Summary Judgment
These are the two ways of proving a fact for summary judgment.
What is direct evidence (there is no inference) and circumstantial evidence (evidence thats needs and inference)?
Under § 1332(a), this is the minimum dollar amount that would satisfy the amount in controversy and this is the kind of diversity that is required.
What is $75,000.01 and complete diversity?
In this decision, the Supreme Court moved from a territorial system to one that considers certain “minimum contacts.”
What is International Shoe Co. v. Washington?
This is the rule that provides for a defense of improper venue.
What is 12(b)(3)?
This complaint, where the work of award winning photographer Joseph Sohm is discussed, helped introduce us to the world of civil procedure.
What is BOS v. VOA?
This is what the court does not do during summary judgment.
What is draw inferences, weigh evidence, or make credibility determinations?
This is the time period a defendant can challenge subject matter jurisdiction.
What is at any time?
Federal courts must look to this when deciding whether they have personal jurisdiction over a claim.
What is a State’s long-arm statute?
Defendant moves under this statute to enforce a forum selection clause, if venue is currently proper.
What is § 1404(a)?
This refreshing, fizzy drink is Professor Wasserman’s go to, in-class refreshment.
What is seltzer water?
This is when there no genuine dispute.
What is only ONE version of events that a reasonable jury could draw?
This is the window in which a claim can be removed to federal court.
What is from the moment the claim is filed up to 30 days after receipt by the defendant?
This type of jurisdiction allows an individual to be sued in her State of domicile even if the event leading to the action did not occur in that state.
What is general in personam jurisdiction?
This is the venue a claim can be brought if all the defendants reside in the same state.
What is a judicial district in which any defendant resides?
These are a few things that you should NEVER do when providing Professor Wasserman an answer to his questions.
What is “think, guess, ask or presume” in regard to the answer you give?
This is the evidence Summary Judgment is based on.
What is all the evidence found in discovery including affidavits, depositions and answers to interrogatories?
To have subject matter jurisdiction under § 1331, this is the place the federal question must appear.
What is on the face of the plaintiff’s complaint?
This occurs if the defendant does not challenge personal jurisdiction.
What is a waiver of the defense?
This interest weighs more heavily than public interest than on a court’s determination of whether to transfer venue.
What is private interest?
These are the four stages of a case that were focused on during the semester.
What are pleadings, discovery, dispositive motions, and settlement?
This is how Scott limits drawing all reasonable inferences in favor of the non-movant.
What is not we’re not going to believe the non- movant’s story if the story is so blatantly contradicted by the record that no jury could reasonably believe this story?
This is the supplemental jurisdiction standard for other claims that are so related to the claims in the action.
What is “common nucleus of operative fact”?
This is how service is performed during In Rem actions.
What is attachment?
This party bears the burden of persuasion to show that another forum is substantially more convenient than the transfor district, for the case as a whole.
Who is the movant?
This is the first person that Professor Wasserman asked us to remember on our first day of class.
Who is John Roberts?