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Civil Procedure - Coggle Diagram

- - - - federal court can hear claim based solely on state law if there is a common nucleus of operative facts between the state law claim and the federal claim
        
        If the federal claim is based on diversity jurisdiction, then only claims involving diverse parties may be added provided they arise from a common nucleus of operative facts, although they do not need to have their own 75k in controversy
    - - when the basis of SMJ is diversity of citizenship, no removal is allowed if any defendant is a citizen if the state when the action is pending
    - - gaining SMJ: 1) federal question jurisdiction 2) diversity jurisdiction (complete diversity of citizens involved in suit and AIC of over $75k)
        
        Notes on diversity jurisdiction: claimant may aggregate claims against a single defendant, but not against multiple defendants. Multiple claimants cannot aggregate claims to meet minimum AIC. Requires complete diveristy of Ds and Ps
  - - - statutory- long arm statute
      - constitutional- minimum contacts
        
        foreseeability
        
        purposeful availment
      - fair play and substantial justice
        
        convenience of the parties
        
        state's interest in hearing the claim
        
        relatedness of the contacts and the claims
  - - - if service insufficient, d must raise rat defense in its first responsive pleading or it is waived
  - - - Proper where:
        
        where any defendant resides if all reside in the same state;
        
        in the federal district where a substantial part of the events took place; or
        
        where any defendant is subject to the court’s personal jurisdiction if no there is no other jurisdiction under the first two options
- - - - Impleader-Defendant may bring in a third party if that party may be liable to Defendant for all or part of Defendant's liability to Plaintiff.
      - Interpleader-The holder of a common fund may file a lawsuit as a plaintiff and join as defendants all rival claimants to its common fund.
      - Intervention -A non-party moves to enter into a lawsuit.
      - As of right: Non-party's interest will be adversely affected by the lawsuit, and that right is not protected by the parties.
      - Permissive: Court has discretion to permit if there is a commonality of issues between those in the ongoing lawsuit and those affecting the intervener.
  - - - answer- must fairly admit or deny allegations in complaint, include previously raised 12b6 motions (if filed
      - 12b6 responsive motions: lack of PJ, insufficient service of process, improper venue, failure to state a claim, and failure to join an indispensable party, lack of SMJ (can be raised sea sponte and never waived)
        
        12b6 defenses must be filed in first responsive pleading or else waived
  - - - SMJ (in the form of supplemental jurisdiction) exists for compulsory counterclaims and crossclaims if they arise out of the same transaction or occurrence in the absence of an independent basis for federal jurisdiction. However, if a claim is only a permissive counterclaim, then no supplemental jurisdiction exists because it did not arise out of the same transaction or occurrence- there, independent grounds for federal jurisdiction must be present