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The courts power to act with respect to the generic type of dispute before the court in the posture in which it has been filed. Federal courts: LIMITED jurisdiction EXCLUSIVE fed jurisdiction: bankruptcy EXCLUSIVE state juris: family law, divorce A. ARISING UNDER Two Bases of Authority 1. Article III, Section II: BROAD reach 2. 28 USC 1331: of all civil actions arising under the constitution: NARROW scope Requires that the claims the is making bring up a federal issue: established by Motley case Two Categories of Arising Under 1. Category 1: specific federal statute violation, ex: motley 2. Category 2: the claims are based in STATE LAW but theres something that causes the federal courts to say that it is under federal law. a. Test: 1. Does a state law claim necessarily raise a stated federal issue, actually disputed and substantial, which a federal forum may entertain without disturbing any congressionally approved balance of federal and state judicial responsibilities? a. Does the state law claim NECESSARILY raise this federal issue? b. The federal issue has to be actually in dispute AND has to be substantial: the central issue in dispute. c. A federal forum can entertain w/o disturbing any congressionally approved balance of responsibilities. A case that wont lead to other similar cases being filed in federal court. i. Cannot use an ANTICIPATED defense. B. DIVERSITY Two bases of authority: 1. Article III, Section II: BROAD reach [same as for Arising Under] 2. 28 USC Section 1332 a. complete diversity: no can be from the same state as any i. Citizenship/domicile= residence with intent to remain indefinitely ii. You keep your old domicile until you acquire a new one. b. amount in controversy: a very clear amount in controversy prerequisite. Must exceed $75,000.

1. Subject Matter Jurisdiction

i. Monetary v. non-monetary 1. Injunction: ask the court to order the to stop doing something. a. Test: Loss to the i. What is the valve to the if the court rules in their favor? ii. What is the loss to the if the court rules in favor of the ? c. Corporations: 1332(c)(1) citizen of every state in which it has been incorporated & where it has its principle place of business dual citizenship. d. Parties Improperly or Collusively Made a. Business entities [Unincorporated] do not have citizenship apart from their members. b. Section 1359: Collusive Joinder improperly or collusively joined in order to gain certain jurisdiction. e. Changing citizenship BEFORE filing: FREEZE diversity as of the time of filing. i. You can change citizenship for the purpose of creating federal jurisdiction but it has to be a legal change. f. Aggregating Claims: to add claims together; not allowed in federal courts EXCEPT when a single aggregates all of the claims that she has against a single . g. Standard for satisfaction: amt in controversy is determined by the amount claimed by the plaintiff i. Recovering less: the court has the authority to NOT award the costs but to impose the costs. C. Removal [Sections 1441, 1446. 1447] - Strictly statutory A. 1441: Removal of Civil Action a. Started in state court b. can remove [1441a] c. Based on diversity of citizenship i. May not be removed if any of the parties in interest is a citizen of the state in which the suit was brought. B. 1446: Procedure for Removal a. File in the district court, include a statement for the grounds of removal. b. Requirements: i. Notice filed w/in 30 days ii. All properly joined must join/consent to removal c. Based on diversity of citizenship

2. Personal Jurisdiction
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i. May not be removed more than 1 yr. after commencement unless acted in bad faith. d. shall give written notice to all parties & file a cop with the clerk C. 1447: Procedure After Removal a. Motion to Remand i. Remand on the basis of defect must be made w/in 30 days: lack of fed SMJ A court must have both SMJ and personal jurisdiction to hear a case. PJ: power to enter a valid judgment with respect to the specific litigants 14th amendment Two part test: 1. Due Process [Minimum Contacts] a. If a person is not present within the territory/forum in which he is being tried, he has to have certain minimum contacts such that the maintenance of the suit does not offend traditional notions of fair play & substantial justice General Jurisdiction 1. When personal jurisdiction is found to exist even though the plaintiffs claim is NOT related to the defendants contacts with the state. 2. PURPOSEFUL AVAILMENT: the unilateral activity of those who claim some relationship with a nonresident defendant cannot satisfy the requirement of contact with the forum state. It is essential that in each case that there be some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum state. [comes from DENKLA] Systematic and continuous contact. Sales are considered targeted. Specific Jurisdiction 1. When the claim is related to the contact with the state and personal jurisdiction is found to exist. [comes from Intl Shoe & McGee v. Intl Life] One contact [one contract] creates personal jurisdiction: initiated contact & maintained it. Ongoing contact 2. State Long Arm Statute A law passed by a legislative body [typically a state legislature] that makes a determination as to how

