Please enable JavaScript.

Coggle requires JavaScript to display documents.

Civil Procedure - Coggle Diagram

- - - - Whichever is filed first
    - - Lack of personal Jurisdiction
      - Insufficient service of process, or process
      - IMproper venue
      - Failure to state a claim
      - Failure to join an indispensable party
      - ALso includes SMJ but that is never waived, can raise at any time
  - - - Accord and SAtisfation, Arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, esstoppel, duress, failure of consideration, fraud, illegality, injury by fellow servant, laches, licenses, payment, release, res judicata. Statute of Frauds, Statute of Limitations, Waiver
  - - - After 21 days, the P must file a LEAVE TO AMEND (which is only granted in the interests of justice)
  - - - the Three I's
        
        Impleader
        
        Defendant can bring in a third party if that party may be liable to defendant for any part of D's liability to P
        
        Interpleader
        
        The holder of a common fund may file a suit as a plaintiff and join as defendants all rival claimaints to its fund
        
        Intervention
        
        3rd party sues to enter a lawsuit
        
        3rd party may be adversely affected by the suit, and that right is not protected by the parties
  - - - Bring it or else it is waived
  - - - PLaintiffs must have a common set of similar facts and common legal claim
    - - PLaintiffs and attorneys must adequately represent the class
    - - ENough plaintiffs so joinder is impractical (AT LEAST 40)
    - - the claims of the parties must be sufficently similar
    - - Court is not likely to grant class certification if there are multiple issues of state law
- - - - Federal Question Jurisdiction.
        
        Does the claim arise under the Federal Constitution, Federal Law or Federal Treaty? Or... have a substantial federal question on an issue of state law.
        
        A defense based on federal question jurisdiction is INSUFFICIENT.
      - Diversity Jurisdiction: Must be a controversy between citizens of different states with an amount in controversy (only the plaintiff's claim) EXCEEDING $75,000
        
        No plaintiff and no defendant may live in the same state because diversity will be insuffcient.
        
        Citizen: Where the party lives (state)
        
        Corporation: Citizen of BOTH the state in which its incorporated AND the state where its principal place of business is.
        
        Partnership/Association: Citizen of every state where a partner/associate is located.
        
        Amount in controversy: A plaintiff may aggregate CLAIMS against a SINGLE defendant, but not against multiple defendants.
        
        Multiple plaintiffs CANNOT aggregate claims against defendant/defendants.
    - - Supplemental Jurisdiction
        
        Federal court can consider a state law claim with a federal claim if there is a COMMON NUCLEUS of facts between the two
        
        If the claim is based on diversity jurisdiction, then the court can consider a state law claim ONLY if the state law claim involves diverse parties OR there is a common nucleus of facts.
  - - - Is the person located within the forum state by either DOMICILE or SERVICE
        
        DOMICILE: If the person resides within the state with an intent to remain INDEFINITELY
        
        Service: If the defendant is served with PROCESS in the forum state, even if they are there for a short time unrelated to the lawsuit
        
        UNLESS: They are there by force, fraud, or particiaption in another judicial proceeding, then service is not valid to satisfy
      - CONSENT
        
        Express Consent
        
        Implied consent: State has a substantial interest in regulating that behavior within that state: (driving within the state, you impliedly consent to personal jurisdiction in that state)
        
        Waiver
        
        Defendant consents to PJ by failing to raise objection to PJ in FIRST RESPONSIVE PLEADING (can be an answer to complaint)
      - LONG ARM STATUTE
        
        Does NOT require consent
        
        Statute will provide specific jurisdiction over a defendant for doing a certain thing enumerated in a statute
        (must be Constitutional)
        
        Typically it is transacting business within the state, entering into contracts within the state, or committing a tort in the state
        
        Constitutional: Defendant must have minimum contacts with the state such that it does not offend traditional notions of fair play and substantial justice.
        
        Did the defendant avail himself to the benefits of the forum state?
    - - Based on the parties' interest in a particular piece of property within the forum state
    - - RARE
        
        Jurisdiction over a piece of property exists if there is attachment of real or personal property as part of the relief requested
  - - - Where any defendant resides, IF ALL defendants reside in that state
      - In the federal district where a substantial part of the claim arose or where the property is located
      - Where the defendant can be found provided the court has personal jurisdiction, if there is NO OTHER district where the claim may be brought
    - - Must file a motion to dismiss based on improper venue
      - Can also file a motion for transfer: Forum non convieniens
        
        If the parties, witnesses, and justice demand (based on convienience) that the defendant's choice of forum is more proper, a court may accept a motion to transfer
        
        Substantial deference is given to the platiff's choice
- - - - Abode (home) service
      - Waiver
      - Agent service
      - State methods
      - Personal Service
  - - - Depositions: under Oath testimony taken out of court
      - Interrogatories: Written questions that must be answered by another party in writing, UNDER OATH, within 30 days. Only served on parties, not witnesses.
      - Request for a physical or mental examination: Only when a person's condition is in controversy. Advance court approval with a showing of "good cause" is required
    - - Request for a production of documents: produce the docs and produce property for inspecting or copying
- - - - THe basis for this motion is the EXACT same as a judgment for a mtter of law motion
        
        WITHIN 28 DAYS
    - - MUST BE MADE WITHIN 28 DAYS OF CLOSE OF TRIAL
      - Will be granted in the court's discretion IF the errors at trial affected a party's substantial right, or the verdict was against the manifest weight of the evidence