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MINI PREVIEW OF FEDERAL RULES
OF CIVIL PROCEDURE AND CRIMINAL LAW

FEDERAL RULES OF CIVIL PROCEDURE PREVIEW

The Federal Rules of Civil Procedure govern the procedure in the U.S. District Courts in all civil suits whether cognizable as cases at law, in equity or in admiralty, with exceptions. The rules are construed and administered to secure the just, speedy, and inexpensive determination of every action

 

IN REM JURISDICTION

 

The court has power to adjudicate the rights of all persons regarding property located in the state. The court has the power to bind all individuals relating to ownership and use of the property. Here, Defendant has no personal liability on the judgment

 

Plaintiff brings the property before the court by attachment or garnishment pursuant to statute

 

There is no in rem if property is outside the state or if brought in by fraud or force

 

Known interested persons must be notified by ordinary mail or the best practical means

 

Property in state -----> a connection between the ligation and the contact exists

 

Minimum contacts between Defendant and forum (if you have this -----> look to in personam jurisdiction and do not rely on in rem jurisdiction)

 

 

QUASI IN REM JURISDICTION

 

Quasi in rem jurisdiction determines disputes between parties regarding certain in-state property. No in personam jurisdiction exists over the Defendant. The court determines rights to certain property but has no power to bind all persons regarding that property. Here, Defendant is not personally bound and a judgment cannot be enforced against Defendant's other property

 

Plaintiff brings the property before the court by attachment pursuant to statute. The judgment is satisfied only out of property. The sole jurisdictional basis is the property. The dispute is between parties regarding in-state property rights in the state or is unrelated to in-state property or property ownership

 

 

SUBJECT MATTER JURISDICTION

 

Subject matter jurisdiction is the power over a case and is limited to what is authorized under the constitution, federal statute and case law. Two categories include:

 

1. Diversity jurisdiction protects out-of-state parties from local prejudice. Need complete diversity between Plaintiffs and Defendants when suit is commenced; and

 

2. Federal question jurisdiction involves when an action arises under federal law, the constitution, treaties and U.S. statutory law. These actions are within the exclusive jurisdiction of federal courts under specific statutes

 

 

DIVERSITY JURISDICTION

 

Diversity jurisdiction arises when the federal court has subject matter jurisdiction over diversity cases to protect nonresident parties from local bias in state courts. Two requirements include:

 

1. Controversy must meet a jurisdictional amount in excess of $75,000;

 

Jurisdictional amount required is when the controversy is valued greater than $75,000 exclusive of interest and costs from the Plaintiff's view in good faith.  Look at Plaintiff's value never Defendant's cost or value

 

Statutory fees (punitive and attorney fees) are included in the amount in controversy

 

If Defendant proves with legal certainty that Plaintiff could not have recovered greater than $75,000 -----> court will deny subject matter jurisdiction by diversity of citizenship

 

With installment contracts, only the amount due matters, not the entire contract. Properly issued bonds include the entire bond amount

 

With injunctions, the value is the right protected or extent of injury prevented, not the amount a Plaintiff may recover

 

If separate claims are aggregated -----> each claim must meet the jurisdictional amount. If one Plaintiff is suing many Defendants -----> aggregate claims only if Defendants are jointly liable

 

If many Plaintiffs sue one Defendant -----> ok to aggregate claims only if Plaintiffs are enforcing a right with an undivided interest

 

Permissive counterclaims need to meet the jurisdictional amount but other counterclaims do not

 

When a case is removed by a Defendant -----> Plaintiff still must meet the jurisdictional amount. This could be a basis where Defendant's petition to remove is denied

 

2. Diverse citizenship between the Plaintiffs and Defendants (no Plaintiff can be from the same state as any Defendant); or a state citizen & citizen of a foreign state or citizens of different states and a citizen of a foreign state are additional parties or Plaintiff from a foreign state and citizens of a state or different states

 

Complete diversity must occur when the cause of action is commenced. After the action commences -----> ok if diversity is destroyed. Any third party claims after an action has commenced must have complete diversity

 

DIVERSITY MAY BE DEFEATED

 

If the court realigns the parties according to interest -----> alignment may create or destroy diversity

 

Assign claim to another party for collection while retaining an interest -----> no jurisdiction unless assignment is absolute

 

Fraudulent joinder to defeat diversity will not bar removal to federal court

 

In a shareholder derivative action -----> corporation is usually aligned as a Defendant

 

 

 

SPECIAL DIVERSITY RULES FOR STATUTORY INTERPLEADER AND RULE 22 INTERPLEADER

 

