Jurisdiction
The required amount in controversy necessary for a federal court to exercise diversity jurisdiction under 28 U.S.C. § 1332.
What is more than $75,000?
A pleading must contain:
1) a short and plain statement of the grounds for
the court’s jurisdiction
(2) a short and plain statement of the claim show-
ing that the pleader is entitled to relief; and
(3) ?
What is a demand (for the relief sought)?
(Rule 8(a))
This document, governed by Rule 4, must name the court and parties, be directed to the defendant, and state the time within which the defendant must appear and defend.
What is a summons?
This 1938 Supreme Court case established that a federal court sitting in diversity jurisdiction must apply state substantive law.
What is Erie Railroad Co. v. Tompkins?
This Federal Rule (and its subsection) defines a compulsory counterclaim as one arising out of the transaction or occurrence that is the subject matter of the opposing party’s claim.
What is Rule 13(a)?
This Personal Jurisdiction term requires a non-resident corporate defendant to have what with the forum state beyond presence in the stream of commerce?
(50 bonus points to name the case that establisehd the test for this)
What are minimum contacts?
(International Shoe)
The required time, in days, for a defendant to serve an answer after being served with a summons and complaint, assuming service was not waived.
What is 21 days?
(Rule 12(a)(1)(A)(i))
This document, required by Rule 4(a)(1)(E), must notify the defendant that failure to appear and defend will result in this against the defendant for the relief demanded in the complaint.
What is a default judgment?
This 1908 case established the Well Pleaded Complaint Rule, holding that a federal question must appear on the face of the plaintiff's complaint and not merely by way of an anticipated defense.
What is Louisville & Nashville RR v. Mottley?
This rule specifies that if the court denies a Rule 12 motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action.
What is Rule 12(a)(4)(A)?
This common-law rule requires that the federal issue providing the basis for federal question jurisdiction must be presented on the face of the plaintiff's complaint.
(50 bonus points for the case that established this common law rule)
What is the Well Pleaded Complaint Rule?
(Mottley)
The specific defense listed in Rule 12(b)(6) that a defendant uses to seek dismissal because the plaintiff has not provided a legally sufficient claim.
What is failure to state a claim upon which relief can be granted?
This statutory mechanism, codified at 28 U.S.C. § 1404(a), allows a court to transfer a case from a proper venue to another district where it could have been brought, primarily for the convenience of parties and witnesses.
What is (discretionary) transfer?
This case changed the pleading standard from "no set of facts" to requiring that the factual allegations in a complaint must make the claim plausible.
What is Bell Atlantic Corp. v. Twombly?
The Federal Rule that requires a motion for sanctions to be made separately and provides a 21-day "safe harbor" period to withdraw or correct the challenged paper.
What is Rule 11(c)(2)?
For diversity jurisdiction purposes under 28 U.S.C. § 1332, a corporation is considered a citizen of the state where it is incorporated and this other location.
What is its principal place of business (PPB)?
The two steps a court takes under the current pleading standard (post-Iqbal), involving first ignoring conclusory allegations and then assessing the remaining factual allegations for this quality.
What is plausibility?
If a case is transferred from an improper venue under 28 U.S.C. § 1406(a), this state's law applies to the transferred case.
What is the law of the state to which the case was transferred?
This Supreme Court case established the standard for pendent jurisdiction (now supplemental jurisdiction), requiring that state and federal claims must derive from a "common nucleus of operative fact".
What is United Mine Workers of America v. Gibbs?
This rule grants a party the right to amend its pleading once as a matter of course within 21 days after serving it, or 21 days after service of a responsive pleading or a Rule 12 motion, whichever is earlier.
What is Rule 15(a)(1)?
This concept grants federal courts power over related state claims if they derive from a common nucleus of operative fact, thus forming part of the same case or controversy under Article III.
What is supplemental jurisdiction?
The four defenses listed in Rule 12(b) that a party waives if they fail to include them in their initial Rule 12 motion or responsive pleading.
What are lack of personal jurisdiction (12(b)(2)), improper venue (12(b)(3)), insufficient process (12(b)(4)), and insufficient service of process (12(b)(5))?
The three factors that must be weighed in a Matthews v. Eldridge due process analysis, concerning the fairness of procedures used in a civil action.
What are private interests, government interests, and uniformity of law?
This case established the Collateral Bar Rule, which generally prevents a party from challenging the merits of an injunction they disobeyed as a defense to criminal contempt charges.
What is Walker v. City of Birmingham?
This federal statute grants district courts supplemental jurisdiction over claims that are so related to the original claims that they form part of the same case or controversy under Article III.
What is 28 U.S.C. § 1367?