Civil Procedure Flashcards

Under 28 U.S.C. § 1332, what is the amount-in-controversy requirement for federal diversity jurisdiction?

Answer: More than $75,000

Federal diversity jurisdiction requires that the amount in controversy exceed $75,000, exclusive of interest and costs.

Under International Shoe Co. v. Washington, personal jurisdiction over a non-resident defendant is constitutional when the defendant has:

Answer: Minimum contacts with the forum such that suit does not offend traditional notions of fair play and substantial justice

International Shoe established the minimum contacts test: a defendant must have sufficient contacts with the forum so that haling it into court there comports with fair play and substantial justice.

Under 28 U.S.C. § 1391, venue in a federal civil action is proper in a district where:

Answer: Any defendant resides if all defendants reside in the same state, or where a substantial part of the events giving rise to the claim occurred

Section 1391 permits venue where any defendant resides if all defendants are residents of the same state, or where a substantial part of the events or omissions giving rise to the claim occurred.

Under FRCP 4(e), service of process on an individual in a federal action may be accomplished by:

Answer: Delivering copies to the individual personally or leaving them at the individual's dwelling with a person of suitable age and discretion residing there

FRCP 4(e) allows personal delivery to the individual or substituted service at the individual's usual abode with a resident of suitable age and discretion.

Under the pleading standard established in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, a complaint must contain:

Answer: Sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face

Twombly and Iqbal require that a complaint allege enough factual content to make the claim plausible, not merely possible or conceivable.

A motion to dismiss under FRCP 12(b)(6) challenges:

Answer: Whether the plaintiff's complaint states a legally cognizable claim for relief

A 12(b)(6) motion asserts that even accepting all well-pleaded facts as true, the complaint fails to state a claim upon which relief can be granted.

Under FRCP 20(a), persons may be joined as defendants in a single action if:

Answer: Any right to relief is asserted against them jointly, severally, or arising out of the same transaction or occurrence AND a common question of law or fact exists

Permissive joinder of defendants under Rule 20 requires both the same-transaction-or-occurrence element and a common question of law or fact.