Statutory Interpleader statute -----> need diversity only between two adverse claimants + > $500

 

Rule 22 interpleader -----> complete diversity between stakeholder and claimants + Plaintiff $75,000 in value

 

 

Citizenship For Diversity Jurisdiction

 

 

 

ERIE DOCTRINE = BOA

 

BALANCE STATE INTERESTS

OUTCOME DETERMINATIVE

AVOIDS FORUM SHOPPING

 

ERIE DOCTRINE TIPS

 

Erie Doctrine involves the law applied under diversity jurisdiction. State substantive law and federal procedural law are applied by federal courts, including state conflict of law rules. Federal court applies state law where the federal court sits

 

Federal procedure law will not be applied in a diversity case if it defeats the statute of limitations. State law controls the statute of limitations. State law procedures apply if there is no federal statute or rule. State substantive law is applied when outcome determinative. However, if there is a countervailing federal policy -----> federal law applies

 

 

FEDERAL QUESTION JURISDICTION

 

When an action arises under federal law -----> federal court has original jurisdiction. An action arises under federal law when a Plaintiff alleges a right substantially founded under federal law, federal common law, constitutional law, federal statutory law, treaty law and federal administrative regulations or when the matter concerns application or interpretation of federal law

 

A federal question must be alleged in the complaint And cannot be based on an anticipated answer or defense

 

FEDERAL QUESTION CASES

 

In federal question cases ------> no amount in controversy is required unless claim involves the Consumer Product Safety Act

 

Federal court has exclusive jurisdiction:

 

1) Bankruptcy

 

2) Patent or copyright

 

3) U.S. is a party -----> no jurisdiction unless u.s. consents To suit

 

4) Defendant consuls or vice-consuls

 

5) Antitrust statutes

 

6) Admiralty and maritime

 

7) Foreign or state agency

 

8) Post office

 

9) Internal Revenue Service

 

10) Securities Exchange Act

 

 

ANCILLARY OR PENDENT JURISDICTION OVER STATE CLAIMS (SUPPLEMENTAL JURISDICTION)

 

Pendent jurisdiction means Plaintiff has both federal and state claims against a Defendant. The court has discretion to exercise pendent jurisdiction over claims based on state law if both claims derive from a common nucleus of operative facts and the claims should be tried in one proceeding. The pendent claim is transactionally related to the claim of another party that invokes federal jurisdiction under the supplemental jurisdiction statute

 

After federal claims are dismissed before trial -----> the court can maintain state claims but should dismiss them without prejudice (particularly if the state claims are novel or predominate over the federal claims) or remand to state court. For example, in an action based on diversity jurisdiction where a defective prescription drug claim was dismissed prior to landlord-tenant claims normally brought in state court -----> the court would likely dismiss the landlord-tenant claims without prejudice or remand to state court. In another example, a federal court cannot award relief against a state official based solely on state law so the court would dismiss the remaining action without prejudice

 

 

VENUE = PROPER DISTRICT TO BRING ACTION

 

Venue depends on the nature of jurisdiction and the parties. Subject matter jurisdiction is required

 

Ask the following questions:

 

1. Has venue been conferred by agreement? If yes -----> venue is as agreed. If no -----> see no. 2

 

2. Is action based on diversity or a federal question?

 

    a. If based on diversity -----> venue at any of the following:

 

        Where Defendant resides if all Defendants reside in same state;

 

        Where The events giving rise to the claim occurred; or

 

        Where Defendant is subject to personal jurisdiction when the action commenced

 

    b. If based on federal question -----> where any Defendant resides

 

VENUE TIPS

 

Individual -----> domicile of individual. However, if the Defendant and/or property is located in a different district and the action is not of a local nature against Defendant and/or property -----> in any such district. If action is brought against local property -----> where property is located

 

An unincorporated association -----> where does business

 

A corporation -----> in any judicial district the corporation is subject to personal jurisdiction at the time the action commenced. If the state has many judicial districts -----> the corporation must be doing business there with sufficient contacts with the judicial district

 

 

VENUE TRANSFERS

 

Venue transfers are brought for convenience or in the interest of justice. Improper venue is waived unless a party objects. The court can transfer any action to any other district where venue is proper if there is subject matter and in personam jurisdiction over Defendant

 

If filed in improper venue -----> case dismissed or transferred to proper venue in the interest of justice

 

If the original court lacked in personam jurisdiction over the Defendant -----> transfer case to a proper venue is ok

 

If the original venue is proper ------> case transferred -----> law of transferor state applies, including choice of law. Here, the case is transferred based on convenience

