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Civil Procedure: Custom Final

Terms in this set (38)

What are the three kinds of basis for Personal Jurisdiction?
1. Traditional
2. Statutory (Long Arm Statutes)
3. Constitutional
What are the 3 Traditional bases for Personal Jurisdiction?
1. The defendant resides in the forum state
2. Defendant consented to Jurisdiction in the forum state
3. Defendant was served in forum state.
What is the Constitutional Basis for Personal Jurisdiction?
Sufficient minimum contacts between the defendant and the forum state such that exercise of jurisdiction over the defendant does not offend "traditional notions of fair play and substantial justice" and that the exercise of jurisdiction is reasonable.
When does a defendant have minimum contacts with a forum state?
A defendant is said to have minimum contacts with the forum state when s/he has purposefully availed himself or herself of the laws of the state, such that it is reasonably foreseeable that she will be "haled into court" there.
When does a defendant purposefully avail himself of a forum state?
Purposeful Availment occurs when the defendant, through his or her contacts with the forum state, has availed himself or herself of the "privilege of conducting activities" in the forum state, thus invoking the benefits and protections of its laws.
When considering whether a defendant has availed himself or herself of the privileges of the forum state, the court will consider: (1) The nature and quality of D's actions; (2) Voluntary acts of the D directed at the forum; (3) Whether D intentionally placed a good in the stream of commerce; and (4) Whether jurisdiction is established.
When does a defendant have forseeablility, regarding personal jurisdiction?
How it is foreseeable to a reasonable person, based on all the defendant's contacts with the forum state, to be haled into court in that state. For example, if you are driving on the roadways, it is foreseeable that you might be involved in a car accident which typically results in suits for personal injury and property damage.
What 5 elements play a part in determining whether traditional notions of fair play and justice are fulfilled for personal jurisdiction purposes?
1. Systemic or Continuous Contact
2. Legal claim arises out of the defendant's personal contacts.
3. Is it in the Court's Interest?
4. Is it in the Plaintiff's Interest?
5. Is it inconvenient for the defendant?
What are the two types of cases that provide Subject Matter Jurisdiction?
Diversity Jurisdiction and Federal Question Jurisdiction
What is required for Diversity Jurisdiction?
1. Complete diversity (no plaintiff can share citizenship in the same state as one of the defendants)
2. Amount in controversy must be greater than $75,000.
For Diversity Jurisdiction purposes, what constitutes citizenship.
1. Place where the person is domiciled
2. Place where the person does their principle place of business.
What constitutes citizenship for a corporation, for Diversity Jurisdiction purposes?
1. Their place of incorporation, and
2. Their principle place of business
How does aggregation of claims work, for Diversity Jurisdiction Purposes?
In order to meet the requisite jurisdictional amount, a plaintiff may aggregate two or more claims against a single defendant or aggregate a joint claim against different defendants (as with joint tortfeasors).
How is Equitable Relief measured, for Diversity Jurisdiction Purposes?
Where the plaintiff is seeking equitable relief (injunction), courts will look to (1) the value of the harm to the plaintiff or (2) the cost of compliance with the order for equitable relief.
What is the well pleaded complaint rule? (Subject Matter Jurisdiction)
The plaintiff's initial complaint must contain the references to the federal question and the federal issue evoked. The federal question and issue cannot arise in an anticipated defense, it must be presented from the initial complaint.
What is supplemental jurisdiction?
Supplemental jurisdiction refers to the court's authority to hear a claim that does not otherwise have an independent basis for subject matter jurisdiction but is joined in a single suit with a jurisdictionally sufficient claim.
What is the test for supplemental jurisdiction?
Valid supplemental claims must be a part of the same common nucleus of operative fact as the valid federal claim. Supplemental jurisdiction is barred if the Plaintiff tries to bring in another party based solely on diversity that would destroy diversity.
What is Pedent Jurisdiction?
Allows a federal court to assert jurisdiction over claims brought by a defendant that arose from the same transaction or occurrence as an action properly brought within the court's SMJ.
What is Ancillary Jurisdiction?
Allows a plaintiff who has a jurisdictionally sufficient federal question claim to join related claims that would otherwise not have SMJ to the original complaint
What is the main different between Pedent Jurisdiction and Ancillary Jurisdiction?
The main difference between Pendent and Ancillary Jurisdiction, is that Pendent Jurisdiction requires the federal and non-federal claims to arise from a common nucleus of operative fact.
What is a "joinder of parties?"
A joinder is the act of "joining" several legal issues together in the same lawsuit. A joinder allows for two or more issues to be heard during one hearing or trial, so as to make the process run more smoothly, and to help ensure the outcome is fair for all involved.
What are the two main types of Joinder?
(1) Compulsory Joinder; and, (2) Permissive Joinder.
What is a compulsory joinder?
A party must be joined if complete relief cannot be given to current parties in the initial party's absence, a decision in his or her absence might impair his or her ability to protect his or her interests, or the absence would expose existing parties to a substantial risk of double or inconsistent obligations.
What determines if the parties in a joinder are indispensable?
The factors for the court to consider include: (1) the extent to which a judgment rendered in the person's absence might prejudice that person or the existing parties; (2) the extent to which any prejudice could be lessened or avoided by: (A) protective provisions in the judgment; (B) shaping the relief; or (C) other measures; (3) whether a judgment rendered in the person's absence would be adequate; and (4) whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder.
What is a permissive joinder?
A permissive joinder allows two or more parties to join an action if they each have a claim that arose from the same incident. Similarly, a permissive joinder is allowed if there is a common question of law or fact that pertains to all of the parties' claims.
What is an impleader?
Defendants may bring in additional parties who owe indemnity or contribution to the defendant party on the underlying claim. To be brought in, the court must have personal jurisdiction over the additional party. The plaintiff may bring a separate action against the new defendant once it's brought in, so long as subject matter jurisdiction or supplemental jurisdiction exists over the new party. Impleader must be brought within 14 days of serving an answer, or else leave to implead must be requested by the court.
What is intervention?
When a third party wants to join a pending lawsuit, it may as either plaintiff or defendant, although a court may realign the intervening party if it believes that it is entering on the wrong side. Intervention is allowed if the party's rights will be involved by not being involved and is timely.
What interpleader?
To avoid multiple litigation and inconsistency, a party holding property may force all potential claims into a single lawsuit. All of the potential claims must be diverse from the party holding the property.
What are class action requirements? (4)
1. Numerosity:
The number of participants in the matter is too unwieldy for joinder to be effective.
2. Commonality:
Common questions of law or fact are in common to all the members of the class and the representative.
3. Typicality:
The representative's claims must be typical for the members of the class.
4. Adequate Representation:
The representative must represent the class fairly and adequately.
How do damages work in Class action lawsuits?
The amount in controversy is the total amount for each of the members of the class. Any judgment is binding on the entire class unless individual members opt out. Members must be told that they can opt out and are bound if they fail to, and that they may make separate appearances through their own counsel if they so choose.
How do Identical claims work in claim preclusion?
Identical Claims
There must have been prior litigation in which identical claims were raised (or could have been raised). In general, claims are sufficiently identical if they are found to share a "common nucleus of operative fact."
What are the requirements for claim preclusion?
Identical Claims, Identical Parties, and Final judgment on the Merits
How do identical parties in claim preclusion?
Identical Parties
The parties in the second litigation must be identical in some manner to the parties in the original litigation, or be in privity with the parties in the first action.

