Barbri Bar Prep

Federal Subject Matter Jurisdiction

Arises when there is either a federal question (arises under federal law, treaty, or constitutional), or complete diversity of citizenship

Government Exactions (Forced Land Conveyances)

An exaction is valid only if there is (1) a close nexus to a legitimate government interest and (2) rough proportionality between the development's impact and the required property concession

Diversity of Citizenship

Claim must exceed $75,000, AND there must be COMPLETE diversity (even if these conditions are met, plaintiff can still file in state court)

Citizenship for Corporations

Determined by state of incorporation and principal place of business

Citizenship for Individuals

Citizenship is determined by the individual's state or country of domicile (i.e. the place of residence where the individual intends to remain indefinitely)

Complete Diversity of Citizenship

No plaintiff may be a citizen of the same state as any defendant

Change of Individual Domicile

Person must be physically present in the new state AND have the intent to change domicile to that state

Diversity Jurisdiction $75,000 Requirement

Total amount in controversy must exceed $75,000, unless defendant can show the plaintiff can't recover $75,000 with legal certainty (damages awarded does not retroactively destroy diversity)

Supplemental Jurisdiction

A federal court's right to decide a claim based on a nonfederal issue if this claim arises from a "common nucleus of operative" fact as a federal claim in the case before the court

Removal to Federal Court

1. Only a defendant can remove to federal court

2. If there's more than one defendant, all defendants who have been served must move for removal

3. Must be federal SMJ over the case

Can a defendant remove a case to federal court if the original case was filed in their home state's state court based on diversity jurisdiction?

No, a forum-state defendant cannot remove a case to federal court based solely on diversity jurisdiction (but can if there is a federal question)

Remand

A plaintiff can move to send a case back to a lower court to be tried again if removal was improper

Venue

The geographic district in which a legal action is tried and from which the jury is selected (residential venue or transaction venue)

Transactional Venue

Venue is proper in ANY district where a substantial part of the events or omissions giving rise to the claim occurred

Venue When No District is Proper

If there is no district where any venue is proper, than anywhere where the defendant is subject to Personal Jurisdiction is a proper venue

Residential Venue

1) Venue is proper in any district where ALL DEFENDANTS reside;

2) If no such venue exists, IF the Defendants ALL live in the *same forum STATE*, then venue is proper in a district where *any D* resides.

3) If neither option above exists, then venue is proper in a district where ANY defendant is subject to Personal Jurisdiction

Transfer of Venue

If venue proper --> where also has jurisdiction + look at convenience and interests of justice

If venue improper --> where has jurisdiction + interests of justice

Public Factors = law applies, forum interest, local controversy/local court

Private Factors = where evidence, where cause of action arose

What law applies after transfer?

If venue was proper before transfer, then the original location's law applies

If venue was improper, then we use the law of the state of which the case was transferred to

Forum Selection Clause

A provision in a contract designating the court, jurisdiction, or tribunal that will decide any disputes arising under the contract

What law applies if there was a Forum Selection Clause?

The law of the state specified in the clause

Forum Non Conveniens

A rule that allows a court to decline jurisdiction over a case when it believes that the matter would be better resolved in another forum.

Usually this is invoked when most of the parties and witnesses to a case are in another location, making it more convenient for the trial to be held there, rather than where the case was filed.

Minimum Contacts Analysis (Contact, Relatedness, & Fairness)

1. Defendant must have minimum contacts with the state (purposeful availment);

2. Claim arising from those contacts, AND

3. Jurisdiction must not offend traditional notions of fair play and substantial justice

Personal Jurisdiction Methods

1. Consent by Defendant

2. Defendant has minimum contacts to forum state

3. Defendant is served with summons while physically present in that state

Test for Personal Jurisdiction

1. The exercise of PJ must fall within a state statute (Long-Arm Statute)

2. The exercise of PJ must satisfy the Constitution's Due Process Clause (Minimum Contacts Analysis)

Minimum Contacts Fairness Factors (Three)

1. Burden on the Defendant and Witnesses (just has to be fair)

2. State Interest

3. Plaintiff's Interest

General Personal Jurisdiction Question

Is the defendant at home in the forum or registered to business in the forum?

Complaint Elements

1. Statement with the Grounds for SMJ

2. Statement of the Claim

3. Demand for the Relief the Plaintiff Seeks

Rule 11

All pleadings and papers must be certified to:

1. Have a proper purpose

2. Warranted by current law

3. The facts are true, and

4. Any denials are warranted

What claims can be joined in a complaint?