 

If the original venue is improper -----> case transferred -----> law of the transferee state is applied

 

 

DISTINCTION BETWEEN SUBJECT MATTER

JURISDICTION AND VENUE

 

Subject matter jurisdiction is the power of a court to adjudicate an action. Subject matter jurisdiction cannot be conferred by agreement. The court can have subject matter jurisdiction without having proper venue

 

 

DISTINCTION BETWEEN VENUE AND REMOVAL

 

Transfer relates to venue and removal is jurisdictional

 

 

REMOVAL JURISDICTION

(Only Defendants can remove from state to federal court)

 

Venue for removal jurisdiction lies in the federal court where the state action is pending. Federal court must have subject matter jurisdiction

 

Only Defendant can remove a state court action to federal court. A Defendant can only remove an action that could have been brought by Plaintiff in federal court. All Defendants must consent to removal. An action cannot be removed if any Defendant lives in the forum state where the action was brought

 

example: a and b are from different states

a sues -----> b in a's state

b can remove to federal court in state a

if a had brought suit in b's state -----> b could not remove since b cannot be from the same state as the state b removes to

 

Removal jurisdiction allows Defendant to remove the state court action to federal court if the federal court would have had original jurisdiction over the action. Supplemental jurisdiction ancillary and pendent jurisdiction allows the federal court to hear certain claims which it did not have an independent basis under subject matter jurisdiction. The federal court has discretion to hear claims if an action is transactionally related to a case having proper jurisdiction

 

If original jurisdiction is based on federal question jurisdiction -----> Defendant can remove separate and independent claims or the entire case -----> federal court can retain the entire case or sever and remand matters not within its original jurisdiction

 

Dismissal of a non-diverse party may allow removal -----> removal must occur within 30 days after dismissal of non-diverse parties and not more than 1 year after the cause of action commenced.

 

 

REMOVAL PROCEDURES

 

Defendant files notice to remove in the federal court in the district where the state action is pending within 30 days of receiving the initial pleading, 30 days from the service date of the complaint if not served with the summons, or within 30 days from the date the parties changed the claim in state court resulting in a removable case. Removal cannot occur based on diversity after one year from the filing date. A copy of the notice is sent to all parties and the state court -----> state court can no longer act on the case. The federal court can enjoin any further state court action

 

After removal -----> case proceeds under Federal Rules of Civil Procedure. Demand for a jury trial must be timely filed if they had not already done so or it will be waived within 10 days after the notice of removal is filed

 

Some statutory actions are removable that could not have been originally brought in federal court: federal officers acting under color of law, torts by federal employees, international banking and actions where a Defendant could be protected under a federal civil rights statute where that protection would be denied in a state court

 

Some actions must remain in state court: federal employers liability act, jones act or actions less than $10,000 against carriers for shipment losses in interstate commerce, workmen's compensation, and the fair labor standards act

 

Plaintiff can file a motion to remand back to state court -----> federal court must remand if there is no federal subject matter jurisdiction or there were defective removal procedures. Moreover, when all federal claims are resolved -----> federal court can remand remaining state claims to state court if no diversity jurisdiction remains

 

 

HIGHLIGHTED SUMMARY

 

ERIE DOCTRINE = BOA

 

 

CRIMINAL LAW PREVIEW

 

 

CRIMINAL JUSTIFICATIONS = CANDORPAPS

 

CRIME PREVENTION

ARREST WITH FORCE

NECESSITY

DEFEND DWELLING

OTHERS DEFENDED

RESIST ARREST

PUBLIC POLICY

AUTHORITY DOMESTIC

PROPERTY DEFENSE

SELF-DEFENSE

 

CRIMINAL JUSTIFICATION TIPS

 

A Defendant has the burden to prove a scintilla of evidence to invoke any criminal justification. If criminal justification is found -----> no punishment imposed upon the Defendant.

 

TYPES OF FORCE USED WITH CRIMINAL JUSTIFICATIONS ARE ON EVERY BAR EXAM

 

 

EXCUSES = CCCD

 

CONSENT

COERCION

COMPULSION

DURESS

EXCUSE TIPS

 

If consent is an issue -----> discuss all three issues:

 

        1. Is consent voluntarily and freely given;

 

        2. Does person have capacity to consent; and

 

        3. Is fraud involved in obtaining the consent.

 

Crimes involving consent issues include: kidnaping, false imprisonment and rape

 

 

HIGHLIGHTED SUMMARY

 

CRIMINAL JUSTIFICATIONS = CANDORPAPS

EXCUSES = CCCD

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