readily they want their state courts to be available to sue a non-resident. Applies in state & federal RULE 4 1. laundry list: specifies the acts or omissions that will subject NON-RESIDENT to PJ in the courts of that particular state. 2. limits of due process: must establish that the minimum contact test is satisfied. Reasonable Anticipation 1. Burger King v. Rudzewicz: should a company expect, through their business transactions that their product might make it into the state in question. Targeted Effects Test: only used with intentional torts; does PJ exist? 1. Does behavior come within the states long arm? 2. Minimum contacts met? Commercial [General] 1. Incorp in state, headquarters, extensive contact Non-Commercial [Specific] 1. Where an individual is domiciled Internet Contacts [sliding scale] 1. Passive v. interactive websites Tag Jurisdiction 1. Transient jurisdiction; an individual is served with PJ while in the statethe jurisdiction of THAT state applies 2. Served with personal service in the state under your own free will. Challenging Personal Jurisdiction 1. Deemed to consent to PJ by filing in that state PJ can be waived or confirmed by consent Consent by General Appearance: showing up & litigating Special Appearance: showing up only to challenge the jurisdictional issue [fed courts DO NOT allow this] Choice of law provision: provision of a contract stating that any disputes shall be governed by the LAW of a specific state. Forum Selection Clause: disputes that arise will be litigated in the COURTS of a given state. 2. Direct Attack: show up & challenge PJ directly in the original law suit; if the court disagrees w/ you, you MUST litigate in that state 3. Collateral Attack: allow entry of default judgment; when opposing party attempts to enforce judgment, challenge PJyou do NOT get to argue your case.

DUE PROCESS; 2 part test: 1. Does service conform to the law? 2. Does it satisfy due process? - Service of Process o Challenges: The service: 12b5 The paperwork: 12b4 o Purpose: give notice that theyre being sued & give opportunity to respond o REASONABLY CALCULATED TO INFORM. MULLANE TEST - If you know the persons name & address, you should let them know by mail; personal contact is preferred. o RULE 4 - Completely at option; if yes, o Send the complaint & 2 copies of waiver & prepaid envelope to to waive service of summons. [explain consequences o given 30 days to respond. If does not waive & does not have a good reason: MUST pay for costs of serving & summons & attorney fees. If does waive, 60 days to file answer instead of 21. Does not waive any other challenges Third consideration in determining where to file a lawsuit HAS TO BE CONSENTED TO NO CONSTITUTIONAL BASIS - Entirely statutory: 1390, 1391, 1404, 1406 look for judicial district 1. 1391: a. (b) where any reside [if all from same state]; Where claim arose b. (c) where individuals & business resid i. resides=domiciled for individuals ii. Corporations: 1. : residence, place of business 2. : any jud. Dist. Where is subject to PJ c. (d) ONLY for Corporate : w/in a state w/ multiple districtsuse PJ test: 1. Minimum contacts & 2. Long arm statute. 2. 1404: - Transfer of venue when the original venue choice was proper - Allows for a transfer even if venue was not originally proper, if all parties consent. o Only way to know is to do a full analysis under 1391.

3. Notice & Service of Process

May be moved for convenience of parties and witness in the interest of justice 3. 1406: - Original venue choice was improper; 1406athe court will dismiss unless it is in the interest of justice: the court may transfer it to the appropriate venue. - Motion to transfer: NOT removal. 5. FORUM NON CONVENIENS - Judge created doctrine allowing a court with jurisdiction over a case to dismiss it because the convenience of the parties & the interest of justice would be better served if the case were brought in a court having proper venue. - Federal court: should be heard in another country. - If you can use 1404 you CANNOT use FNC. Gilbert Factors - Availability of proof - Compulsory process - Jury view of premises - Practical problems of inexpensive & expeditious trial - Public interest considerations - Interest of plaintiff in his choice of forum Pleadings= papers filed; drafting, filing, & serving Two functions: 1. Permit the elimination of complaints or allegations that dont have any legal significance 2. Guide parties and court of the conflict in the cases. a. Allows more cases to go on to discovery b. Notice pleading. - FRCP 7 (a) COMPAINT ANSWER TO COMPLAINT (b) Motions & other papers o Must be in writing o State with particularity grounds for the order o State the relief sought - FRCP 8: 3 prerequisites 1. Jurisdictional allegation 2. Short & plaint statement of the facts 3. Request/prayer for relief - FRCP 10: Form of Pleading 1. Caption & 7a designation 2. Paragraphs

