Term
| fed subject matter jurisdiction |
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Definition
1. federal question
2. diversity
3. supplemental
4. removal
5. legislative |
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Term
| well pleaded complaint (for federal jurisdiction) |
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Definition
| P's complaint must state federal cause of action (as opposed to the fact that the defendant may have a federal defense) |
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Term
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Definition
1. amount in controversy exceeds $75K
2. citizens of diff states
no probate or domestic relations cases |
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Term
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Definition
| Every P is from diff state than every D |
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Term
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Definition
1 P diverse from 1 D
only allowed for
1. fed interpleader act
2. class actions worth more than $5 million
3. interstate mass torts |
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Term
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Definition
| place person resides & intends to remain |
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Term
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Definition
| state of incorporation & primary place of business (HQ) |
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Term
| citizenship of partnerships |
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Definition
| every state where its members are citizens |
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Term
| aggregating claims 1P v 1D = |
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Definition
| can add all claims to hit amount in controversy |
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Term
| aggregating claims 1P v multiple D = |
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Definition
| claim against each D must hit amount in controversy |
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Term
| aggregating claims multiple P |
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Definition
each P must hit amount in controversy individually or
supplemental jurisdiction - one P passes amount in controversy & other Ps claims from same transaction or occurrence & complete diversity met |
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Term
| counterclaims have to hit amount in controversy |
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Definition
compulsory - no
permissive - yes |
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Term
| supplemental jurisdiction |
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Definition
| fed extend subject matter jurisdiction if 2nd claim arises out of same transaction or ocurrence |
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Term
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Definition
takes case from state court & moves it to fed court
proper if all Ds consent & fed court has original jurisdiction |
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Term
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Definition
| takes case from one fed court to another fed court |
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Term
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Definition
| case was improperly removed & feds can send it back to state court |
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Term
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Definition
service within 100 mile radius of fed courthouse for
1. impleading 3rd party Ds
2. joining necessary Ds |
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Term
| waiving personal jurisdiction |
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Definition
| D shows up & does not object |
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Term
| waiving subject matter jurisdiction |
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Definition
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Term
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Definition
| jurisdiction against person |
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Term
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Definition
| jurisdiction against property |
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Term
| quasi in rem jurisdiction |
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Definition
| trying to get to a person through their stuff |
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Term
| minimal contacts/purposeful availment |
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Definition
| enough contact w/forum state where they could reasonably anticipate being taken to court there |
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Term
| bases for general in personam jurisdiction |
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Definition
1. physical presence (except when only there to answer summons or brought by force/fraud)
2. domicile
3. consent |
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Term
| basis for quasi in rem jurisdiction |
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Definition
| minimum contacts (same as personal) |
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Term
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Definition
1. where any D resides if all D live in same state
2. where claim arose |
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Term
| choice of law in transferred cases where original venue was proper |
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Definition
| law of original forum controls |
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Term
| choice of law in transferred cases where original venue was improper |
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Definition
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Term
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Definition
fed procedural law & state substantive law
only applies to diversity |
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Term
| substantive law under erie includes |
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Definition
1. statute of limitations
2. burden of proof
3. choice of law
4. elements of claim |
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Term
| venue in suing fed official (acting in scope of employment) |
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Definition
1. where D lives
2. where substantial amount of actions occurred
3. where P lives if no real property involved |
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Term
| venue under Fed tort claims act |
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Definition
1. where P lives
2. where act or ommission occurred |
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Term
| case against foreign state |
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Definition
1. where events occurred
2. DC |
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Term
| how do feds determine state law |
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Definition
1. state supreme court
2. if not state supreme court, feds guess how state supreme court would rule (use state appeals court decisions) |
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Term
| what has to be pleaded w/particularity |
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Definition
1. fraud/mistake
2. special damages |
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Term
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Definition
short & plain statement of claim
but must make a plausible case (fucking iqbal & twombly) |
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Term
| motion to dismiss grounds |
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Definition
1. lack of subject matter jurisdiction
2. lack of personal jurisdiction (& insufficient process)
3. improper venue
4. failure to state a claim
5. failure to join a necessary party
6. forum non conveniens |
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Term
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Definition
1. personal delivery (you got served bitch)
2. leaving summons where D lives w/someone of suitable age & discretion)
3. delivery to authorized agent |
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Term
| defenses that must be raised immediately (in answer or pre-answer motion) |
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Definition
1. no personal jurisdiction (insufficent process too)
2. improper venue |
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Term
| motion for judgment on pleadings |
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Definition
| pleadings completely agree about facts |
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Term
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Definition
used to delete either
1. scandalous/prejudicial & irrelevant matters
2. P can use to strike legally invalid defense |
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Term
| timing for answers/replies |