Any claim against the defendant as long as there is SMJ (P can combine claims to reach $75k)

Joinder of Parties

The bringing together of different parties in one lawsuit

Permissive Joinder Rule

1. Must be authorized by rule, AND

2. There must be SMJ over the claim

When is joinder permissive?

If claims arise from same transaction or occurrence and raise at least one common question of fact or law

Compulsory Joinder

When a person MUST be brought into a lawsuit as either a plaintiff or a defendant

Compulsory Joinder Rule

1. Whether the absentee is a necessary or required party

2. If "necessary," party must be included if feasible (PJ + SMJ)

3. If not feasible, the court will proceed without absentee if it can protect absentee

When is an absentee party necessary or required (Compulsory Joinder)?

1. When complete relief couldn't be given without them;

2. A decision without their participation will impair their ability to defend their interests, OR

3. Their absence will leave some other party at a substantial risk of multiple/inconsistent obligations

Service of Process

The delivery of a copy of the complaint and the summons to a defendant (can be by hand or by mail if permitted by law)

Who can serve process?

Anyone 18+ years old and NOT a party to the suit

Who can process be served to and where?

Personal Service - To the defendant themselves (ANYWHERE)

Substitute Service - To someone other than the defendant at the defendant's usual place of abode to someone of suitable age and discretion who resides there

Who can be served for corporation/business?

1. An officer of the business

2. Agent of the business as long as it is within the scope of the agency

Waiver of Service of Process

Plaintiff mails request to defendant, and the defendant has 30 days to either waive or not (if refuse to waive, defendant must PAY for process)

Defendant's Answer and Timeframe

Must respond with a pre-answer motion or an answer within 21 days (60 days if wavier of process)

Pre-Answer Motion

Motion filed before answering a complaint (some defenses must be filed in first response or they are waived)

Waived Motions if not Raised First

1. Lack of PJ

2. Improper Venue

3. Insufficient Process

4. Insufficient Service of Process

What defenses can be raised whenever?

1. Failure to state a claim upon which relief can be granted

2. Failure to join an indispensible party

3. Lack of SMJ

Answer to Complaint

Pleading in which a defendant responds to complaint (3 ways)

1. Admitting

2. Denying

3. Claiming Insufficient Knowledge (same effect as denial)

What happens if you fail to deny a claim?

It is treated as an admission, except when about amount of damages

Counterclaim

A claim made to rebut a previous claim at the opposing party

Compulsory Counterclaim

A defendant's claim against a plaintiff that must be brought in the lawsuit or is forever barred; one that is based on the same subject or transaction as the original claim

Permissive Counterclaim

A defendant's claim against a plaintiff that a defendant is allowed, but not required to make; one that is NOT necessarily related to the plaintiff's claim

Crossclaim

A claim filed by a defendant who believes that a third party is either partially or fully liable for the damages that the plaintiff has suffered and, therefore, should be involved as an indispensable party in the trial (NEVER compulsory)

Crossclaim Supplemental Jurisdiction

Allows federal courts to hear crossclaims that lack independent SMJ, provided they arise from the same transaction or occurrence as the original lawsuit

Impleader

Defendant is bringing in a new party to the case, and the new party is the third party defendant (permissive not mandatory)

Intervention

A non-party absentee joins a case as a defendant or plaintiff (permissive)

Rule 26(f) Conference

At least 21 days before scheduling conference, parties must "meet and confer."

- Must agree on and present to the court a detailed discovery plan, how it will be produced and issues resolving how it will be retrieved

Initial Disclosures

Within 14 days of the Rule 26(f) conference, each party must disclose

1. Identities of people with discoverable info that supports your claim/defense: contact info and subject matter

2. Documents and things that support your claims/defenses, including ESI

3. Computation of monetary relief and supporting documents

4. Insurance coverage

Deposition

Any person's live (party or non-party) testimony under oath in response to questions asked by other party (used for impeachment of witness)

Interrogatories

Written questions submitted to another party and answered in writing, under oath (only parties, not non-parties)

Request to Produce

Asks party to make documents or things available for inspection

Request for Medical Exam

Requires court order

Requests for Admission

- Ask a party to admit certain matters

- Parties can admit, deny, or state that after reasonable attempts, they do not have sufficient information to admit or deny

- Failure to deny proper request is deemed an admission

Expert Witness Report

Report must disclose who they are, what they'll testify to, the basis for their findings, their qualifications, and what they're being paid

Protected Information from Discovery

- Confidential attorney-client communications

- Work product prepared in "anticipation of litigation"

- Opinion work is always protected, but non-opinion is unprotected if opposing party can show substantial need/undue hardship

Demand for Jury Trial

- Exists when relief sought is at law (for damages, not equitable relief)

- If P seeks money damages, both P and D have right to a jury

- Must demand in writing no later than 14 days after service of the last pleading directed to the jury triable issue

Venire

Summoned, potential jurors

Voir Dire

Jury selection process of questioning prospective jurors, to ascertain their qualifications and determine any basis for challenge

How many challenges for cause are there for voir dire?

