Civil Procedure Flashcards

Federal diversity jurisdiction under 28 U.S.C. § 1332 requires complete diversity of citizenship and an amount in controversy exceeding:

Answer: $75,000

Federal diversity jurisdiction requires that no plaintiff share citizenship with any defendant and that the amount in controversy exceed $75,000 exclusive of interest and costs.

Under FRCP 12(b)(6), a complaint survives a motion to dismiss only if it contains:

Answer: Sufficient factual matter to state a plausible claim for relief

Under Twombly and Iqbal, a complaint must plead sufficient factual content to make the claimed relief plausible on its face, not merely possible.

Personal jurisdiction requires that the defendant have minimum contacts with the forum state such that:

Answer: Maintenance of the suit does not offend traditional notions of fair play and substantial justice

International Shoe established that minimum contacts must be such that haling the defendant into the forum does not offend traditional notions of fair play and substantial justice.

The Erie doctrine requires federal courts sitting in diversity to apply:

Answer: State substantive law and federal procedural law

Under Erie Railroad Co. v. Tompkins, federal courts in diversity cases apply state substantive law but follow federal procedural rules.

Under FRCP 56, summary judgment must be granted when:

Answer: There is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law

Summary judgment is appropriate when there is no genuine issue of material fact for the jury to resolve and the law entitles the moving party to win.

The doctrine of claim preclusion (res judicata) bars re-litigation of claims that:

Answer: Could have been brought in a prior action between the same parties that reached a final judgment on the merits

Claim preclusion bars all claims that were or could have been raised in prior litigation between the same parties that ended in a final judgment on the merits.