Sue Where?
The specific court within the court system a plaintiff may file suit.
What is Venue?
The two types of personal jurisdiction
What is General and Specific personal jurisdiction?
The requirement for federal courts to follow state substantive law
What is the Erie Doctrine?
Required disclosures
What are witnesses, documents, computation of damages, and insurance information?
A complaint is defined as
What is a short and plain statement, sufficient under twombly/iqbald?
The diversity amount in controversy
The at home test
What is a person/corporation's domicile?
Person-residence with intent to remain indefinitely
Corporation-PPB + incorporated state
The types of federal jurisdiction in which the Erie Doctrine will be used
What is diversity and supplemental?
Parties must make disclosures within a set time frame
(not considering any stipulations or court orders)
What is 14 days from the pretrial conference?
Amendments are allowed as a matter of course (both parties)
What is
(plaintiff)within 21 days of filing the complaint
(defendant) either 21 days after service or answer, whichever comes first
The types of subject matter jurisdiction
What is Federal Question, Exclusive, Diversity, and Supplemental?
Gantt gives me a gizmo. I use that gizmo to make a gadget. I sell that gadget in Virginia.
What is avoiding forum shopping?
The scope of discovery includes:
what is anything: relevant to a claim/defense, proportional to the needs of the case, and non-privileged
Service of process contains two documents
What is the complaint and the summons?
The exceptions to supplemental jurisdiction
What is:
The claim raises a complex or novel issue of state law,
If the state claim predominates the federal claim,
If the federal question claim is dismissed, or
Exceptional circumstances that would lead to jury confusion
To subject a defendant to specific personal jurisdiction, he must have minimum contacts with the forum state so that the lawsuit does not:
What is offends traditional notions of fair play and substantial justice?
The York Test
What is an outcome determinative rule?
There are 5 types of discoveries
The one person who cannot serve process upon the defendant
What is the plaintiff?
Venue is appropriate when:
what is:
A district which any defendant resides in, if all defendants are resides of that state;
A district in which a substantial part of the events of the claim occurred, or a substantial part of property that is the subject of the action is situated; or
If there is no proper district in which an action may be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction.
The plaintiff must show that the defendant specifically aimed the tortious conduct into the forum state so that the forum state was the focal point of the act.
What is the Calder Test?
The Hanna Test (both parts)
Is there a conflict between state and federal procedural rule?
If so, is the federal rule valid under the Rule Enabling Act (REA)?
What is Summary Judgment?
The Rule 11 Safe Harbor provision and its exception