6. PLEADINGS

4. VENUE

3. Adoption by reference; exhibits FRCP 84: Forms; Form 11 Standard: o Conley: the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the can prove no set of fact in support of his claim which would entitle him to relief. o Twombly : facial plausibility o Iqbal: TEST: look @ the complaint, go through line by line & eliminate any conclusory allegations; with whats left, do the remaining allegations plausibly state a claim. Pleadings: o Inform what the lawsuit is about; plaintiffs allegations o Answer: directly focused on the complaint

7. ANSWER - In responding to a pleading, a party must: o State in short & plain terms its defense; and o Admit or deny the allegations asserted against it. Denialsresponding to the substance. General & Specific Denials: intends to deny all allegationsmay do so by a general denial. Denying Part of an Allegation: must admit a particular part that is true & deny the rest. Lacking Knowledge or Information: effect of a denial. Failure to deny: admitted if not denied. o Affirmative Defenses Statute of limitations -

8. SANCTIONS

9. AMENDMENTS

Rule 11 a. Discretionary with the court b. 21 day safe harbor c. Discovery is excluded d. Applies when paper is filed e. Imposed on attorneys, firms, parties f. Paid to the courts o Must give the opportunity to fix the motion Section 1927 o Counsels liability for excessive costs Courts inherent powers o Behavior that happened before papers are filed

Rule 15 3 ways to amend: 1. As a matter of course [allowed once]

10. INTERPLEADER

2. Written consent of opposing party 3. Courts permission Relation Back [15c] o Allowed IF (1) added knew about suit so no prejudice & (2) knew/should have known the suit would have been brought against it if not for the mistake Supplemental Pleadings: 15d o Subsequent events arising after the date of the pleadings being supplemented. o No RIGHT to file; always need permission JOINDER o Counterclaims [Rule 13] Compulsory, 13a: same transaction or occurrence Permissive, 13b: can be brought at any time, unrelated to the occurrence. o Cross-Claims [Rule 13g] Same transaction or occurrence Against a co-party Permissive Supplemental Jurisdiction [Section 1367] o Additional claim that does not have independent AU/DJ has to be so related to the original claim Joinder of Claims [Rule 18] Joinder of Parties [Rule 20] o 2 part test: 1. Requires same transaction, occurrence, or series of events, AND 2. Question of law or fact common to all same side parties Consolidation & Severance, Rule 42 o Common question of law/fact; sever for any claim for convenience. Misjoinder, Rule 21 o Court can fix problems Intervention, Rule 24 o (a) as of right o MUST permit [1. Given an unconditional right by fed statute; 2. Claims an interest relating to the transaction that is the subject of the action] o (b) permissive o MAY permit [1. Given conditional right; 2. Shares common question of law/fact] Joinder device Stakeholder: filing the action Claimants are 2 types/bases 1. RULE interpleader [Rule 22]

Persons with claims that may expose a to multiple INCONSISTENT liability may be joined as a and required to interplead. The rule SUPPLEMENTS the remedy provided under Sections 1335, 1397, 2361. Check statutory interpleader FIRST; the federal subject matter [diversity] jurisdiction requirements are minimal statutory is easier to satisfy. If you cannot satisfy statutory, check RULE interpleader: you can check to satisfy Arising Under OR traditional Diversity TRADITIONAL. If neither of these work, there are no other options to get interpleader in the federal court: take it to state court.

12. DISCOVERY

NOTICE: not required for b(1) or b(2) subsets, but can be imposed by the court. o The best notice practicable is required for b(3)members may decide to opt out. Settlements: once certified, the court must approve any settlement

Rule 23 Involve numerous individuals, suing for $$ relief; typically have one named representing the entire class [approved by the court] - NEED: o SMJ: Traditional Arising Under, traditional Diversity Jurisdiction [named different citizenship than ] + [amount in controversy], supplemental jurisdiction to fold in other class members, OR CLASS ACTION FAIRNESS ACT [1332d] Minimal diversity: any has different citizenship from any Aggregate claims to exceed the sum or value of $5,000,000 Must satisfy all 4 prerequisites: o Numerosity o Commonality o typicality o adequate representation must satisfy 1: o b(1): inconsistent results o b(2): civil rights class action o b(3): predominance & superiority Superiority requirements 1. Class members interests in controlling prosecution or defense 2. Extent and nature of litigation already begun 3. Desirability or undesirability of concentrating litigation, AND 4. Likely difficulties in managing - Certification: the court will go behind you after you file the complaint and verify that you satisfy all of the elements; the court then decides to grant class certification.

