Master of Laws (LLM) U.S. Civil Procedure and Litigation Syllabus

U.S. Civil Procedure and Litigation syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for U.S. Civil Procedure and Litigation in Master of Laws (LLM), not a summary of it.

1. 1

   Jurisdiction and Venue

   4 topics

   • Subject Matter Jurisdiction
     • Federal question jurisdiction
     • Diversity jurisdiction and amount in controversy
     • Supplemental jurisdiction and removal
   • Personal Jurisdiction
     • Minimum contacts and purposeful availment
     • General vs. specific jurisdiction
     • Long-arm statutes and due process limits
   • Venue, Transfer, and Forum Non Conveniens
   • The Erie Doctrine: Federal vs. State Law
2. 2

   Pleadings and Pretrial Practice

   4 topics

   • Complaint and Responsive Pleadings
     • Plausibility pleading under Twombly and Iqbal
     • Rule 12 motions and defenses
     • Counterclaims and cross-claims
   • Joinder of Parties and Claims
   • Class Actions Under Rule 23
   • Amendments and Relation Back
3. 3

   Discovery and Adjudication Without Trial

   3 topics

   • Scope and Tools of Discovery
     • Depositions, interrogatories, and document requests
     • Work product and privilege protections
     • E-discovery and proportionality
   • Summary Judgment Standards
   • Default Judgments and Dismissals
4. 4

   Trial, Judgment, and Appeals

   4 topics

   • Right to Jury Trial and Jury Selection
   • Judgment as a Matter of Law and New Trial Motions
   • Preclusion Doctrines
     • Claim preclusion (res judicata)
     • Issue preclusion (collateral estoppel)
   • Appellate Review and the Final Judgment Rule

U.S. Civil Procedure and Litigation flashcards for Master of Laws (LLM)

25 of 56 cards from the U.S. Civil Procedure and Litigation deck — real questions with worked answers.

1. What are the two primary bases of federal subject matter jurisdiction over a civil case?

   Federal question jurisdiction (28 U.S.C. 1331) for claims arising under federal law, and diversity jurisdiction (28 U.S.C. 1332) for disputes between citizens of different states (or with a foreign party) where the amount in controversy exceeds $75,000.

2. Under the well-pleaded complaint rule, when does a case 'arise under' federal law for 1331 purposes?

   Only when a federal question appears on the face of the plaintiff's properly pleaded complaint. An anticipated federal defense or federal counterclaim does not create federal question jurisdiction.

3. What is the complete diversity requirement under 1332?

   No plaintiff may be a citizen of the same state as any defendant. Diversity is determined at the time the suit is filed, and the amount in controversy must exceed $75,000.

4. How is the citizenship of a corporation determined for diversity purposes?

   A corporation is a citizen of every state where it is incorporated AND the one state of its principal place of business (its 'nerve center,' where high-level officers direct and control the corporation per Hertz v. Friend).

5. What is supplemental jurisdiction under 28 U.S.C. 1367?

   It lets a federal court hear additional claims that are so related to a claim within original jurisdiction that they form part of the same case or controversy (common nucleus of operative fact), subject to limits in diversity-only cases under 1367(b).

6. Can subject matter jurisdiction be waived or forfeited by the parties?

   No. It can never be waived or consented to, may be raised at any time by any party or the court sua sponte, and a lack of it requires dismissal even on appeal.

7. State the two-part constitutional test for specific personal jurisdiction.

   (1) The defendant must have purposefully established minimum contacts with the forum such that the claim arises out of or relates to those contacts; and (2) exercising jurisdiction must comport with traditional notions of fair play and substantial justice (International Shoe).

8. What is general (all-purpose) personal jurisdiction and where does it exist?

   It allows a court to hear any claim against a defendant, even unrelated to the forum. For an individual it lies at the domicile; for a corporation it lies where it is 'at home' - essentially its place of incorporation and principal place of business (Daimler v. Bauman).

9. What does 'purposeful availment' mean in personal jurisdiction analysis?

   The defendant must have deliberately reached into or targeted the forum state to benefit from its laws, so that being haled into court there is foreseeable; mere unilateral activity of the plaintiff or random/fortuitous contacts are insufficient.

10. What are the traditional bases for personal jurisdiction that satisfy due process without a minimum-contacts analysis?

