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Questions and Answers
What must be established in the initial pleading of a complaint?
What must be established in the initial pleading of a complaint?
Which case relates to the standard of pleading that requires allegations to be plausible?
Which case relates to the standard of pleading that requires allegations to be plausible?
Under Matthew's balancing test, which factor is NOT considered?
Under Matthew's balancing test, which factor is NOT considered?
In the context of initial pleadings, what does the rule 12(B)(6) address?
In the context of initial pleadings, what does the rule 12(B)(6) address?
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Which of the following statements about fraud pleading is accurate according to rule 9?
Which of the following statements about fraud pleading is accurate according to rule 9?
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Under what condition can a protective order be issued according to rule 26 C?
Under what condition can a protective order be issued according to rule 26 C?
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What is the primary purpose of a motion for summary judgment?
What is the primary purpose of a motion for summary judgment?
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What burden does the party moving for summary judgment hold?
What burden does the party moving for summary judgment hold?
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What standard must a plaintiff meet when moving for summary judgment?
What standard must a plaintiff meet when moving for summary judgment?
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According to the 7th Amendment, what right is provided regarding jury trials?
According to the 7th Amendment, what right is provided regarding jury trials?
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Which case illustrates that a plaintiff must present actual facts of a conspiracy in their motion for summary judgment?
Which case illustrates that a plaintiff must present actual facts of a conspiracy in their motion for summary judgment?
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In the context of a jury trial, what is typically required for legal claims?
In the context of a jury trial, what is typically required for legal claims?
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Which factor is NOT considered when determining if a legal claim can proceed to jury trial?
Which factor is NOT considered when determining if a legal claim can proceed to jury trial?
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What is a preemptory challenge in jury selection?
What is a preemptory challenge in jury selection?
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Under what circumstance can a party move for judgment as a matter of law?
Under what circumstance can a party move for judgment as a matter of law?
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What does 'remitter' refer to in the context of jury verdicts?
What does 'remitter' refer to in the context of jury verdicts?
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Which of the following correctly defines 'claim preclusion'?
Which of the following correctly defines 'claim preclusion'?
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What is the main purpose of a 'renewed motion for judgment as a matter of law'?
What is the main purpose of a 'renewed motion for judgment as a matter of law'?
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Which of the following is NOT a requirement for issue preclusion?
Which of the following is NOT a requirement for issue preclusion?
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What distinguishes 'additur' from 'remitter' in legal terms?
What distinguishes 'additur' from 'remitter' in legal terms?
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In which scenario would issue preclusion apply?
In which scenario would issue preclusion apply?
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What characterizes personal jurisdiction?
What characterizes personal jurisdiction?
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Which of the following is a requirement for proper venue?
Which of the following is a requirement for proper venue?
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Which factor does NOT relate to the public factors of convenience in venue transfer?
Which factor does NOT relate to the public factors of convenience in venue transfer?
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Under what circumstances may a court decline to exercise jurisdiction through forum non conveniens?
Under what circumstances may a court decline to exercise jurisdiction through forum non conveniens?
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What is a requirement for service of process?
What is a requirement for service of process?
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What constitutes subject matter jurisdiction?
What constitutes subject matter jurisdiction?
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Which of the following is not a factor in determining fairness in personal jurisdiction?
Which of the following is not a factor in determining fairness in personal jurisdiction?
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What is the importance of Mullane in the context of service of process?
What is the importance of Mullane in the context of service of process?
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What distinguishes permissive joinder from compulsory joinder?
What distinguishes permissive joinder from compulsory joinder?
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In a cross claim, what is a requirement for filing the claim?
In a cross claim, what is a requirement for filing the claim?
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What is one factor that determines if a party is deemed necessary in compulsory joinder?
What is one factor that determines if a party is deemed necessary in compulsory joinder?
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What must a defendant demonstrate to implead a third party?
What must a defendant demonstrate to implead a third party?
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What is true regarding the requirements for intervention?
What is true regarding the requirements for intervention?
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What can a third party defendant do once they are joined in the case via impleader?
What can a third party defendant do once they are joined in the case via impleader?
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Which of the following statements is true about the role of absentee parties in compulsory joinder?
Which of the following statements is true about the role of absentee parties in compulsory joinder?
