-
To which form of subject matter jurisdiction does the “well-pleaded complaint” rule apply?
Federal question
-
Removal is the procedure by which a case brought in _________ court is shifted to _________ court
state, federal
-
In a federal court action, a defendant, in order to avoid the waiver of venue, must object in a _________, if filed, or the _________.
pre-answer motion to dismiss, first responsive pleading
-
If suit was brought in a district with proper venue and the case is transferred to another district, the law of the _________________court controls. If suit was brought in a district that lacked proper venue, the law of the _______________ court controls.
transferor, transferee
-
Under the Erie Doctrine, a federal district court must apply which law in a diversity action?
Federal procedural and state substantive law
-
In a diversity action, the federal court will apply _____________ law to determine the role of the jury, and ________________ law to determine what defenses may be asserted.
federal, state
-
The doctrine of ______________________ provides that a final judgment on the merits of an action precludes the parties from successive litigation of an identical _______________ in a subsequent action, regardless of whether it was actually litigated in the first action.
res judicata; claim
-
a motion for judgment as a matter of law resolving the issue against a party, if:
the court finds that there is insufficient evidence for a jury to reasonably find for that party. In this case, the parties had only delivered their opening arguments.
-
An individual who has been selected to serve as a juror must participate in the verdict unless
excused for good cause, such as illness, family emergency, or misconduct. The federal rules do not authorize the dismissal of jurors to arrive at a specific number of jurors.
-
In determining whether the amount-in-controversy requirement has been satisfied for purposes of determining the existence of diversity jurisdiction, the amount of a defendant’s counterclaim may not be __________ with the plaintiff’s claim.
aggregated
-
Findings of fact cannot be set aside unless
clearly erroneous, and due regard must be given to the opportunity of the trial court to judge the credibility of the witnesses.
-
To warrant the assertion of in personam jurisdiction, a defendant’s contacts with the forum state must be
purposeful and substantial, such that the defendant should reasonably anticipate (foresee) being taken to court there. Foreseeability depends on whether a defendant recognizes or anticipates that by running his business, he runs the risk of being party to a suit in a particular state. This is the “purposeful availment” requirement.
-
U.S. district courts have diversity jurisdiction when
both (i) no plaintiff is a citizen of the same state as any defendant and (ii) the amount in controversy in the action exceeds $75,000.
-
The common-law doctrine of forum non conveniens allows a court to dismiss an action if
the court finds that the forum would be too inconvenient. To convince a court to invoke the doctrine of forum non conveniens, the defendant ordinarily bears a heavy burden to displace the plaintiff’s chosen forum. This doctrine as a common-law rule is used by a federal district court primarily when the forum that is deemed most appropriate for the action is a foreign court.
-
A cross-claim that arises out of the same transaction or occurrence may be asserted by one defendant against another defendant without regard to the amount in controversy or the citizenship of the parties to the cross-claim as long as the court has
subject-matter jurisdiction over the original claim.
-
An amendment to a pleading may be made _________ as a matter of right. When leave of the court must be sought, leave should be _________ granted.
once, freely
-
To grant a preliminary injunction, the court must determine that the plaintiff is likely to
succeed on the merits of his action at trial.
-
A plaintiff seeking a preliminary injunction must establish that:
- (i) she is likely to succeed on the merits;
- (ii) she is likely to suffer irreparable harm in the absence of relief;
- (iii) the balance of equities is in her favor; and
- (iv) the injunction is in the best interest of the public.
-
The doctrine of issue preclusion, often called “collateral estoppel,” precludes
the re-litigation of an issue of fact or law that has already been necessarily determined by a final and valid judgment as part of an earlier claim. The party against whom the issue is to be precluded (or one in privity with that party) must have been a party to the original action.
-
Under the collateral-order doctrine
an appellate court may immediately review a district court order that is distinct from the merits of the case and that is effectively unreviewable on appeal from a final judgment.
-
For statutory interpleader, diversity jurisdiction is met if any ______________ are citizens of different states.
two claimants
-
The court, on its own initiative, may order a new trial for any reason that would justify granting a new trial on the motion of a party. The court, though, must:
specify the reasons in its order.
-
Pursuant to Rule 15(a)(1)(a), a party may amend its pleading once as a matter of course within ______ days after serving it.
21 days
-
Under Rule 12(h)(1)(B), a party waives the defense of lack of personal jurisdiction by failing to include it in a
pre-answer motion, a responsive pleading, or in an amendment allowed by Rule 15(a)(1), as a matter of course.
-
When a defendant files a pre-answer motion under Rule 12, such as a motion to dismiss for lack of personal jurisdiction, the defendant has ___ days after receiving notice of the court’s decision on this motion to file its answer.
14
-
Under Rule 24, a nonparty has the right to intervene in an action when, upon timely motion,
- (1) the nonparty has an interest in the subject matter of the action;
- (2) the disposition of the action may impair the nonparty’s interests; and
- (3) the nonparty’s interest is not adequately represented by existing parties.
- The burden is on the party seeking to intervene.
-
A party seeking a preliminary injunction must establish that: ("SHEP")
- (1) the party is likely to succeed on the merits;
- (2) the party is likely to suffer irreparable harm in the absence of relief;
- (3) the balance of equities is in his favor; and
- (4) the injunction is in the best interest of the public.
- Additionally, the party seeking the preliminary injunction must provide a bond to cover the costs in the event the preliminary injunction is issued wrongfully.
-
A TRO can be issued without notice to the adverse party if the moving party can show
- (1) that immediate and irreparable injury will result prior to hearing the adverse party’s arguments and
- (2) the efforts made at giving notice and the reason why notice should not be required
-
Rule 8(b)
The answer must admit or deny the allegations of the plaintiff’s complaint. If the defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of an allegation, then the defendant must say so in the answer. This response has the effect of a denial, pursuant to Rule 8(b). Before pleading lack of sufficient knowledge, however, the defendant must make a reasonable investigation into whether the information exists and how difficult it would be to ascertain.
-
Effect of failure to deny
An allegation, other than one relating to the amount of damages, will be deemed admitted if a responsive pleading is required and the allegation is not denied.
-
Time to serve answer
If no motion is made under Rule 12, then under Rule 12(a)(1)(A)(i), a defendant must serve an answer within 21 days after being served with the summons and complaint.
If the defendant has timely waived service under Rule 4(d), then the defendant must serve the answer within 60 days after the request for a waiver was sent, or within 90 days after it was sent to the defendant outside any judicial district of the United States. Rule 12(a)(1)(A)(ii).:
-
Motion made under Rule 12
When a motion is made under Rule 12, a defendant will not have to file an answer while the motion is pending. If the court denies or postpones disposition of the motion until a trial on the merits, then the answer must be served within 14 days after notice of the court’s action. Rule 12(a)(4)(A). If the court grants a motion for a more definite statement under Rule 12(e), then the answer must be served within 14 days after service of the more definite statement.
-
Reply
A reply is a response by the plaintiff to a defendant’s answer. It can also be a response by a defendant to a plaintiff’s counterclaim answer, a third-party answer, or a cross-claim answer.
A reply is made only when the court orders it. Rule 7(a)(7).
In general, a party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time. Rule12(a)(1)(C).
-
Rule 38
Rule 38 provides that the right of trial by jury as declared by the Seventh Amendment to the U.S. Constitution, or as provided by a federal statute, is preserved to the parties inviolate. In general, an action at law (e.g., an action for damages) is tried on demand to a jury, but an action in equity (e.g., an action for injunction) is not. If a new cause of action that was unknown at common law is created, then the court must look to the remedy sought and allow a jury if the relief sought is legal rather than equitable.
|
|