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Definition
| must be filed within 21 days of the previous pleading |
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Term
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Definition
| one freebie within 21 days of service or within 21 days of D's response |
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Term
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Definition
| amendment that would otherwise violate statute of limits would be allowed if it concerns the same conduct/transaction/occurrence as original pleading |
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Term
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Definition
1. must concern same conduct/transaction/occurrence
2. party to be added either knew or had reason to know that he'd be added |
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Term
| when to plead affirmative defenses |
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Definition
| must be plead in answer or it's waived |
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Term
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Definition
signed by atty to show
1. legal & factual basis for filing
2. that after reasonable inquiry there's no improper purpose
3. not frivolous
4. allegations have evidentiary support |
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Term
| permissive joinder of parties |
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Definition
1. same transaction/occurrence
2. common question of law or fact
party can't be joined if it would defeat complete diversity |
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Term
| compulsory joinder of parties |
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Definition
| necessary parties that court has jurisdiction over |
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Term
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Definition
1. needed for other parties to get complete relief
2. has interest in litigation which will be impeded if litigation goes forward w/out that party
3. substantial risk of double or inconsistent liability
can't defeat any jurisdiction
doesn't include joint tortfeasors |
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Term
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Definition
| outsider who voluntarily joins in lawsuit |
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Term
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Definition
1. non-party has interest in subject matter of action
2. disposition of action may impair non-party's interest; and
3. non-party's interest isn't represented by existing parties |
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Term
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Definition
| common question of law & fact between intervenor & matter at hand |
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Term
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Definition
competing claims to same property
property at issue = stake
person holding property = stakeholder
person claiming property = claimant |
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Term
| statutory interpleader features |
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Definition
1. claim must exceed $500
2. nationwide service of process
3. venue proper in district where any claimant resides
4. minimal diversity |
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Term
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Definition
1. must be raised now
2. same transaction or ocurrence
3. supplemental jurisdiction automatically applies
4. suspends statute of limits |
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Term
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Definition
1. can be pleaded whenever
2. unrelated to current matter
3. requires independent jurisdiction |
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Term
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Definition
one P sues another P or one D sues another D
1. must arise out of same transaction/occurrence
2. never compulsory |
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Term
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Definition
D sues 3rd party
has pure supplemental jurisdiction |
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Term
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Definition
1. numerousness (about 100 or so)
2. common questions of law & fact
3. typicality of claims by class reps
4. adequacy of representation by reps lawyer
judge then approves |
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Term
| class action for state cause of action |
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Definition
100 or more members w/$5 million at stake requires minimal diversity
otherwise, complete diversity & one named P has claim above $75K |
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Term
| mandatory initial disclosures |
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Definition
1. names & addresses of people w/discoverable info
2. copies of relevant docs or things
3. computation of damages claimed
4. applicable insurance agreements
must be made as soon as reasonably available |
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Term
| disclosure of expert witnesses |
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Definition
1. names of any testifying experts
2. facts, data, qualifications, other times they testified & compensation.
at least 90 days before trial (mandatory |
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Term
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Definition
must disclose list of witnesses & exhibits at least 30 days before trial
must object 14 days before trial |
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Term
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Definition
| anything relevant or could lead to something relevant (admissibility be damned) |
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Term
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Definition
1. privileged info
2. work product |
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Term
| work product can be overcome? |
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Definition
yes, if show
1. need
2. info cannot be obtained elsewhere
still can't touch atty mental impressions |
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Term
| how many depositions can party take |
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Definition
10 (unless court allows more)
1 per person |
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Term
| how many interrogatories can party take |
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Definition
25 questions
can only be made to a party
30 days to answer |
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Term
| involuntary dismissal without prejudice |
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Definition
1. lack of jurisdiction
2. improper venue
3. failure to join necessary party |
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Term
| demand for trial by jury must be made |
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Definition
| within 14 days of service when the issue was brought up (usually made in complaint) |
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Term
| how many peremptory challenges |
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Definition
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Term
| grounds for motion for new trial |
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Definition
1. errors during trial that rendered judgment unfair
2. newly discovered evidence
3. prejudicial misconduct
4. excessive verdict & winner won't take less |
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Term
| how much time to file appeal |
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Definition
| 30 days from entry of judgment |
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Term
| standard of review for jury verdicts |
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Definition
| verdict affirmed if supported by substantial evidence |
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Term
| judicial finding of fact affirmed if |
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Definition
| ruling not clearly erroneous |
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Term
| res judicata/claim preclusion |
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Definition
1. final judgment on the merits
2. same parties or successors in interest
3. same claim or cause of action |
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Term
| collateral estoppel/issue preclusion |
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Definition
1. same issue of fact
2. that issue actually and necessarily decided in first suit (need trial)
3. the party against preclusion is asserted must have been party in first suit |
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Term
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Definition
1. trial
2. summary judgment
3. default judgment
4. dismissal w/prejudice |
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