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Which scenario best demonstrates a situation for permissive joinder?
Which scenario best demonstrates a situation for permissive joinder?
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What is the core concept of personal jurisdiction?
What is the core concept of personal jurisdiction?
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Which of the following is NOT a type of personal jurisdiction?
Which of the following is NOT a type of personal jurisdiction?
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What criterion must be met regarding minimum contacts with the forum state?
What criterion must be met regarding minimum contacts with the forum state?
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Under what circumstances can a defendant be said to have 'consented' to personal jurisdiction?
Under what circumstances can a defendant be said to have 'consented' to personal jurisdiction?
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What does the concept of 'relatedness' refer to in personal jurisdiction?
What does the concept of 'relatedness' refer to in personal jurisdiction?
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What is a requirement of a long arm statute?
What is a requirement of a long arm statute?
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In the context of personal jurisdiction, what does 'purposeful availment' mean?
In the context of personal jurisdiction, what does 'purposeful availment' mean?
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Which case established that merely placing an item in commerce is often not sufficient for jurisdiction?
Which case established that merely placing an item in commerce is often not sufficient for jurisdiction?
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Study Notes
Personal Jurisdiction
- Courts' ability to exercise control over someone or something
- Core concept is fairness for chord 2 exercise jurisdiction over defendant
Types
- In rem: Property is the subject
-
In personam:
- Domicile: defendant maintains permanent home in the forum state
-
Tag (Burnham v. Superior ct): consent if you show up and don't object or agree to do business in the state
- Mallory v. Norfolk Southern
- Burger King
-
Long Arm Statute (statutory requirements): If nothing else satisfies, the long arm statute will allow jurisdiction over defendant
- Unlimited
- Follow constitutional requirements: must satisfy due process by:
- Minimum contacts with the forum state (Int. shoe - doing business in state is continuous and systematic)
-
Factors:
- defendants level of purposeful availment - did defendant take advantage of privileges and benefits enjoyed by the forum state residents; not accidentally (ex: using state courts or resources or doing business in state)
-
Factors:
- Minimum contacts with the forum state (Int. shoe - doing business in state is continuous and systematic)
- Limited
Fairness
- Must not offend traditional notions of Fair play and substantial justice
- Exercise of personal jurisdiction must be fair
-
Factors:
- Inconvenience to defendant—would it severely disadvantage defendant?
- Plaintiffs interest—Plaintiffs interest in obtaining convenient and fair relief
- Cost of litigating in defendants domicile and difficulty of travel to
- Forum state interest—interest in providing redress for its residents or an interest in the outcome of the case
- Judicial efficiency—ease of litigating in forum state (ex: consider location of witnesses, evidence, ETC)
Notice
- Defendant must be reasonably notified of the pending lawsuit
- Requirement: notice must be reasonably calculated under the circumstances to apprise defendant of pendency of action
Subject Matter Jurisdiction
- Courts' ability to exercise authority over a claim
- Federal courts are limited
- State courts - anywhere there is personal jurisdiction
-
Types:
- Federal question jurisdiction
- Diversity jurisdiction
- Supplemental jurisdiction
- Removal jurisdiction
Federal Question Jurisdiction (1331)
- If a claim arises under the constitution, US treaty, or federal law, the court has federal question jurisdiction
- Plaintiffs claim must clearly raise a claim arising under federal authority (does it raise a federal question? Mottley case: Cannot arise out of a predicted defense or counterclaim)
- Is it the right kind of federal issue? (Substantial federal issue or federal cause of action (by statute)
Diversity Jurisdiction (1332)
- Gives federal courts authority over citizens of different states, even when claims do not arise under federal law
- Total amount in controversy must be more than $75,000
- Complete diversity: defendant and plaintiff must be from different states
Venue
- Determining federal judicial districts in which plaintiffs may bring suit
- Main factor is convenience
- Venue is proper:
- In any district where defendant resides (if all defendants are from the same state)
- In any district where a substantial part of the claim arose(where it occurred)
- How do we know which venue is proper within a state? (corporations) – interpretations:
- Corporation is a resident of all districts.
- Corporation is a resident only in the districts where they have corporate address.
