Civil Procedure - Subject Matter Jurisdiction
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Questions and Answers

What is true about the withdrawal defense in conspiracy cases?

  • Withdrawal is a valid defense in all conspiracy cases.
  • Withdrawal can be claimed if the targeted crime is impossible.
  • Withdrawal is a defense if the conspirator notifies others timely. (correct)
  • Withdrawal must occur before any overt act is taken.

Which of the following is NOT an element of attempt?

  • Completion of the crime. (correct)
  • Overt act in furtherance of that intent.
  • Specific intent to commit the crime.
  • Act beyond mere preparation.

Which type of impossibility is valid as a defense?

  • Factual impossibility.
  • Abandonment due to increased risk. (correct)
  • Accidental injury during a planned crime.
  • Legal impossibility.

What does the merger doctrine entail?

<p>A crime may merge into another, limiting convictions to one crime. (C)</p> Signup and view all the answers

What factor distinguishes a substantial step in the context of the MPC test of attempt?

<p>An action taken away from mere preparation. (B)</p> Signup and view all the answers

In what circumstance can abandonment be used as a defense in attempts according to the MPC?

<p>Complete and voluntary renunciation of criminal purpose. (C)</p> Signup and view all the answers

What is the result when a defendant attempts to commit a crime that requires reckless or negligent behavior?

<p>Attempt is impossible for such crimes. (A)</p> Signup and view all the answers

How is factual impossibility characterized in the context of attempts?

<p>It occurs when the crime cannot be completed due to unknown conditions. (C)</p> Signup and view all the answers

Which statement accurately describes the withdrawal or renunciation defense in solicitation?

<p>Renunciation can be recognized if the solicitor prevents the crime from happening. (C)</p> Signup and view all the answers

What is required to establish conspiracy between two or more persons?

<p>An agreement to commit a crime must be present. (C)</p> Signup and view all the answers

Which of the following accurately describes the elements of inchoate offense as related to solicitation?

<p>The offense is complete once the solicitation is made, regardless of the target's response. (B)</p> Signup and view all the answers

In the context of conspiracy, which statement regarding agreement is true?

<p>Conspiracy requires an agreement that can be express or implied. (D)</p> Signup and view all the answers

What does the Wharton rule state regarding conspiracy?

<p>It only applies if more individuals are involved in the conspiracy than needed for the crime. (D)</p> Signup and view all the answers

How does impossibility function as a defense in solicitation?

<p>Impossibility relates to the circumstances as the solicitor believed them to be. (C)</p> Signup and view all the answers

Which of the following elements must be shown to establish an attempt?

<p>A clear intent to commit a specific crime. (D)</p> Signup and view all the answers

What does co-conspiratory liability entail?

<p>Liability extends to crimes committed by any co-conspirator during the conspiracy. (A)</p> Signup and view all the answers

Which of the following must a defendant claim when responding to allegations in a complaint?

<p>Specific denial or admission to each claim (C)</p> Signup and view all the answers

What is required of a defendant when raising a lack of personal jurisdiction in response to a complaint?

<p>It must be raised in the answer or at the time of filing the motion to avoid waiver (A)</p> Signup and view all the answers

Which of the following is a critical aspect of a complaint?

<p>A technical requirement to show plausible claims (D)</p> Signup and view all the answers

What must be included if a complaint alleges fraud or mistake?

<p>Circumstances stated with particularity (C)</p> Signup and view all the answers

Which option correctly describes a failure to join a necessary party?

<p>It can be raised at any time prior to trial or during trial (A)</p> Signup and view all the answers

What is the implication of failing to deny a claim in an answer?

<p>It is treated as an admission of the claim (A)</p> Signup and view all the answers

In what timeframe must the defendant respond if no Rule 12(b) motion is filed?

<p>21 days (C)</p> Signup and view all the answers

What does a complaint need to include to show entitlement to relief?

<p>Claims that clearly demonstrate an entitlement to relief (D)</p> Signup and view all the answers

Flashcards

Conspiracy Defense Withdrawal

A withdrawal from a conspiracy is only a defense if the conspirator takes affirmative action to stop the target crime and informs co-conspirators in time to abandon the plan.

Attempt: MPC Substantial Step Test

Under the MPC (Majority view), an attempt requires an act that is a substantial step in the conduct planned to commit a crime, demonstrating a criminal purpose.

Attempt: Proximity Test

Under the minority proximity test, an attempt occurs when the defendant's actions are dangerously close to committing the crime successfully.

Attempt Legal Impossibility

A defense where the defendant intended to commit a crime that wasn't actually a crime.

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Attempt Factual Impossibility

A situation where a defendant intends to commit a crime but is unable to do so due to circumstances unknown to them.

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Attempt Abandonment (Majority)

Abandonment is generally not a defense to an attempt crime.

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Attempt Abandonment (MPC)

In the MPC, abandonment is a defense if it is fully voluntary, not simply due to increasing difficulty or apprehension, and involves complete abandonment.

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Merger Doctrine

A legal concept that a crime can combine (merge) with another crime, thus allowing only conviction for one.

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Complaint (in a legal case)

The document that starts a lawsuit, outlining the claims and why the plaintiff believes they deserve a remedy.

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Lack of Subject Matter Jurisdiction

A legal defense arguing the court lacks the power to hear the specific type of case.

