254644710-Civil-Procedure-Bar-Exam-Outline.docx

254644710-Civil-Procedure-Bar-Exam-Outline.docx - CIVIL...

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CIVIL PROCEDURE BAR EXAM OUTLINE I. Jurisdiction and Venue a. Federal subject matter jurisdiction i. Federal question 1. Any claim that arises under a federal law a. Claim must be enforcing federal right. b. No diversity or amount is required. i. Complaint must be well pleaded. ii. Diversity (Tested with High Frequency) 1. Must be complete diversity between P and D. a. Determined by domicile (people have one) i. Domicile—presence and intent to remain. 1. Use last domicile until another is established. 2. Test for diversity at time the case is filed. ii. Includes alienage (different country v. U.S. citizen) b. Corporations (can have two) domiciled where incorporated and/or PPB. i. For LLC—where any of its members live. 2. Amount in controversy must exceed $75,000 (claim only). a. Claim must be made in good faith. b. You can add two claims together to meet amount. iii. Supplemental 1. Additional claims may be brought in federal court—even if does not meet FQ/diversity if claim arises from the same transaction and occurrence. 2. P may not add new D in case if complete diversity would be violated. a. Statute may prevent SJ in diversity cases regarding the P. iv. Removal 1. D may remove a case from state to federal court if proper. a. D must do so within 30 days after service. i. Any case involving FQ/diversity 1. In diversity, no removal if D is sued in home state. a. No removal if in state court for over a year. b. Personal jurisdiction i. PJ exists in state/federal court if state statutes and Constitutional requirements are satisfied. 1. Each state is free to create its own statutes for PJ. 2. Constitution requires D to have minimum contacts w/ forum. a. General personal jurisdiction: i. Defendant is domiciled in the forum ii. Defendant consents iii. Defendant is served with process in the forum b. Specific personal jurisdiction i. Contact w/ forum (not systematic and continuous?) 1. D purposeful availed himself to the forum. 2. Foreseeable that D could be sued in the forum.
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3. Claim arises from D’s contact/interaction with forum. a. Fairness—the court won’t allow SPJ if D is put in severe disadvantage. b. State interest—protect its citizens. c. P’s interest—sue at home. c. Service of process and notice i. Process is the summons and complaint 1. Any non-party person over 18 can serve process. 2. Delivery to person or agent at D’s usual place of abode. 3. Federal court allows service in compliance with state laws for service. d. Venue, forum non conveniens, and transfer i. Venue is a procedural issue—apply federal law only (no erie). ii. P may lay venue in any district where all defendants reside (domiciled) or where a substantial part of the claim arose. 1. Venue is proper if district has personal jurisdiction over the D. iii. Forum non conveniens is a discretionary power that allows courts to dismiss a case where another court, or forum, is much better suited to hear the case. (Convenience).
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  • Spring '08
  • WOOLEY
  • Federal Rules of Civil Procedure

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