What Are the Amount in Controversy for Civil Procedure in U.S Courts Flashcards

Federal courts can have jurisdiction over cases that involve the constitution, federal laws, or treaties of the US.

The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between:1) citizens of different states2) citizens of a state and citizens of a foreign country3) citizens of different States and in which citizens or subjects of a foreign state are additional partiesMas v. Perry- landlord spy- how is "citizenship" determined?

Federal cts can hear all complaints connected to a case where there is federal jurisdiction as long as they share CNOOF (from Gibbs) UNLESS the claim raises novel or complex issues of state law, the state claim predominates, all claims where federal ct had SMJ have been dismissed, or there are other exceptional circumstances.

• Exxon Mobil Corp. v. Allapattah Services, Inc.- Many Exxon dealers filed a class-action suit against Exxon for overcharging. Only some claims met $75,000 minimum.
• Caterpillar, Inc. v. Williams- Managers at Caterpillar want to sue under individual contracts and stay in state ct (no fed. Q). Caterpillar wants to sue under collective bargaining agreement and move to fed ct.

• If a case is removed to federal court, it must go to the federal court in the same geographical location as where the case was brought.
• If there is a federal question, the case may be removed to federal court. To remove a case based on diversity, no defendant can be at home in the state where the case was originally brought

Decisions should be just, speedy, and inexpensive.

There is only one action, the Civil Action.

A civil action starts by filing a complaint with the court.

Only these pleadings are allowed:(1) a complaint; (2) an answer to a complaint; (3) an answer to a counterclaim designated as a counterclaim; (4) an answer to a cross claim; (5) a third-party complaint; (6) an answer to a third-party complaint; and (7) if the court orders one, a reply to an answer.
A request for a court order must be made by motion either in writing or during a hearing/trial and it must state with particularity why you want the order and what relief you want.

8a: A claim for relief pleading must state (1) why this ct has jurisdiction (2) why you're entitled to relief and (3) what you want.
Pleading must be concise: Conley v. Gibson; Swierkiewicz v. Sorema;

• Bell Atlantic v. Twombly; A
  • shcroft v. Iqbal

8d2:A plaintiff can offer 2+ statements of claim; it is sufficient if any one of them is sufficient.8d3: Multiple claims don't have to be consistent (McCormick)

9b: In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally.

• Fraud has 2 elements:
• 1) False or misleading statement
• 2) Made with intent to deceive (scienter)
• The plaintiff must plead the content of the statement, it's falsity and it's materiality BUT need not plead intent to defraud with particularity, because state of mind can be alleged generally.
• Tellabs- an inference of scienter must be at least as compelling as any other inference.

The council has to sign every document certifying that nothing is being submitted for an improper purpose, all legal contentions are warranted by law, and factual contentions/defenses have evidentiary support or will reasonably have it after discovery.
If this rule is broken, court can issue sanctions on the attorney, either on its own or because opposing council requests it. If opposing council, the attorney has 21 days to fix the problem.

Every defense must be stated in the responsive pleading. Grounds for dismissal are: lack of SMJ, lack of PJ, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted (must be contested before trial), failure to join a party under rule 19 (if the person really needs to be there). Bolded elements are waived if not contested at the first opportunity.