2024 09-26 ESSAY

Question 1

Erie doctrine

Answer 1

1. Federal courts apply state substantive law and
2. Federal procedural law
3. Claim/issue preclusion is substantive (apply state law)

Question 2

Venue is proper

Answer 2

1. In any district in which a D resides, if all Ds reside in the same state;
2. In the district where substantial part of events/omissions/property;
3. If not 1 or 2, any jurisdiction where D is subject to personal jurisdiction.

Question 3

Discovery

Answer 3

1. Enables parties to obtain information relevant and proportional to claims and defenses;
2. Must begin with initial disclosures, includes names of who has info;
3. Parties must also confer to create a discovery schedule.

Question 4

Motion to compel production

Answer 4

1. May be filed only upon good-faith certification
2. By the party seeking discovery that
3. They have conferred and made good faith effort to
4. Confer with the opposing party who refuses to produce discovery.

Question 4

Scope of discovery

Answer 4

1. Any non-privileged matter than may lead to the discovery of relevant evidence
2. Relevant if it makes a fact more or less likely
3. Does not have to be admissible to be discoverable

Question 5

Claim preclusion (res judicata)

Answer 5

1. Prevents the same claim from being litigated multiple times:
2. Same claim (federal - transactional test; CA – injury test (broader))
3. Between same parties
4. Result of a final, valid judgement (MSJ or verdict, but in CA, post-appeal)
5. On the merits (substantive grounds, not procedural)

Question 6

Issue preclusion (collateral estoppel)

Answer 6

1. Prevents the same issue from being litigated multiple times;
2. Same issue (T or O)
3. Actually litigated (present evidence, call Ws, litigate)
4. Necessarily to the decision (by judge or jury)