- Venue Transfer
Erie Doctrine
- In diversity cases, federal courts mostly apply state substantive law and federal procedural law
- When a federal law SUBSTANTIALLY conflicts with state law, the court should apply federal law
- Procedural Law: the rules by which a case will be heard
- Substantive Law: how the facts of the case will be interpreted
- Analysis: Do you apply state or federal substantive law?
- If there is a conflict between federal and state laws, we use guided (fed Q on point)
- If federal and state laws don't directly conflict, we use unguided
- Is there a federal question on point?
Discovery
- Process where parties seek an exchange of information
- Rule 26 involves depositions, requests for production, interrogatories, and conferences
-
Scope: Material is discoverable if
- Non privileged
- Attorney-client privilege: communication between attorney and client done in private; Providing legal advice
- Work product (rule 26b3): prepared in anticipation of the litigation by the client or attorney or agent
- Non privileged
Motion for Summary Judgment
- Asks court to enter judgment against the opposing party
- Rule 56: facts are viewed in light most favorable to non moving party
- Happens after discovery and before trial
- Is there an actual dispute of facts?
- Yes, then trial
- No, then summary judgment
- The party that moves for summary judgment bears the burden of production
- Evidence is weighed in favor of plaintiff unless there is actual evidence to contradict
Preclusion
- Claim preclusion: Prevents a party who had the opportunity to litigate a claim from relitigating a claim.
- Types: merged (won in first lawsuit), barred (lost in first lawsuit)
- Issue preclusion: Prevents parties from relitigating issues of law or fact in a subsequent lawsuit, based on the conditions. Must have been valid and final on the merits of the case. There needs to have been an actual opportunity to litigate in the prior case. The party against whom the issue is asserted must have had a full and fair opportunity to litigate the issue.
Impleader
- Allows a defendant to bring a third party into a lawsuit if that third party may be liable to the defendant for the plaintiff's claim.
- The defendant is trying to make the third party liable.
- The third party now has to respond to the claim.
Intervention
- Allows a third party to join a lawsuit if they have an interest that would be harmed if not joined or if a statute gives an unconditional right to intervene.
Interpleader
- Allows a party holding a fund or property to bring all potential claimants into a single lawsuit to determine the rightful owner.
Joinder
- Claim joinder: Allows a party to bring additional parties or claims related to the same transaction or occurrence.
-
Counterclaim: A claim made by the defendant against the opposing party
- Compulsory claim: arise from the same transaction or occurrence
- Permissive claim: unrelated to the main transaction
-
Cross-claim: A claim made by one party against another party on the same side of the lawsuit.
- Can be permissive—not arising from the same transaction or occurrence
- Permissive joinder: Allows parties to join in lawsuits based on a common question of law, fact, or transaction.
Discovery Rule
- Scope: Material is discoverable if relevant to the case
- Non-privileged: communication done in private, providing legal advice
- Work product: prepared in anticipation of the litigation by the client or attorney or agent, in aid of litigation or reasonable prospect of litigation
Jury Trial
- 7th Amendment: Guarantees the right to a jury trial in civil cases
- Rule 38: States what happens in a trial process.
- Galloway: Plaintiff did not meet the burden to get a directed verdict, this does not violate constitutional rights.
Judgement as a Matter of Law
- Judge taking a case from the jury
- No way to find for the other side: rule 50
- When can a movement be made
- As soon as the other party has opportunity to be heard
- After making statements or end of evidence
Removing Jury
Removing jurors, rule 47.
- Removing jurors due to a specific reason and a preemptory challenge (race or sex).
Judgment
- Motion for a new trial
- Serious errors occurred in the trial.
- Sanders case: entitled to new trial if it prejudices litigant
- Remitter: trims jury verdict instead of a new trial
Preclusion
-
Claim preclusion (res judicata): prevents relitigation of a claim that could've been raised in a prior action.
-
Issue preclusion (collateral estoppel): prevents the relitigation of an issue of law or fact that was actually litigated and determined in a prior action.
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Description
Explore the essential concepts of personal jurisdiction, including the different types such as in rem and in personam with their respective factors. Understand the legal principles that ensure fairness when courts exercise jurisdiction over defendants. This quiz tests your knowledge on how jurisdiction is determined by factors like domicile and minimum contacts.
