Term
| Subject Matter Jurisdiction |
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Definition
Power of the court to hear the case
1) Federal Question
2) Diversity |
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Term
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Definition
| Claim involves federal law |
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Term
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Definition
1) Citizens of different states
2) Amount in controversy exceeds $75,000 |
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Term
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Definition
| Presence in the state AND intent to make it her permanent home |
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Term
| Domicile of a corporation |
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Definition
| State where incorporated AND one state where the corporation has its PPB (where managers direct, control, and coordinate corporate activity) |
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Term
| Aggregation - What is it? When can a plaintiff aggregate? |
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Definition
Adding two or more claims to meet the 75k requirement.
A plaintiff can aggregate his claims if there is ONE plaintiff versus ONE defendant (claims do not need to be related) |
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Term
| Supplemental jurisdiction |
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Definition
| After a case is in federal court, we have an additional claim that does not meet diversity or federal question. We get that claim in through supplemental jurisdiction. |
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Term
| In a diversity case, can plaintiff use supplemental jurisdiction to overcome a lack of diversity? |
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Definition
| No. It can overcome the amount in controversy requirement in a diversity case. |
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Term
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Definition
| a DEFENDANT sued in state court might be able to remove the case to federal court. It transfers a case only from state trial court to a federal trial court. |
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Term
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Definition
| 30 days after service of the first paper that makes the case removable. All defendants must agree. The plaintiff never removes. |
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Term
| When can a defendant not remove? |
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Definition
-No removal if any D is a citizen of the forum (instate D rule) AND
-No removal more than 1 year after case was filed in state court |
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Term
| Erie Doctrine (choice of law) |
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Definition
In diversity cases, the federal court must apply state substantive law. Look for:
-Federal law on point
-Outcome determinative: would applying or ignoring state law affect outcome of case? If yes, apply state substantive law.
-Balance interests: does fed or state have stronger interest in having its rule applied (avoid forum shopping) |
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Term
| Where can a person lay venue? |
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Definition
Plaintiff may lay venue in any district where:
-All defendants reside
-A substantial part of the claim arose |
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Term
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Definition
Court has discretion to transfer to another district, based on convenience for the parties and witnesses and the interests of justice.
Public factors
Private factors
Transferee applies the choice of law rules of the original court. |
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Term
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Definition
| There is another COURT that is far more sensible more than the present one. Court either stays or dismisses the case |
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Term
| What must the moving party show for forum non coveniens? |
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Definition
-Alternative forum is suitable:
1) D is subject to personal jurisdiction
2) SOL wont bar action,
3) alternative forum provides due process
4) impartial jury
5) a form of remedy.
-Private & public interest factors in balance in favor of the alternative forum. |
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Term
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Definition
Must give notice to D by delivering to D process which is a summons and a copy of the complaint.
Must serve within 120 days of filing case. |
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Term
| In federal court, if D is served instate while a witness or party in another civil case, can she be served? |
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Definition
| NO, she is immune from service. |
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Term
| When you sign the pleadings, you are certifying that: |
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Definition
To the best of your knowledge:
-The paper is not for an improper purpose
-Legal contentions are warranted by law; and
-Factual contentions and denials of factual contentions have evidentiary support |
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Term
| If a party makes a mistake on the pleadings, can she amend it? |
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Definition
| Yes, safe harbor for 21 days to fix the problem |
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Term
| Requirements in a complaint: |
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Definition
-Statement of grounds for SMJ
-Short & plain statement of the claim showing entitled to relief
-Demand for relief sought |
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Term
| What must be plead with specificity? |
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Definition
| Fraud, mistake, special damages |
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Term
| 12b defenses (raised either by motion or answer) |
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Definition
-Lack of SMJ
-Lack of IPJ
-Improper Venue
-Insufficiency of process
-Insufficiency service of process
-Failure to state a claim
-Failure to join an indispensable party. |
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Term
| Certain 12b defenses are waived if they are not put into the motion or answer: |
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Definition
-Lack of IPJ
-Improper Venue
-Insufficiency of process (paperwork)
-Insufficiency service of process |
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Term
| Answer must be served within: |
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Definition
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Term
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Definition
-Admit deny, or state that you lack sufficient information to admit or deny
-Raise affirmative defenses (failure to plead affirmative defenses risk waiver of those defenses) |
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Term
| Compulsory counterclaim vs. Permissive counterclaim |
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Definition
Compulsory – arises from the same transaction or occurrence
Permissive – does not arise from same transaction or occurrence |
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Term
| When can you amend pleadings? |
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Definition
Plaintiff has a right to amend within 21 days after D serves her first rule 12 response
Defendant has a right to amend once within 21 days after serving his answer |
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Term
| Amending after SOL have fun (Relation Back) |
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Definition
Relating back means you amend pleading as though it was filed when the original was filed, so it can avoid the SOL problem.
