Civil Procedure Flashcards

A plaintiff files a claim in federal court alleging violations of both federal antitrust law and a related state-law tort claim. The court has original jurisdiction over the federal claim. Under 28 U.S.C. § 1367, what is the court's authority over the state claim?

Answer: The court may exercise supplemental jurisdiction because the state claim forms part of the same case or controversy

Under 28 U.S.C. § 1367(a), federal courts have supplemental jurisdiction over state claims that form part of the same Article III case or controversy as the federal claim — meaning they share a common nucleus of operative fact under the Gibbs test.

Under FRCP 15, when may a party amend its pleading as a matter of course?

Answer: Within 21 days after serving the pleading, or within 21 days after service of a responsive pleading or certain 12(b) motions

FRCP 15(a)(1) allows a party to amend its pleading once as a matter of course within 21 days after serving it, or if a responsive pleading is required, within 21 days after service of a responsive pleading or service of a motion under Rule 12(b), (e), or (f), whichever is earlier.

Under the doctrine of collateral estoppel (issue preclusion), which element is required to bar relitigation of an issue?

Answer: The issue must have been actually litigated and necessarily decided in the prior proceeding

Issue preclusion requires: (1) the issue was actually litigated in the prior proceeding; (2) the issue was actually decided; (3) the decision was necessary to the judgment; (4) the party against whom preclusion is sought had a full and fair opportunity to litigate the issue; and (5) there is identity of issues.

Which of the following is a valid basis for removal from state court to federal court?

Answer: The case involves a federal question or there is complete diversity with the amount in controversy exceeding $75,000

Under 28 U.S.C. § 1441, a civil action may be removed from state court to federal court if the federal district court would have original jurisdiction — either federal question jurisdiction under § 1331 or diversity jurisdiction under § 1332.

Under FRCP 26, which category of information must be disclosed by parties automatically without a discovery request?

Answer: All documents the disclosing party intends to use at trial and information supporting their claims or defenses

FRCP 26(a)(1) requires initial disclosures of: (1) the names and contact information of individuals likely to have discoverable information; (2) documents or ESI the disclosing party may use to support its claims or defenses; (3) a computation of each category of damages; and (4) any insurance agreement relevant to the action.

A federal court in New York is hearing a diversity case. Under the Erie doctrine, which rule should the court apply to determine whether to allow a jury trial on an issue that would be tried by a judge in New York state court?

Answer: The court should apply the Federal Rules because the Seventh Amendment and FRCP 38 govern jury trial rights in federal court

In Byrd v. Blue Ridge Rural Electric Cooperative (1958), the Supreme Court held that the allocation of functions between judge and jury is governed by federal law (specifically the Seventh Amendment and FRCP 38), even in diversity cases, because it is bound up with the federal system of allocating decision-making and is not merely outcome-determinative.