    Physical presence/personal service in the forum (transient/tag jurisdiction per Burnham), domicile, consent, and waiver.

11. What is the general venue statute and where is venue proper under 28 U.S.C. 1391?

    Venue is proper in (1) a district where any defendant resides if all defendants reside in the same state, (2) a district where a substantial part of the events or omissions occurred or property is located, or (3) a fallback district where any defendant is subject to personal jurisdiction if no other district qualifies.

12. Compare 28 U.S.C. 1404(a) transfer with 1406(a) transfer.

    1404(a) transfers a case from a proper venue to another proper, more convenient venue for the convenience of parties and witnesses. 1406(a) transfers (or dismisses) a case filed in an improper venue, sending it to a district where it could have been brought.

13. What is the doctrine of forum non conveniens?

    A discretionary power to dismiss a case (rather than transfer it) when an adequate alternative forum exists - typically a foreign or state court - and private and public interest factors strongly favor litigating elsewhere; used when transfer under 1404 is unavailable.

14. In a 1404(a) transfer of a diversity case, whose substantive law applies after transfer?

    The transferee court applies the law of the transferor state (Van Dusen v. Barrack), so a self-serving 1404 transfer does not let a party shop for more favorable substantive law.

15. What does the Erie doctrine require a federal court to apply in a diversity case?

    Federal courts sitting in diversity must apply state substantive law and federal procedural law; there is no general federal common law (Erie R.R. v. Tompkins).

16. Under the Erie analysis, what governs when a valid Federal Rule of Civil Procedure is directly on point?

    If a valid FRCP (authorized by the Rules Enabling Act and constitutional) directly conflicts with state law, the federal rule applies under the Hanna v. Plumer / Supremacy analysis, regardless of state practice.

17. What test applies under Erie when there is NO governing federal rule or statute on point?

    Courts consider whether the state law is outcome-determinative, weighed against the twin aims of Erie (discouraging forum shopping and avoiding inequitable administration of the laws), balanced against any countervailing federal interests (York/Byrd/Hanna).

18. In a diversity case, which state's choice-of-law rules does a federal court apply?

    The choice-of-law rules of the state in which the federal court sits (Klaxon v. Stentor), because choice of law is treated as substantive under Erie.

19. What are the three things a complaint must contain under FRCP 8(a)?

    (1) A short and plain statement of the grounds for subject matter jurisdiction, (2) a short and plain statement of the claim showing the pleader is entitled to relief, and (3) a demand for the relief sought.

20. What is the Twombly/Iqbal plausibility pleading standard?

    A complaint must plead enough factual matter, accepted as true, to state a claim that is plausible on its face - more than mere labels, conclusions, or a formulaic recitation of elements; courts disregard conclusory allegations and ask if the well-pleaded facts plausibly suggest liability.

21. Which defenses must be raised in the first Rule 12 response or be waived under Rule 12(h)?

    The four waivable defenses: lack of personal jurisdiction, improper venue, insufficient process, and insufficient service of process. They must be raised in the first motion or responsive pleading or they are waived.

22. How long does a defendant generally have to serve an answer after being served, and what is the effect of a Rule 12 motion on that deadline?

    21 days after service of the summons and complaint (60/90 days if waiver of service is used). A pending Rule 12 motion postpones the answer deadline until 14 days after the court's denial or postponement of the motion.

23. What is the standard for a Rule 12(b)(6) motion to dismiss for failure to state a claim?

    The court accepts all well-pleaded factual allegations as true and draws reasonable inferences in the plaintiff's favor, dismissing only if the complaint fails to state a plausible claim for relief as a matter of law; it tests the pleading's legal sufficiency, not the evidence.

24. Distinguish compulsory joinder of parties (Rule 19) from permissive joinder (Rule 20).

    Rule 19 requires joinder of a 'necessary' party whose absence would impair complete relief or the absent party's interests (and asks whether the case must be dismissed if joinder is infeasible). Rule 20 permits joinder of parties when claims arise from the same transaction/occurrence and share a common question of law or fact.

25. What is a compulsory counterclaim under Rule 13(a) and what happens if it is not asserted?

    A claim the defendant has against the plaintiff arising out of the same transaction or occurrence as the plaintiff's claim. It must be pleaded in the same action; failure to assert it generally bars the defendant from raising it later in a separate suit.

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