To join a new claim - amended pleadings relate back if they concern the same conduct, transaction or occurence.
To change a defendant after SOL have run: it will relate back if it concerns the same conduct, transaction or occurence as the original, the party knew of this case within 120 days of its filing; and she also knew that, but for a mistake, she would have been named originally. (Applies when P sued the wrong D first, but the right D knew about it) |
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Term
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Definition
| Can discovery anything relevant to a claim or defense and things which are reasonably calculated to lead to the discovery of admissible evidence. |
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Term
| Work product and is it discoverable? |
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Definition
“trial preparation materials” and generally not protected from discovery. However, it may be discoverable IF party shows:
-Substantial need
-Not otherwise available |
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Term
| Necessary & indispensable party |
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Definition
| Without that party, the court cannot accord complete relief among existing parties, the person's interest may be harmed if he is not joined, or it might subject a party to multiple obligations. |
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Term
| Requirements for class action: CANT |
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Definition
-Commonality: There is some question of law or fact in common to class
-Adequate and fair representation is: rep will fairly and adequately represent class
-Numerosity: Too many class members for practicable joinder
-Typicality: Rep’s claims/defenses typical of those of the class
AND
-Class treatment is necessary to avoid harm either to class members or to party opposing class
-Injunction or declaratory
-Damage: Common questions predominate over individual questions and class action is the superior method to handle the dispute |
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Term
| Class Action Fairness Act |
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Definition
| Let's a federal court hear a class action if any class member is of diverse citizenship form any defendant and if the aggregated claims of the class exceed 5 million. |
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Term
| When can a plaintiff voluntarily dismiss the case? |
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Definition
Before defendant serves her answer or motion for summary judgment.
Without prejudice means that the plaintiff can re-file case. But if the plaintiff dismisses the 2nd case with written notice, then it is with prejudice so the claim cannot be reasserted. |
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Term
| Default judgment is entered when: |
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Definition
| D has failed to respond within 21 days after being served |
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Term
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Definition
| BEFORE defendant has answered, defendant moves for failure to state a claim. Court ignores legal conclusions and looks at allegatiosn of fact. |
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Term
| Motion for judgment on the pleadings |
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Definition
| No evidence is taken into account. D moves to dismiss for failure to state a claim but it is AFTER defendant has answered. |
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Term
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Definition
| Moving party must show that there's no genuine dispute on a material fact and she is entitled to a judgment as a matter of law. |
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Term
| Motion for judgment as a matter of law (JMOL) |
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Definition
Case is taken away from jury and is brought after the other side has been heard at trial (at the close of all evidence).
Standard: reasonable people could not disagree on the result. Court views evidence in the light most favorable to the nonmoving party. |
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Term
| Renewed motion for judgment (RJMOL) |
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Definition
Judge did not grant motion for JMOL and the case went to the jury. Jury returns a verdict for one party, and the court enters judgment on the basis of the verdict. Now the losing party files a renewed motion for judgment as a matter of law. If RJMOL is granted, the court enters judgment for the party that lost the jury verdict.