A party is considered to be in privity with a party in the original litigation if:
1. The non-party succeeded to the interest of a party;
2. The non-party, though it did not technically participate in the first suit, controlled one party's litigation in that suit;
3. The non-party shares a property interest with the party;
4. The party and the non-party have an agency relationship (agent/principal); or
5. The party otherwise adequately represented the interest of the non-party in the previous litigation.
How does Final Judgment on the Merits work?
Final Judgment on the Merits

There must have been a final judgment on the merits in the original litigation.
How does issue preclusion work?
If an issue has been decided in a particular case, it is treated as decided—without further proof—in any subsequent litigation that involves the issue. In other words, a person or party who seeks to re-litigate any already decided issue is collaterally stopped from doing so. Before a court will apply the doctrine of collateral estoppel, three elements must be satisfied:
What are the three elements in issue preclusion?
Identical Issue
There must have been a prior litigation in which the identical issue was brought before the court.

Actually Litigated
The issue must have been actually litigated in the first judicial proceeding, and the party against whom collateral estoppel is being asserted must have had a full and fair opportunity to litigate the issue in the first judicial proceeding.

Issue was decided
The issue must necessarily have been decided and rendered as a necessary part of the court's final judgment.
How does mutuality work?
A party cannot be bound by issue preclusion if they were not bound by prior litigation, and thus anyone can raise issue preclusion as a defense. Specifically, non-mutual collateral estoppel is the exercise of collateral estoppel by a person who was not a party to the prior litigation. That person might be a defendant (asserting it defensively, thus "defensive non-mutual collateral estoppel"), or a plaintiff (asserting it offensively, thus "offensive non-mutual collateral estoppel"). Non-mutual collateral estoppel (or "NMCE") is the modern trend but is still not permitted in some jurisdictions. However, even where permitted, NMCE cannot be used against a party unless that party (or their privy) had their day in court on that issue in the prior litigation. Due process prohibits the exercise of collateral estoppel against a person who was not a party or a privy to the prior litigation because they never had a prior opportunity to be heard on the issue.
How does NON-MUTUAL DEFENSIVE COLLATERAL ESTOPPEL work?
A defendant's use of the doctrine to prevent a plaintiff from re-litigating an issue that the plaintiff had litigated and lost in prior litigation. This is typically referred to as "defensive non-mutual collateral estoppel." In essence, the doctrine is being used as a shield against a plaintiff's claim.
How does NON-MUTUAL OFFENSIVE COLLATERAL ESTOPPEL work?
A doctrine asserted by a plaintiff (the person in the offensive position) that prevents a defendant from relitigating an issue that was previously decided against that defendant in a case with a different plaintiff.
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