Sucky Statutes
What is 28 U.S.C. § 1331
Grants federal district courts original subject matter jurisdiction over cases "arising under" the Constitution or laws of the United States, known as Federal Question jurisdiction.
What is FRCP Rule 3
Governs the commencement of a civil action, which begins formally by filing a complaint with the court.
What is 28 U.S.C. § 1404:
Allows for the transfer of a case to another federal judicial district for the convenience of parties and witnesses, and is the proper mechanism used to enforce valid forum-selection clauses
What is FRCP Rule 11?:
Requires attorneys to sign all pleadings and motions, certifying they are not for improper purposes and have a factual/legal basis. Includes a 21-day "safe harbor" before sanctions apply.
What is 28 U.S.C. § 2072 (Rules Enabling Act):
Empowers the Supreme Court to prescribe federal rules of practice and procedure, provided the rules do not "abridge, enlarge, or modify any substantive right".
What is 28 U.S.C. § 1332:
Authorizes Diversity Jurisdiction for controversies strictly exceeding $75,000 between citizens of different states. It also dictates that a corporation is a citizen of both its state of incorporation and the state of its principal place of business.
What is FRCP Rule 4
Outlines the formal service of process, requiring delivery of the summons and complaint to the defendant to establish jurisdiction and satisfy due process.
What is 28 U.S.C. § 1441:
Allows a defendant to "remove" a case from state court to federal court if the federal court would have had original jurisdiction.
What is FRCP Rule 12(a)?:
Sets the timeframe for responsive pleadings (typically 21 days). Filing a pre-answer motion pauses this clock.
What is FRCP Rule 16(b) & 16(e)?:
Rule 16(b): Requires the judge to issue a scheduling order setting strict deadlines for joining parties, amending pleadings, and completing discovery.
Rule 16(e): Mandates a final pretrial conference and order to lock in the trial plan. This order can only be amended later to "prevent manifest injustice".
What is 28 U.S.C. § 1291:
Defines federal appellate jurisdiction, strictly limiting it to "final decisions" of the district courts to prevent the delay of interlocutory appeals
What is FRCP Rule 4(d)?:
Establishes the "Waiver of Service" procedure, offering defendants extra time to answer if they waive formal service, while penalizing domestic defendants who refuse without good cause.
What is 28 U.S.C. § 1446:
Outlines removal procedure, notably placing a strict one-year time limit on removal based on diversity jurisdiction unless the plaintiff acted in bad faith.
What is FRCP Rule 12(b)(1-6)?:
Motion to Dismiss For....
> Rule 12(b)(1): Lack of SMJ
> Rule 12(b)(2): Lack of PJ
> Rule 12(b)(3): Improper Venue
> Rule 12(b)(4): Insufficient Process
> Rule 12(b)(5): Insufficient SERVICE of Process
> Rule 12(b)(6): Failure to State a Claim
What is FRCP Rule 20?:
Governs permissive joinder, allowing plaintiffs to join together or sue multiple defendants if their claims arise from the same transaction and share common questions of law or fact.
What is 28 U.S.C. § 1367:
Grants Supplemental Jurisdiction, permitting federal courts to hear related state-law claims if they share a "common nucleus of operative fact" with the original federal claim.
What is FRCP Rule 7(a)
Provides an exclusive list of valid "pleadings" allowed in federal court, such as a complaint and an answer.
What is 28 U.S.C. § 1652 (Rules of Decision Act):
Dictates that state laws shall be regarded as rules of decision in federal courts unless the Constitution or federal statutes apply, forming the statutory basis of the Erie doctrine.
What is FRCP Rule 13?:
Governs counterclaims, mandating that defendants must bring any compulsory counterclaims arising out of the same transaction or occurrence as the plaintiff's claim.
What is FRCP Rule 15(a) & Rule 15(c)?:
Rule 15(a): Establishes a liberal policy for amending pleadings, stating that courts should "freely give leave when justice so requires" absent bad faith or undue prejudice.
Rule 15(c): Allows amendments to "relate back" to the original filing date to overcome an expired statute of limitations, provided the new claim stems from the original conduct, transaction, or occurrence.
What is 28 U.S.C. § 1391:
The general federal venue statute, which places suits in judicial districts connected to the defendants' residences or where a substantial part of the events giving rise to the claim occurred.
What is FRCP Rule 8(a):
(you should know this one)
Outlines the ingredients for a valid complaint: a short and plain statement of jurisdiction, a short and plain statement showing entitlement to relief, and a demand for judgment.
(Think: This Complaint ATE (8))
What is 28 U.S.C. § 1738:
Requires federal courts to afford state court judgments the same "Full Faith and Credit" (preclusive effect) that they would receive in their home state.
What is FRCP Rule 8(b) & Rule 8(c)?:
Rule 8(b): Dictates how a defendant must respond to a complaint by admitting, denying, or stating a lack of information for each specific allegation. Failure to deny operates as an admission.
Rule 8(c): Requires defendants to affirmatively plead affirmative defenses (e.g., statute of limitations, exhaustion of remedies) in their answer.
What is FRCP Rule 21 & Rule 23?:
Rule 21: Grants courts the authority to sever claims into separate trials to avoid inefficiency or prejudice to the defendants.
Rule 23: Governs class actions, establishing the strict procedural requirements for certain parties to represent a larger absent class.