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how to prepare and proceed the civil procedure legal case in court of law
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Subject Matter Jurisdiction
Federal Question
federal issue must be presented in the plaintiff’s well- plead complaint; federal defense is not sufficient
Diversity Jurisd‐ iction
Must be complete diversity between the parties, amount in controversy exceeds $75, (can aggregate if jointly liable)
Citize‐ nship of Parties
Individuals—domiciled where they are present with intent to remain indefinitely; Corporati‐ ons—domiciled where incorp‐ orated AND where the principal place of business is located
Supple‐ mental Jurisd‐ iction
Court may exercise supple‐ mental jurisdiction over additional claims so long as the claims arise out of a common nucleus of operative fact as the original claim; additional plaintiff cannot destroy diversity
Rejection of Supple‐ mental Jurisd‐ iction
Court discretion if: The claims are complex or predominate the lawsuit; The federal law claims are dismissed; or tere are any other compelling reasons to decline jurisdiction.
Subject Matter Jurisdiction (cont) Removal Defendant may remove so long as the federal court can exercise SMJ over the case Additional removal factors
no defendants can be citizens of the state in which the claim was originally filed; Motion for removal must be filed within 30 days of receiving the complaint; All defendants must join in or consent to removal
Personal Jurisdiction Tradit‐ ional Basis
service while voluntarily present; domicile; consent
Long- Arm Statute
Due process and fairness
Due process
Minimum contacts (purposeful availment and relatedness); Fairness Specific Jurisd‐ iction
action arises out of the defend‐ ant’s conduct
General Jurisd‐ iction
defendant is essentially “at home” in jurisdiction
Fairness Interest of the forum state in adjudicating the matter; Burden on the defendant of appearing in the case; Interest of the judicial system in efficient resolution; and Shared interests of the states in promoting common social policies
Venue Approp‐ riate Venue
Any district in which the defendant resides if all defendants reside in the state where the district is located; Where a substantial part of the events or omissions occurred, or where the property is situated; or If neither of the above apply, venue is proper in a judicial district where any defendant is subject to PJ Transfer of Venue
PJ, SMJ, venue appropriate, interest of justice
Erie Doctrine Federal Question Jurisdiction
Federal substantive and procedural law will control.
Diversity Jurisdiction
Court applies state substa‐ ntive law and federal procedural law Substance v. Procedure
substantive- damages, SOL, evidentiary privileges
Pre-Trial Injunctions Temporary Restra‐ ining Order
Party seeks to maintain the status quo prior to a hearing for a preliminary injunction. Must show immediate and irreparable injury and effort was made to give notice to opposing side. Last 2-14 days
Pre-Trial Injunctions (cont)
Prelim‐ inary Injunction
Requires notice to the opposing party and a hearing. Must show Likely to succeed on the merits; Likely to suffer irreparable harm in absence of injunction; Balancing the equities favors granting; and Injunction is in the best interests of the public
Pleadings
Rule 4 Service of Process
Corporations—service may be made on an officer, managing agent, general agent, or agent appointed or authorized by law
Rule 12(b) Motion to Dismiss
lack of SMJ, lack of PJ, improper venue, etc.
12(b) Motion Timing
SMJ- any time; PJ/ venue/ process- at first opportunity; state a claim/ join a necessary party- in any pleading, motion for judgment, or at trial
Rule 15 Amendments
Plaintiff may amend its pleading once as a matter of right within 21 days after service on the defendant. Otherwise seek leave of court or written consent from opponent
Adding a new claim
Permitted if: original complaint was timely and new claim arises out of same transaction or occurrence
Pleadings (cont) Adding a new Defendant
permitted if: claim arose out of same conduct, transaction, or occurrence; new defendant received notice of the action within 90 days of the original complaint; and new defendant knew or should have known that but-for a mistake, he would have been part of the original complaint Rule 11 Standards for Filing
when documents are submitted, certifies that the documents are filed in good faith. If challenged, must withdraw or revise the document. May be subjected to sanction
Multiple Parties and Claims Rule 19 Compulsory Joinder of Parties
party must be necessary, must be PJ, must be SMJ. If adding the party would ruin diversity, the court must decide whether the party is indispensable (dismiss the case) or not (proceed without the party)
Multiple Parties and Claims (cont) Necessary party if:
Court cannot afford complete relief without the party; There is a danger that the party would be harmed without joining; or There is a risk of an inconsistent judgment or double liability New party is indisp‐ ensable
Extent to which judgment would prejudice the parties in the person’s absence; Extent to which prejudice could be reduced or avoided by protective provisions; Whether a judgment rendered would be adequate; and Whether the plaintiff would have an adequate remedy if action were dismissed for nonjoinder Rule 13 Cross-‐ Claims
Can bring a cross-claim so long as it arises out of the same transaction or occurrence as the plaintiff’s original claim. Must have SMJ Rule 14 Impleader
Impleaded claim must relate to the original claim between the plaintiff and the defendant. Must have SMJ.