If you did not move for JMOL at trial, you CANNOT bring the RJMOL motion. |
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Term
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Definition
| Judgment entered, but errors at trial require new trial. Grounds: prejudicial error at trial makes judgment unfair (wrong jury instructions, evidentiary ruling) etc. |
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Term
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Definition
| Res judicata prevents re-assertion of the claimant’s cause of action if there was a final judgment on the merits, same parties are involved, same claims, and the claim was actually litigated. |
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Term
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Definition
Where there is a final judgment on the merits, collateral estoppel prevents relitigation of a particular issue actually litigated and determined before.
-Issue preclusion can only be asserted against one who was a party to Case 1
-Issue preclusion can only be asserted by someone who was NOT a party to Case 1 |
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Term
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Definition
Court's ability to exercise power over the particular defendant
-Traditional IPJ
-Statutory IPJ
-Constitutional IPJ |
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Term
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Definition
| Based upon where the party is domiciled, presence in the state when served and consent |
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Term
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Definition
Most states have long arm statutes that allow personal jurisdiction in different situations such as personal jurisdiction over defendants who:
(1) Are served with process in the state or
(2) Are domiciled in the state, or
(3) Do certain things (e.g., commit a tortious act, conduct business) in the state.
In CA, statute reaches constitutional limit. |
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Term
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Definition
Even if state statute grants the state court IPJ over D, such exercise must be constitutional. Assess several factors:
-Minimum contacts
-Relatedness
-Fairness |
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Term
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Definition
| D must have purposefully availed himself to the benefits of the state and must have anticipated being haled into court (foreseeable). |
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Term
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Definition
P’s claim must arise from D’s contacts with the forum. It is either:
Specific jurisdiction – claim arising from activity in the state. Court will enforce even if not very much contact with state.
General personal jurisdiction – D must have continuous and systematic ties with the forum so that D is essentially at home in the forum. (probably also there is general personal jurisdiction if the D is served with process while voluntarily in the forum). |
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Term
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Definition
Convenience – Forum will be acceptable unless it is “so gravely difficult and inconvenient that a party is unfairly put at a severe disadvantage.”
State’s interest (e.g., provide forum for its citizens)
Plaintiff’s interest (e.g., maybe injured and wants to sue at home) |
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Term
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Definition
| Works just like a 12b6 motion in federal court. Court takes factual allegations as true and limits its assessment to the complaint |
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Term
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Definition
| Used to assert defenses but is not available in limited civil cases |
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Term
| Motion to quash service of summons |
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Definition
Used to assert defenses such as lack of IPJ, improper process & improper service of process.
Must be made BEFORE or with a demurrer, answer, or a motion to strike, or else D waives these defenses. |
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Term
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Definition
| Legislature is concerned about strategic lawsuits against public participation (SLAPP). These suits are brought to chill the valid exercise of 1st amendment rights. When P sues D for an act D took in furtherance of her 1st amendment rights, D can make an anti-SLAPP motion to strike. D must make a showing that P’s cause of action arises from protected activity. If D makes this showing, burden shifts to P to show the probability of winning on the merits. |
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Term
| Motion for directed verdict |
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Definition
| What federal courts call motions for judgment as a matter of law (JMOL). Standard: reasonable people could not disagree as to the result. Parties can move for this only at the close of all evidence. If Defendant (rather than plaintiff) moves for this at close of Ps opening statement or at the close of P’s evidence at trial, it’s called a motion for nonsuit. |
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Term
| Motion for judgment notwithstanding the verdict (JNOV) |
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Definition
In fed courts, called renewed motion for judgment as a matter of law (RJMOL) – assert it AFTER case ends
Standard is same as directed verdict |
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Term
| To avoid a new trial, court might offer or suggest remittitur or additur (only in state court) |
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Definition
Remittur: gives P a choice to take a lesser amount or he has to go through a new trial.
Additur: gives D a choice to pay a greater amount in damages or go through a new trial |
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