11. CLASS ACTIONS

An investigation for information pertaining to your clients case: from the other side & third parties Scope: Rule 26b o Has to be relevant, cannot be privileged o Attorney-client privilege but communications cannot shelter true evidence Work-Product Rule [Hickman v. Taylor] Protective Orders [Rule 26c] o Always try to work it out outside of the court first must give the court good reason why the info/person/process should be protected Disclosures [26(a)(1)] Experts [26(a)(2)] 1. Depositions [Rules 28a, 29, 30, 31, 32] a. Questions & answers given under oath b. Very expensive c. Scheduling: 30(b)(1)check what is mutually convenient, must give reasonable written notice, state time & place, 2 weeks notice, must disclose how it will be taken d. If the person is not a party, must be subpoenaed i. Subpoena duces tecum: the materials designated for production must be listed in the notice or in an attachment. e. Objections: make them during the questioning, they are noted but you answer anyway. f. Limitations: Rule 30 i. Maximum 10 ii. Cannot last longer than 1 day of 7 hours 1. All can be averted w/ parties consent 2. Interrogatories [Rule 33] a. Limited to 25 b. Written questions c. Used to acquire general information d. Limited to parties e. Must serve answers w/in 30 days 3. Request for Admissions [Rule 36] a. Deemed admitted unless denied within 30 days i. Only for the purposes of that suit 4. Request for Production of Documents [Rule 34] a. Must serve written response w/in 30 days b. Admitted unless denied w/in 30 days

c. Choice of respond. Party as to how to present docs 5. Physical & Mental Exam, Rule 35 a. Expensive & invasive b. Must have a court order c. Mental/Phys must be in controversy i. Is it in the pleadings? ii. Specific allegations? 6. Duty to Supplement Responses, Rule 26e a. Do not wait to be asked, if anything changesgo ahead and inform the other party 7. Using Discovery, Rule 32 a. Preference for live testimony 8. Discovery Abuse & Sanctions, Rule 37 a. Court MUST impose expenses on the party that did not provide answers 9. VOLUNTARY DISMISSAL - Rule 41a o Adjudication on the merits; w/o prejudice 10. Involuntary Dismissal - 41b o Dismissed with prejudice 11. Defaults & Default Judgment a. Rule 55, 54c i. [54c: default judgment cannot be for an amount more than what is in the pleadings] -

o Before submitted to the jury; take the case away from the jury o 50(a) v. 50(b) In a case where the evidence does not allow us to make a clear call, we give it to the jury. {so a 50a motion is not granted} after we get a jury verdict back, 50b motion as a renewal of the directed verdict. You cannot make a 50b UNLESS youve made a 50a motion. Rule 59 Commonly filed together with a motion for judgment as a matter of law youd rather just get the JAML but a new trial would be youre plan B - Discretionary with the judge - Most Common Grounds: 1. Procedural Errors 2. Unfair Surprise Argument 3. Great Weight of Evidence 4. Amount of Damages a. Remittitur b. additur 5. Newly Discovered Evidence a. Discovered SINCE the trial 6. Jury Misconduct a. FREvidence 606(b) 15. NOTICE OF APPEAL - Can only appeal from a final judgment: bench trial, summary judgment, jury trial, default judgment - Always want to preserve the ability to bring an appeal - 30 days after entry of judgment [FRAP 4] o See FRAP 4 if FRCP 50/59/60 motion filed - Motion to extend time, 4(a)(5): must show good cause - Reopening time to appeal, 4(a)(6): 3 preconditionsrequesting party did NOT receive notice of entry of judgment w/n 28 days AND motion filed within 88 days of entry of judgment or 84 days of receiving notice of entry of judgment AND no party would be prejudiced. o Court MAY reopen - Substance of Appeal o Only raise issues to which party objected to during trial [rule 58] o Harmless error [appellate court: section 2888] [FRCP 68] o General standard of review: abuse of discretion, de novo, clearly erroneous

14. NEW TRIAL

13. THE JURY

Right to a jury trial protected by 7th amendment Rule 3: Right to Jury Trial, Demand o (b) a party must demand a jury trial by: o Serving other parties with the demand no later than 84 days after last pleading o And in accordance with 5d Policy, Candidates, & Qualifications o Section 8868, 8862, 8864, 8865 Summoning Jurors o Section 8866 (b), (c), (g) Voir Dire o Trying to screen out potential bias o Judge or lawyers can conduct o Peremptory challenges [section 8870]: does not require an explanation o Challenge for cause: must have a judges approval # of jurors & verdict o Rule 48 Trial & FREvidence o Motions in limine: basically, theres no reason for a given topic to be discussed because it is only being discussed to damage reputation. Motion for Judgment as a Matter of Law [Rule 50]