Subject Matter Jurisdiction:
does the the court have the authority to hear this type of dispute? Under diversity or AIC.
Article III s. 2: Outlining what fed courts can hear. Satisfied by Min. diversity.
Amendment 10: if not given to the feds, then reserved by states
U.S.C 1331: Needs to arise under constitution + laws of U.S.
U.S.C 1332 (a): Courts will have orig. jurisdiction when complete diversity and AIC of 75+.
U.S.C 1332 (c): Corporate citizenship – incorporation or PPB.
Federal Question Jurisdiction:
U.S.C 1331: Needs to arise under constitution + laws of U.S.
Amendment 10: if not given to the feds, then reserved by states
Rule 12(h)3 – if anytime there is no SMJ, courts must dismiss.
Removal
U.S.C 1441 (b) – if diversity issue: def can’t be a citizen of the state where case is filed to remove it.
U.S.C 1446
U.S.C 1447
Personal Jurisdiction
Do the courts have authority over this person?
14th Amendment s. 1: can’t deprive someone of their liberty/prop. w/out due process. If courts don’t have
authority.
Notice
Rule 4 (a-e) outlines the req. of summons and notice.
Transfers
S.1406: if improperly filed and want to fix.
$1404: if filed properly and want a more convenient forum.
Venue
A particular court system where P can file.
U.S.C 1391 b1: a district in which any def. resides
U.S.C 1391 b2: a district where events took place, or prop. Is located.
U.S.C 1391 b3: no district in which action can be brought, then any district where court has PJ.
Starting a Claim
Rule 7a: what pleadings are allowed
Rule 8a: what must be included in the complaint: short stat. for juris. Show how person is entitled to and what
is sought.
Rule 8b: defences, denials.
Rule 9b: Heightened Pleading standard.
Rule 10
Answering the Complaint
What a defendant can do once they receives a complaint.
Rule 8b: how to respond.
Rule 8c: affirmative defenses: your legal excuse.
Rule 12:
Rule 12b: defenses that can be raised.
o Lack of SMJ – never waived. can be raised anytime (even on appeal)
o Lack of PJ
o Improper venue
o Insufficient process
o Insufficient service of process
o Failure to state a claim upon which relief could be granted
o Failure to join a party under Rule 19.
Rule 12b6: sufficiency of the claim can be challenged.
Rule 12e: motion for a more definite statement
Rule 12f: motion to strike something. By party or sua sponte.
Rule 12g – Joining motions: only allowed to file 1 pre-answer motion, all R12 objections into this. Risk of
waiving some.
Rule 12h – defences 12b2-5, must be brought up when first
Rule 55 Ethical Considerations
Lawyer needs to act with care and candor.
Rule 11: Signature required on all documents presented in court.
Rule 11b:
Amendments
Rule 15: amendments w or w/out leave of court.
Amendments Relating Back
Rule 15c: pulling in new party, but they should have known. They need to relate back.
Joinder of Claim and Parties
Every claim in fed. court still needs basis for SMJ and PJ
Rule 18: You can join as many claims as you want against a party. Need an anchor claim.
Rule 20a – Plaintiff decides who may be joined on the other side. Same T/O, time, space, origin, similarities,
efficiency
Counterclaims
Rule 13a: compulsory counterclaim. Need to arise out of the same T/O. If you don’t bring, you lose.
Rule 13b: permissive counterclaims
Crossclaims
Claims against a co-party
Rule 13g - need to arise out of the same t/o. Once first crossclaim is related, others allowed.
Rule 13h – joining additional party.
Impleader Claims
Used by def.
Rule 14: Brings in a 3rd party defendant - owes contribution if D found guilty.
Supplemental Jurisdiction
Joinder rules don’t give SMJ, so use Supp Juris.
U.S.C 1367: if courts have original juris, can use supp. to bring in claims.
U.S.C 1367B: if juris based in diversity can’t use it for claims by P under R14, R19, R20, R24.
Discovery
Rule 26b: dictates what is within scope.
Rule 26b1: privileged matter is off limits.
Discovery Tools
What parties can use to help their cases.
Rule 26a: required automatic disclosures. 14 days.
Rule 30a-d: depositions allowed only once.
Rule 33: interrogatories - written questions b/w parties.
Rule 34: document requests.
Rule 35: mental or physical exam.
Rule 36: request for admissions.
Summary Judgment
Rule 56: if no genuine dispute as to any material fact.
JNOV
Rule 50.