Unlimited

Peremptory Challenges

Each side can knock off jurors without cause (can't be for race or sex), but typically limited to 3 per side

Size of Jury

In federal court, must be at least 6 but no more than 12

Jurors' Conclusions

- Parties and court discuss juror instructions and parties can make any objections on the record (or else they're waived)

- Jury instructed and sent to deliberate on the facts

- Verdict must be unanimous

Types of Verdicts

General, Special, and General with Interrogatories

General Verdict

Find for one party or the other, and give the relief due

Special Verdict

Judge requests jury to make conclusions of fact and court applies the law

General Verdict with Interrogatories

Requires that the jury find for the plaintiff or the defendant, and requires that the jury members answer specific fact questions

Bench Trial

A trial in which the judge alone hears and decides the case

Motion for Judgment as a Matter of Law (JMOL)

- After the close of the nonmoving party's evidence or at the close of all evidence

- The motion will be granted if, when viewing the evidence in the light most favorable to the nonmoving party, the court finds that a reasonable jury would not have a legally sufficient basis to find for the nonmoving party

Rulings on a JMOL

- Grant the motion (only one that can be appealed)

- Deny the motion

- Reserve ruling until defendant has presented their case

Renewed Motion for a Judgment as a Matter of Law (RJMOL)

- Same as a JMOL, but comes AFTER trial

- If granted, the court enters judgment for party that lost the jury verdict

- Must be within 28 days of entry of judgment and the moving party must have made a JMOL on the same grounds

Motion for a New Trial

Within 28 days of judgment, the moving party argues a serious error during trial was made, and this may be granted at a judge's discretion

Reasons for Motion for a New Trial

- Erroneous Jury Instruction

- New evidence that couldn't have been discovered before

- Misconduct by a jury, party, or lawyer

- Judgment is seriously in error against the weight of the evidence

- Damages are inadequate or excessive

Final Judgment Rule

Generally, you can appeal within 30 days only from FINAL judgments (decision on the merits of the entire case)

Interlocutory Appeals (Non-Final Orders)

- Preliminary or permanent injunctions (not TROs unless they're extended)

- Interlocutory Appeals Act

- Collateral Order Rule

Interlocutory Appeals Act

Allows appeal of nonfinal order if trial judge certifies that it involves a controlling issue of law as to which there is substantial ground for difference of opinion and the court of appeals agrees to hear it

Collateral Order Rule

1. Conclusiveness

2. Separability

3. Unreviewability

Standards of Review on Appeal

- Issues of Law

- Issues of Fact in Bench Trial

- Issues of Fact in Jury Trial

- Discretionary Matter

Issue of Law Appeal Standard

De novo (no deference to the trial court)

Issue of Fact in Bench Trial Appeal Standard

Affirm unless the findings are clearly erroneous

Issue of Fact in Jury Trial Appeal Standard

Affirm unless no reasonable jury could come to the finding

Discretionary Matter Appeal Standard

Affirm unless trial judge's decision was an abuse of discretion

Intent (Tort)

Concious action with intent (mental state) to bring about a particular consequence

Types of intent

General Intent - Act with knowledge to a substantial certainty that a particular consequence would happen

Specific Intent - Act with specific purpose to bring about a particular consequence

Transferred Intent (Tort)

Allows a defendant's intent to shift from person to person, tort to tort, or both

Children's Intentional Tort Liability

Children can be held liable for intentional tortious conduct

Intent

Plaintiff must show the defendant intended to cause a certain consequence

Battery

Intentional harmful or offensive contact with another person (injury, pain, disfigurement, or personably objectionable contact)

Assault

Intent to cause plaintiff to have reasonable apprehension (awareness) of imminent harmful or offensive contact (words are not enough)

Apparent Ability (Assault)

Even if the defendant cannot do the act (unloaded gun), a plaintiff's reasonable apprehension is still enough for assault

False Imprisonment

Intent to cause plaintiff to be confined or restrained to bounded area

Shopkeeper's Privilege Exception to False Imprisonment

Detention justified if reasonable belief that there was a theft (must use reasonable force and be limited in time)

Trespass to Land

The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization

Trespass to Land Elements

1. Physical invasion of plaintiff's real property by defendant

2. Intent to go onto the land (not intent to trespass)

3. Causation