Civil procedure - 2nd semester Rossi

Civil procedure - 2nd semester Rossi - Civil Procedure I....

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Civil Procedure I. Judgments A. 3 requirements for valid judgment 1. SMJ – fed q/ diversity a. Diversity—must be complete diversity and over 75k b. Federal question—no minimum amount 2. Nexus – personal JD (territorial)/Notice – opportunity to be heard a. Minimum contacts b. Territorial c. Opportunity to be heard 3. Venue--§1391 a. Where D resides or where a substantial part of the events giving rise to the claim occurred B. Direct vs. Collateral attack 1. Direct a. 50(b) – motion for directed verdict b. 59(a) – motion for new trial c. 60(b) – motion to vacate judgment d. Appeal 2. Collateral – separate proceeding to attack judgment – can’t collaterally attack if already raised in 1 st C. Lack of Competency exists when: 1. court not empowered to entertain such cases 2. Judge by laws of state has no power to deal with subject matter 3. JD amount not met A. When Raised 4. court or parties at any time even party who invokes SMJ can challenge after judgment 5. If A B, can raise SMJ after statute of lim has run, to bar A from raising in proper JD 6. Can’t agree to SMJ – nonwaivable! 7. If SMJ raised once, can’t raise again on collateral attack b/c RJ, even if 1 st court erroneous! b. When claim is already litigated it can only be collaterally attacked on the basis of SMJ (as long as it wasn’t brought up in the prior action—BUT if it was only a default judgment, then it can be attacked on any of the 3 bases of a valid judgment II. SMJ D. Intro – “cases and controversies arising under fed const or treaties/laws 1. Art III § 1331 – gives broad discretion to courts 2. 1331 – limited by 3 requirements a. Well pleaded complaint rule –Mottley must be in complaint as basis of cause of action b. must be more than mere ingredient essential and directly on federal law c. substantially and not frivolous Bell v Hood – not made for sole purpose of getting JD 1) Bell v Hood – trespass suit but claim alleges violation of 5 th and 14 th Am. a) Rule – P may choose which laws to bring claim under, therefore, if issue may be decided by federal court b/c substantial and not frivolous , then court has SMJ b) Whether damages may be had for Const violation is a merits decision on 12(b)(6),not (b)(1) 1. if it were 12(b)(1) it would not be on the merits and there would be no problem for RJ
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2) Effect of Bell – lets ‘em in front, but kicks out back a) If lets in fed q and then kicks out, court can decide all state pendant/supp. JD claims while dismissing the federal claim IF substantial relationship b) Timing – 12(b)(1) anytime/ 12(b)(6) – only up until trial E. Supplemental JD Pendent JD – P sues 1 D on multiple claims 1. 3 tier test on whether to hear a. Constitutional (Gibb ) b. Related to core of operative fact? c.
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This note was uploaded on 03/05/2008 for the course LAW civpro taught by Professor Clermont during the Spring '06 term at Cornell University (Engineering School).

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Civil procedure - 2nd semester Rossi - Civil Procedure I....

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