Civil Procedure Immersion Video
(1) Jurisdiction and (2) Procedure
Personal jurisdiction:
Can the plaintiff sue the defendant(s) in this state?
- look for a general nexus (connection) between the defendant and the state
“is it fair to sue D in this state?”
RULE REFRESHER:
i. statutorily authorized
- presence at the time of service
- domicile
- consent
- long arm statute
ii. Need notice
iii. Constitutional
- contacts: there must be sufficient minimum contacts between the defendant and the fo-
rum state such that jurisdiction is fair and reasonable
purposeful availment (defendant purposefully availed herself to the protections and
benefits of the forum state)//
foreseeability (activities in forum state make it reasonably known that they’d be
hauled into court in that state)
-relatedness: specific jurisdiction // general jurisdiction
- specific: current cause of action only —> Long arm statute; plaintiff’s
claim must be related to defendant’s contacts with forum state
- general: all causes of action —> domicile or “at home”
-fairness: must not offend “traditional notions of fair play and substantial justice”
Subject Matter Jurisdiction:
Does the court have the power to hear this type of case?
- state courts are general and can mostly hear any case
- Federal courts are more limited: (i) federal question cases; (ii) diversity (citizens of different
states when amount exceeds 75k)
VENUE - what court can hear the case?
(1) Diversity jurisdiction
Requires two key elements:
(i) complete diversity - each plaintiff must be a citizen of a different state than every de-
fendant (corporations are deemed to be citizens in every state in which it is incorporated and the
state where the corp has its principle place of business)
- diversity is determined at the time the law suit is filed…NOT when the action arose!
(ii) amount in controversy - must exceed $75,000 (75,001 technically)
- plaintiff can aggregate all her claims together against D to meet this amount
- in a situation where there is multiple defendants, a plaintiff may aggregate all
claims only when every one of the defendants is JOINTLY liable!!!!!
(2) Federal Question
= “arising under” the constitution, laws or treaties of the US
- existence of federal question must appear in complaint as part of plaintiff’s well pleaded cause
of action
- - the existence of a defense based on federal law will NOT create federal question jurisdic-
tion!!!! (in other words….a complaint does not raise federal question if it does so only in an-
ticipation of a federal defense)
Supplemental Jurisdiction:
Where a plaintiff has both federal question and state law claims - the court has discretion to exer-
cise “supplemental jurisdiction” over state law claim if:
(i) the supplemental claim arises from a common nucleus of operative fact as the federal
question claim such that the claims ordinarily would be tried in one proceeding
ERIE DOCTRINE:
- Diversity actions! (i) federal procedure law applies; (ii) state substantive law applies
Erie Doctrine Conflict Approach:
- Is there a federal rule or directive on point which is “arguably procedural”?
(i) if so, apply the federal law
(ii) BUT, if there is not, apply federal law for procedural matters and state law for sub-
stantive matters
How does judge decide whats substantive or procedural? THREE TESTS!
(1) Outcome Determinative: does it substantially affect outcome?
(2) Balance of Interest: does state have greater interest?
(3) Forum Shopping deterrence: increase litigation in federal court? If failing to apply state law
in federal court would increase litigation, the issue is substantive
AREAS THAT ARE DEEMED SUBSTANTIVE:
- Statute of limitations
- Rules for tolling statutes of limitation
- Choice of law rules
- Elements of claim or defense
IMPLEADER RULE:
A defendant party may implied a non party only if the defendant (who is now the 3rd party
plaintiff) alleges that the non party (who is now third party defendant) is or may be liable for all
or part of the defendant’s liability to the original plaintiff
= subject jurisdiction available BECAUSE COMMON NUCLEUS OF OPERATIVE FACTS!!
JOINDER: QUESTIONS TO ASK YOURSELF BEFORE MBE QUESTION:
(1) Do the federal rules permit it?
(2) Is there subject matter jurisdiction over the claims or the added claims?
Entry of default: a default is a notion in the case file by the court clerk that there has been no an-
swer filed within the time permitted by the rules
A defendant formally served with a summons and complaint must respond either by fil-
ing answer or motion to dismiss within 21 days after service.
If a rule 12b motion to dismiss is made, then defendants responsive pleading is to be
served within 14 days of court’s denial of the motion.
Also a defendant who waives formal service generally must respond within 60 days after
the request was mailed to her by the plaintiff to have to answer.
**AN ENTRY OF DEFAULT JUDGEMENT IS MADE WHEN DEFENDANT DOES NOT
OPOSE THE CASE EITHER BY (1) FAILING TO PLEAD OR (2) FAILING TO OTHER-
WISE DEFEND…ONCE ENTRY OF DEFAULT IS MADE, THE ABILITY TO CONTEST
LIABILITY IS WAIVED UNLESS DEFENDANT HAS THE ENTRY OF DEFAULT SET
ASIDE. BUT……ENTRY OF DEFAULT DOES NOT ENTITLE PLAINTIFF TO OBTAIN
THE REQUESTED RELIEF. PLAINTIFF STILL NEEDS TO GET A JUDGMENT. AND THE
DEFENDANT CAN STILL CONTEST DAMAGES AT THE HEARING FOR A DEFAULT
JUDGMENT!!!!
*******entry of default and default judgment are TWO DIFFERENT THINGS!!!!!!
Clerk may enter default judgment when:
(1) amount in dispute is for a sum certain and proven in plaintiff’s affidavit
(2) Defendant must NOT have appeared
An appearance is any formal appearance or any action by the defendant indicating that he intends
to contest the merits.
“Additional Notice” : Once defendant has appeared, they must be given notice by first class mail
7 days after the hearing that the plaintiff intends to enter a default judgment
