Civ_Pro_Vaughns1 - Civil Procedure Capsule Outline...

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Civil Procedure – Capsule Outline Professor Vaughns Spring 2002 Angie Zagami I. Subject Matter Jurisdiction – involves a court’s authority to rule on a particular type of case [NOT waivable – the defendant can bring it at any time] A. Diversity Jurisdiction 1. Article III §2 authorizes diversity jurisdiction to provide a forum for persons who might be victims of local prejudice 2. §1332 – complete diversity a. diversity is determined by a person’s domicile b. a corporation is a citizen of every state it is incorporated and the state of its principal place of business c. in class actions, only citizenship of the named defendants is considered d. diversity need only exist at the commencement of the action 3. the amount in controversy must exceed $75,000 a. Legal Certainty Test – the amount claimed by plaintiff is determinative unless defendant shows to a legal certainty that the minimum cannot be met b. Aggregation of claims – separate claims can be aggregated to satisfy the requirement in the following situations i. all claims of a single plaintiff against a single defendant, even if the claims are unrelated ii. the claims of a single plaintiff against several defendants only if all defendants are jointly liable iii. claims of several plaintiffs against one defendant only if plaintiffs have a common undivided ownership interest in the claims iv. counterclaims cannot generally be aggregated B. Federal Question 1. Article III §2 extends the federal judicial power to cases arising under the constitution, the laws of the U.S., and treaties, cases affecting ambassadors, consuls, etc; admiralty cases; and cases to which the U.S. is a party. 2. § 1331 – The district court shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the U.S. 3. Well – Pleaded Complaint Rule – the federal question must appear in the properly pleaded allegation in the complaint. If the federal law did not create the claim sued upon, this means the federal issue must be a required element of the state law claim a. anticipation on a defense based on a federal question is insufficient II. Supplemental Jurisdiction – where jurisdiction is proper, federal courts have jurisdiction over all jurisdiction over all issues in the case, not just the federal question A. In determining whether supplemental jurisdiction is proper, the Court will ask whether, 1. the federal claim is sufficiently substantial; 2. the federal and nonfederal claims arise from a common nucleus of operative facts 3. the federal and nonfederal claims are such that they would ordinarily be tried in one judicial proceeding B. § 1367 (b) When subject matter is based soley on diversity, there is no supplemental jurisdiction over claims under 1. Rule 14 (impleader) 2. Rule 19 (necessary party joinder)
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3. Rule 24 (intervention) 4. Rules 19 – 24 (joinder) C. A federal court can decline to exercise supplemental jurisdiction where 1. a novel or complex
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Civ_Pro_Vaughns1 - Civil Procedure Capsule Outline...

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