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15 Cards in this Set
- Front
- Back
Subject matter jurisdiction requirements AND exclusions |
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Aggregation of claims for amount in controversy requirement for SMJ |
We aggregate claims (including unrelated ones) of one P against one D
We aggregate claims (related only) of one P against multiple D's (joint tortfeasors). Cannot aggregate claims of multiple P's unless they are seeking to enforce a joint right in which they have an undivided interest. As long as the sum of P's claims is more than $75,000, the amount in controversy requirement is satisfied. |
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Pendent jurisdiction over state claims |
If P has both federal and state claim, fed court has discretion to exercise pendent jurisdiction over the claim based on state law if the two claims derive from a common nucleus of operative fact and are such that a plaintiff would ordinarily be expected to try them all in one judicial proceeding. Can continue hearing the state claim even if the federal claim is dismissed. |
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Supplemental jurisdiction |
Once a case is properly in federal court, we have to test every single additional claim for federal SMJ.If the additional claim satisfies either diversity or federal question, it can be heard in the federal court case. If the additional claim does NOT satisfy diversity or federal question, the federal court can still hear the claim if it invokes supplemental jurisdiction.
How do we get supplemental jurisdiction?
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Removal |
Requirements for removal:
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Proper venue |
Does NOT apply to cases that were removed to federal court (those are removed to the district that encompasses the state court where the case was brought.
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Transfer of venue |
Rule: Can ONLY transfer to a district where the case could have been filed. This means that the transferee must be a proper venue AND have PJ over D. The transferee must be proper without waiver (of lack of PJ or improper venue) by D.---Exception: The court can transfer to ANY district (including an improper venue) if all parties consent and the court finds cause for the transfer. This is unlikely because P is unlikely to consent.If original venue proper, then can transfer for convenience of parties/witnesses and in interest of justice.If original venue improper, can transfer in the interest of justice or dismiss.
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Complaint |
Requirements:
D's response:
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12(b) motions |
Rule 12(b) defenses (can be put in the motion to dismiss OR the answer)
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Answer |
Includes...
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"Relation back" |
4) Amendment after the statute of limitations has run ("relation back"). "Relation back" means you treat the amended pleading as though it was filed when the original was filed, so as to avoid statute of limitations problem.---a) To join a new claim: Amended pleadings relate back if they concern the same conduct, transaction or occurrence as the original pleading.---b) To change a defendant after the statute has run: Will relate back if (i) it concerns the same conduct, transaction or occurrence as the original; (ii) the new party knew of this case within 120 days of its filing; and (iii) new party also knew that, but for a mistake, she would have been named originally.
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Rule 11 |
When lawyer or pro se party signs a document he certifies that to the best of his knowledge and belief, after reasonable investigation, that (1) The paper is not for an improper purpose,; and(2) The legal contentions are warranted by law (or nonfrivolous argument forlaw change); and(3) The factual contentions and denials of factual contentions have evidentiarysupport (or are likely to after further investigation). |
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Required initial disclosures |
Initial disclosures: Unless a court order or stipulation of parties says otherwise, within 14 days of the Rule 26(f) conference, each party must disclose:
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Permissive joinder |
P may join other P's or D's if: their claims 1) arise from the same transaction or occurrence; and 2) raise at least one common question |
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Necessary joinder |
Who is necessary?
Is joinder of the necessary party feasible?
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