Core civil procedure rules and doctrines tested on the bar exam.
40 cards · basic cards · AI-written, checked twice. Edit anything.
- What is the complete diversity rule for diversity jurisdiction?
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No plaintiff may share citizenship with any defendant.- What is the amount in controversy requirement for diversity jurisdiction?
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It must exceed $75,000.- Under 28 USC 1331, what must a claim do to invoke federal question jurisdiction?
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Arise under the Constitution, laws, or treaties of the United States.- Under the well-pleaded complaint rule, the basis for federal question jurisdiction must appear on the face of the ____, not in an anticipated defense.
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complaint- What standard governs supplemental jurisdiction under 28 USC 1367?
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The claim must form part of the same case or controversy, sharing a common nucleus of operative fact, with a claim over which the court has original jurisdiction.- When can a defendant remove a case from state to federal court?
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When the federal court would have had original jurisdiction over the case.- How many days does a defendant have to file a notice of removal after receiving the initial pleading?
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30 days.- Under the forum defendant rule, when can a diversity case not be removed?
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When any defendant is a citizen of the state in which the action was filed.- What is the constitutional standard for personal jurisdiction established in International Shoe v. Washington?
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The defendant must have minimum contacts with the forum such that jurisdiction does not offend traditional notions of fair play and substantial justice.- What makes a court's exercise of general personal jurisdiction over a corporation proper?
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The corporation is essentially at home there, typically its place of incorporation or principal place of business.- What is required for specific personal jurisdiction?
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The plaintiff's claim must arise out of or relate to the defendant's contacts with the forum state.- What is the function of a state long-arm statute?
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It authorizes courts to exercise personal jurisdiction over out-of-state defendants, up to the limits of due process.- Under 28 USC 1391, where is venue generally proper?
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A judicial district where any defendant resides, or where a substantial part of the events giving rise to the claim occurred.- What is forum non conveniens?
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A doctrine letting a court dismiss a case, even though venue is proper, because another forum is significantly more convenient.- Under Federal Rule 4, how long does a plaintiff have to serve a defendant after filing the complaint?
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90 days.
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