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Lack of Personal Jurisdiction

A legal defense arguing the court doesn't have authority over the defendant.

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Improper Venue

A legal defense arguing the case should be heard in a different location.

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Insufficient Process

A legal defense arguing the legal documents were improperly drafted or unclear.

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Insufficient Service of Process

A legal defense arguing the delivery of legal documents to the defendant was flawed or incorrect.

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Failure to State a Claim

A legal defense arguing the plaintiff did not show how they deserve a legal remedy in their lawsuit.

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Answer (in a legal case)

The defendant's response to the plaintiff's complaint, where issues are addressed and defenses are presented.

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Solicitation

Inciting, counseling, advising, or commanding someone to commit a crime, intending that they do so.

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Solicitation completes

The act of solicitation is complete at the moment the encouragement is given, regardless of the target's response.

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Conspiracy elements

Agreement between two or more people to commit a crime, intent to agree, intent to commit, and overt act.

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Conspiracy agreement

Agreement by two or more people to commit a crime, using either express or implied terms.

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Wharton Rule

If a crime requires an agreed-upon number of people, conspiracy requires more than the minimum number.

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Conspiracy intent

Each conspirator must intend to achieve the conspiracy's objectives.

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Overt act (conspiracy)

An open act in furtherance of a conspiracy, usually required in most states.

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Co-conspirator liability

Each conspirator is responsible for the crimes of all others if they are part of the same conspiracy.

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Study Notes

Civil Procedure - Subject Matter Jurisdiction

  • Involves court's power over case type
  • Three types: Federal Question, Diversity
  • Federal Question: Action arises under federal law
    • Plaintiff's cause of action, not defense, must include federal issue
    • Complaint alleging federal issues only for anticipatory defense does not create Fed Q
    • Diversity: Out-of-state parties required
    • Complete diversity: No plaintiff/defendant from same state
    • Exists at action filing time, not need to exist at issue time
  • Citizenship of individuals: Determined by domicile (permanent home)
  • Citizenship of corporations: Determined by state of incorporation and principal place of business
  • Citizenship of partnerships: Determined by citizenship of each party
  • Diversity jurisdiction: Amount in controversy (over $75,000 in excess of costs and interest)
  • Aggregation: Combining claims for meeting amount threshold, allowed regardless of relation.
    • One Plaintiff against several D's: Cannot aggregate separate liability claims
    • If joint claim against multiple D's only aggregate one claim
    • Separate claims by Multiple plaintiffs: Can aggregate if common interest & enforce single right.
  • Equitable relief: Amount in relief sought exceeds $75,000
  • Aggregation: Combining claims of multiple plaintiffs and multiple defendants is permitted.

Civil Procedure - Personal Jurisdiction

  • Court's power over the person, property, or item pertaining to a defendant
  • Statutes and Constitutional authorization needed
  • In Personam: Court's jurisdiction over person
    • Present in the forum state, served with process
    • Domiciled in the forum state
    • Consent to jurisdiction (express or implied)
  • In rem: Court's jurisdiction over property
  • General: Jurisdiction over all claims
  • Specific: Jurisdiction over particular claim.
  • Jurisdiction over a party is determined by the limits in statute and by constitutional due process
    • Party must have foreseeable contacts with the forum
    • Relatedness of cause of action to contacts, action must occur within the forum or related to forum activity
    • Fairness: The burden for the plaintiff in the forum

Civil Procedure - Venue

  • Proper geographic district for litigation
  • Generally, a defendant resides in, or a substantial part of the events occurred in
  • Transfer: Court may transfer to more appropriate location, considering various factors.

Civil Procedure - Pleadings & Motions

  • Purpose: To provide notice to opposing parties
  • Service of Process: Properly notifying the defendant of the lawsuit
  • Pleadings/Motions: Process of filing claims or requests.
    • Pre-answer motions: Challenging court's jurisdiction, improper venue, insufficent service etc..
      • Can be raised at any time, though the defendant loses opportunity for defense by waiving certain issues.
    • Answer: Defendant's response to allegations in complaint
      • Failure to answer: Default Judgment

Civil Procedure - Discovery

  • Methods: Interrogatories, depositions, requests for production & inspection
    • Purpose: To get information for the case.

Criminal Law - Murder

  • Actus reus: The criminal act
  • Mens reas: The mental state
  • Causation: The act caused the harm
  • Common law homicides
    • First-degree murder: Premeditated and deliberate killing
    • Second-degree murder: Killing with malice aforethought but without premeditation and deliberation
  • Voluntary manslaughter: Killing in the heat of passion, with adequate provocation or justifiable reason.
  • Involuntary manslaughter: Causing death through criminal negligence or commission of an unlawful act.

Criminal Law - Inchoate Offenses

  • Solicitation: Encouraging or inducing another to commit a crime
  • Attempt: Taking substantial steps towards committing a crime but failing to complete it.
  • Conspiracy: Agreement between two or more people to commit a crime.

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Civil Procedure Outline PDF

Description

Test your understanding of subject matter jurisdiction in civil procedure, focusing on federal question and diversity. Learn about how citizenship is determined for individuals, corporations, and partnerships, as well as the requirements for amount in controversy. This quiz will challenge your knowledge of key concepts related to court jurisdiction and case types.

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