Pleadings
This rule requires that complaints contain a short, plain statement of the claim.
What is Rule 8?
Parties can do this at any time - pre-suit, post-complaint, in the middle of discovery, or even when they jury is deliberating! And doing so will end the lawsuit.
As a plaintiff, you use this rule to join as many claims as you have against a single defendant in a single lawsuit.
What is Rule 18?
These are the two sources of law that create the boundaries of personal jurisdiction.
What is constitutional law and statutory law?
"Any federal ingredient" is the test for establishing federal question SMJ under this.
What is the U.S. constitution?
The Twombly/Iqbal line of cases introduced this standard for evaluating pleadings.
What is "plausibility" standard?
If the defendant fails to answer the complaint, you can seek this, under this rule, from the clerk of court.
What is a Rule 50(a) default?
What is Rule 20(b)?
Even if you have power + notice, you still need to make sure this is proper, otherwise you are in the wrong court.
What is venue?
28 USC 1331 requires more this for federal question SMJ, which is more than just a mere federal ingredient.
What is a well pleaded complaint demonstrating a federal claim? (i.e. not just a federal defense).
What is lack of subject matter jurisdiction?
What is a motion for judgment as a matter of law?
So long as it won't deprive the court of subject matter jurisdiction, this rule states that you must add someone as a party to the action if disposing of the action in the absence of that person would, as a practical matter, impede that person's ability to protect their own interests.
What is Rule 19(a) compulsory joinder?
This type of personal jurisdiction comes from a case called Burnham, and involves acquiring personal jurisdiction through proper personal service of process in the forum state.
You can aggregate damages amounts across the claims of a single plaintiff to establish this, but you can't aggregate damages across different plaintiffs.
What is the $75k threshold for diversity jurisdiction?
This is something you would put in your answer, in additional to denials of allegations. Failure to do so would constitute a waiver!
What is an affirmative defense?
This procedural device asks the court to find at the close of discovery that there is no genuine issue of material fact regarding an issue or claim, and therefore, the court can step in and decide it now.
What is a Rule 56 motion for summary judgment?
Once a defendant is sued, he must bring this, under this rule, against a plaintiff, provided it is arising out of the same transaction or occurrence.
What is a Rule 13 counterclaim?
The Mallory case dealt with establishing personal jurisdiction through this means, where the company registered to do business in the state and a state law governing business registration established personal jurisdiction in that state's courts.
What is personal jurisdiction by consent?
In lawsuits against corporations, the corporation will be considered to be a citizen of a state where they are domiciled, and a state that meets this test.
What is the "nerve center test"? (where they have their principle place of business)
If the statute of limitations expired on a claim that you want to add into an amended complaint, you'll need to see if this rule is met, which would allow you to relate the claim back to the date of the original complaint.
What is Rule 15(c)? (Relation Back Doctrine)
Except in certain circumstances, you generally can't appeal a case until you have one of these.
If a plaintiff sues two defendants on the same claim, D1 may bring this, under this rule, against D2, if it arises out of the same transaction or occurrence as the original lawsuit.
What is a Rule 13(g) crossclaim?
Even if you can establish power + notice + proper venue, you still need to make sure you are satisfying this law in the forum state, in order for the court to take personal jurisdiction over the defendant.
What is the state long arm statute?
When a plaintiff brings a federal question claim, but also wants to join a state law claim, they must establish this under this statute in order for the court to have jurisdiction over the state law claim?
What is supplemental jurisdiction under 28 USC 1367(a)?