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?
- No plaintiff may share citizenship with any defendant.
- What is the amount in controversy requirement for diversity jurisdiction?
- It must exceed $75,000.
- Under 28 USC 1331, what must a claim do to invoke federal question jurisdiction?
- 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.
- complaint
- What standard governs supplemental jurisdiction under 28 USC 1367?
- 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?
- 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?
- 30 days.
- Under the forum defendant rule, when can a diversity case not be removed?
- 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?
- 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?
- The corporation is essentially at home there, typically its place of incorporation or principal place of business.
- What is required for specific personal jurisdiction?
- 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?
- 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?
- 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?
- 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?
- 90 days.