allowed to happen

One year after suit is commenced

FRCP 12(b)

Pre-trial motions

FRCP 12(b)1

Lack of subject matter jurisdiction

FRCP 12(b)2

Lack of personal jurisdiction

FRCP 12(b)3

Improper venue

FRCP 12(b)5

Insufficient service of process

FRCP 12(b)(6)

Failure to state a claim upon which relief can be granted

Erie Doctrine

Federal court applies state substantive law and federal procedural law.

Preemption Rule

When a federal statute or FRCP applies, federal court must apply federal statute over a conflicting state law

Pleading (1)

A pleading must contain a short and plain statement of the grounds for the court’s jurisdiction unless the court already has jurisdiction

Pleading (2)

A short and plain statement showing that the pleader is entitled to relief

Pleading (3)

Demand for relief sought, which may include relief in the alternative or different types of relief.

Twiqbal

A complaint must contain enough factual allegations to make the claim plausible on its face, not only possible or speculative

Applying Twiqbal

Identify and ignore conclusions/ conclusory statements, Accept the remaining factual allegations as true and determine whether they plausibly give rise to relief.

Sanctions

If pleading is presented for any improper purpose such as to harrass, cause unnecessary delay, or needlessly increate the cost of litigation, attorney and party may be sanctioned.

In responding to a pleading, a party must

In responding to a pleading, a party must state in short and plain terms its defenses to each claim asserted against it and admit or deny the allegations asserted against it by an opposing party.

Affirmative defenses

Defenses raised by a defendant that would negate liability even if they did what they are being accused of

A party may amend its pleading (matter of course)

Once as a matter of course befor trial within 21 days of serving or 21 days of recieving a response or a pre-trial motion is filed

A party may amend its pleading (other)

With written permission fro the opposing party or the court’s leave when justice so requires

Bad-faith amendment

A bad-faith mover may not amend their pleading

Relate back to original pleading

Amendment must assert a claim or defense that arose out of the conduct, transaction, or occurrence set out or attempted to set out in the original pleading

Changing party of suit

Amendment changing the party a claim is asserted against is allowed. Other party must know of the amendment within 90 days of orginal suit filing

Pecuniary damages

Values of harm that can be determined with relative precision

Non-pecuniary damages

Value of harms that cannot be calculated with precision

Compensatory damages

Damages to indemnify the person who faced losses

Punitive damages

Punishes defendant to deter similar behavior in the future

Nominal damages

Plaintiff can show that defendant has done required actions to be sued but cannot prove an actual loss

Pre-judgement interest

Compensates plaintiff that eventually wins for the time they lost waiting for the judgement

Post-judgement interest

Interest accrued from date of court decision to when defendant pays

Specific Relief

Specific performance, injunctions

Standard for granting injunctions

Plaintiff must show liklihood of success on the merits