!!CIVPRO_FINAL_OUTLINE

!!CIVPRO_FINAL_OUTLINE - Joinder of Claims I. Introduction...

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Joinder of Claims I. Introduction i. There are two distinguishing features of civil procedures in the United States: 1. Discovery increases the depth of any given lawsuit 2. JOINDER OF CLAIMS increases the BREADTH of a lawsuit ii. Two part Analysis 1. Is Joinder Permissible under the Rules? 2. Is there Jurisdiction? II. Joinder of Claims A. A plaintiff may have more than one claim against a defendant , and a defendant may have claims against the plaintiff B. Joinder of Claims by Plaintiff a. “Plaintiff is the MASTER OF THE CLAIM - up to plaintiff OR his lawyer to decide who the parties will be and which claims to assert 1. Federal Rules i. RULES eliminated ALL BARRIERS to JOINDER CLAIMS BY a Plaintiff ii. RULES solve trial management problems by permitting judge to severe claims for trial convenience iii. Joinder is PERMITTED, BUT NOT REQUIRED . However there are powerful incentives for plaintiffs to join claims 2. Joinder and Jurisdiction a. Subject Matter Jurisdiction 1. Diversity Jurisdiction (1332) - brings nonfederal claims into federal court between citizens of different states. 1
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Amount in Controversy MUST EXCEED $75,000 (Not counting interest or Cost of litigation) Ultimate recovery is immaterial to Diversity, BUT , If amount of judgment is under $75,000, PLAINTIFF MAY BE LIABLE Aggregation - is when you add two more claims to get over monetary requirement. CAN aggregate Multiple Claims with SAME DEFENDANT Claims DO NOT Need to be factually similar AND CANNOT AGGREGRATE with MULTIPLE PARTIES Multiple Parties - For COMPLETE DIVERSITY every plaintiff MUST Be of diverse citizenship from EVERY DEFENDANT Diversity MUST EXIST AT THE TIME THE SUIT IS INITIATED NOT When Cause of Action arose BUT IS NOT DEFEATED if after the suit has begun a party has become a citizen of the same state as the other party . Person is citizen of state where she is DOMICILED (only 1 domicile at a time) UNTIL CHANGED By EITHER PRESENCE IN STATE (PHYSICAL) OR (SUBJECTIVE INTENT to make it a permanent home) Citizenship of Corporation section 1332(c)(1) - where INCORPORATED OR PRINCIPLE PLACE OF BUSINESS 2. FEDERAL QUESTION (18 USC section 1331) Must APPEAR IN ORIGINAL COMPLAINT ANTICIPATION OF A DEFENSE - Complaint does not raise federal question by defense or anticipation of a defense b. Federal Courts have LIMITED JURISDICTION: DO NOT HAVE JURISDICTION UNLESS a provision of the Constitution and a Statute grant them. 2
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c. Supplemental Jurisdiction Pendent Jurisdiction - Federal Court may hear both a federal and nonfederal claim at the same time if both compromise one constitutional case. If the Federal Claim is DISMISSED the court still has discretion to hear the pendent claim Elements 1. Plaintiff’s ORIGINAL CLAIM MUST BE A FEDERAL CLAIM and; 2. BOTH CASES MUST Arise from a COMMON NUCLEUS OF OPERATIVE FACT where plaintiff would ordinarily expect to try them all in one judicial proceeding. ( Jurisdiction is discretionary) Ancillary Jurisdiction
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!!CIVPRO_FINAL_OUTLINE - Joinder of Claims I. Introduction...

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