Jurisdiction
What is domicile defined as for both an individual and a corporation?
For individuals, domicile is where the individual resides and intends to remain.
For corporations, where its headquarters (or principal place of business) is located and where it is incorporated.
The discovery rules provide that parties may obtain discovery regarding:
Any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case
Name the types of pleadings
Complaints
Answers
Counterclaims
Crossclaims
Replies
Greg, from Georgia, wants to sue Frank, from Florida, for personal injuries totaling $250,000. Must he file the suit in federal court?
No. While federal jurisdiction would be proper, it is not exclusive.
Rule 8(a): A pleading that states a claim for relief must contain:
(1) A ______ and ______ statement of the grounds for the court's jurisdiction...
(3) A demand for the ___________...
1. Short & plain
2. Relief sought
What are the types of personal jurisdiction?
Specific: Arises out of defendant's voluntary contacts with the forum state
General: Arises with continuous and systematic contacts where the defendant is at home and can be sued on any cause of action in that state
Camila sued Ariana for slander, following a nasty dispute about the results of a running contest. Since Ariana also owes Camila money (she breached a contract to buy 1,000 copies of Camila's book, “It's Better to Be Smart”), Camila combined both claims in a single federal lawsuit. Are the claims properly joined?
Yes. Since there is only one party on each side, Rule 18 allows free joinder of claims, and Rule 20's requirements do not apply.
Name the types of motions
Motion to dismiss
Motion for summary judgement
Motion to compel discovery
Motion in limine
Motion for new trial
Motion to strike
What is the Erie Doctrine?
In diversity cases, federal courts must apply state substantive law and federal procedural law.
Intended to prevent forum shopping and inequality.
What does Rule 11 govern?
Rule 11 covers signing pleadings 11(a), motions, other papers, representations to the court 11(b), and sanctions 11(c)
Karen has always lived in Kansas. She wants to try new experiences, and so she has decided to move to New York City. She has started getting home delivery of The New York Times and is looking for a job and an apartment.
Karen loads up her Audi and begins the move to New York. While on the road, she is involved in a serious automobile accident and is hospitalized in Ohio.
Where is Karen domiciled at this point?
Kansas. This is her domicile of origin.
Morris has a claim for malicious prosecution against Boris resulting from Boris' complaint to the police. Morris also has a separate and unrelated claim against Doris for assault and battery. Morris wants to sue them in the same case to save time. May he?
No, Morris' attempt to sue Boris and Doris in the same case should not survive a motion for severance or for a separate trial.
Ben, driving north on Hillcrest Road in Dallas, collided with Erin's car, driving west on Mockingbird Lane. Both Ben and Erin suffered serious personal injuries, and both cars were damaged.
Assume that Ben sues only Erin, that the complaint includes both negligence claims arising out of the car wreck and a claim for "annoyance". Erin wants to eliminate the annoyance claim. The best procedural vehicle for Erin is:
A motion to dismiss for failure to state a claim upon which relief can be granted.
Miyuki and Mai Ly, from Maryland, want to sue Dorothea and Desi, from Delaware, for personal injuries. They each claim $50,000 in damages. Would their suit satisfy the federal amount in controversy requirement?
No. You cannot aggregate the claims of multiple plaintiffs even against a single defendant.
Under Rule 4(b), how can a summons be served?
A summons must be served with a copy of the complaint.
Summons can be served by any person who is at least 18 years old and not a party in the case or by a Marshal or Someone Specially Appointed.
A plaintiff sued four defendants in a State A court. The lawsuit was in regards to a multicar accident in State B.
Defendant 1 was a State B resident who had never been to State A and owned no property in State A.
Defendant 2 was a State B resident who owned a vacation home in State A.
Defendant 3 was a State A resident who could likely prove at trial that she was not at fault in the accident.
Defendant 4 was a State A resident who had never been to State B except on the day of the accident.
Over which defendant is State A LEAST likely to have personal jurisdiction?
Defendant 1
When is material protected from discovery by work product protection?
When it is prepared in anticipation of litigation or for trial by a party or by or for that party's representative.
Ben, driving north on Hillcrest Road in Dallas, collided with Erin's car, driving west on Mockingbird Lane. Both Ben and Erin suffered serious personal injuries, and both cars were damaged. Ben wants to sue Erin in federal court in Dallas.
To meet the requirements of the Federal Rules of Civil Procedure, Ben's complaint must be:
Be a short and plain statement of the claim showing that Ben is entitled to relief.
A plaintiff filed a case in federal district court asserting three state-law claims and seeking $50,000 in damages. The defendant raised a defense to one of the claims based on a federal statute. The defendant’s defenses to the other two claims were based solely on state law. The court dismissed the case for lack of federal-question jurisdiction.
Why did the court dismiss the case?
The plaintiff asserted only state-law claims.
True or false: Under Rule 26(a)(3), the opposing party has 30 days in which to object to the admissibility of documents on the pretrial disclosures. Any objection not made at this time cannot be made at trial unless the party convinces the court that there was good cause not to object on time.
FALSE, opposing party has 14 days, not 30!
Mateo traveled to Paris, Texas, on vacation. While shopping at a local department store there (a “mom and pop” establishment that has never advertised outside of Texas), he was wrongfully detained and searched. Back home in Virginia, Mateo filed suit against the store.
Can a Virginia court constitutionally assert jurisdiction over Mateo's claim against the Texas store?
No. The store's contacts with Virginia are insufficient to permit the assertion of jurisdiction.
Why do the rules protect work product from discovery? What is being protected? What are its costs
The Supreme Court in Hickman v. Taylor argued that if work products were discoverable, parties would withhold documents or inadequately prepare cases and investigations. The doctrine protects communications generated in anticipation of litigation and parties' litigation strategies.
A homeowner contracted with a painter to paint his home's exterior.
The homeowner agreed to pay the painter half her fee up front and half her fee once the project was completed.
The painter did not begin the project, so the homeowner filed a breach of contract claim.
The complaint included the elements of a breach of contract claim and further alleged that:
(1) the terms of the contract required him to pay the painter half her fee before the project began and to pay the remainder when the project was done;
(2) he did not pay her anything; and
(3) the painter never began her work.
Has he sufficiently pleaded his claim against the painter to survive a motion to dismiss?
No because the homeowner must plead facts for every element of the breach of contract claim. Homeowner did not show consideration since he never paid the painter.
An author sued a publisher for breach of contract under state law and copyright infringement under federal law. The author sued in a federal district court located in State A. The parties’ contract did not contain a choice-of-law clause.
What substantive law will the district court apply to the author’s claims?
The district court will apply State A substantive law to the breach-of-contract claim and federal substantive law to the copyright-infringement claim.
Rule 56(a): The court shall grant summary judgment if the movant shows that there is ___________ as to ___________ and the movant is entitled to judgment as a matter of law.
1. no genuine dispute
2. any material fact