Bar: Misc Flashcards
Joinder is compulsory if…
Joinder is compulsory if:
- Court could not provide complete relief without that party; OR
- If the absent party could not protect an interest in the proceedings.
Impleader is used when there is an allegation that a third-party will _______________________________.
Impleader is used when there is an allegation that a third-party will owe the defendant if the plaintiff wins.
Parties may obtain discovery of any _______ matter that is relevant to any party’s claim or defense and proportional to the needs of the case.
Non-privileged.
Parties may obtain discovery of any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case.
Unless a different time is set by court order or stipulation, within __ days after the meeting the parties must provide the names, addresses, and telephone numbers of individuals likely to have discoverable information that the disclosing party may use to support its claims or defenses (unless needed solely for impeachment).
14 days
Unless a different time is set by court order or stipulation, within 14 days after the meeting the parties must provide the names, addresses, and telephone numbers of individuals likely to have discoverable information that the disclosing party may use to support its claims or defenses (unless needed solely for impeachment).
During discovery, electronically stored information need not be produced if the responding party identifies it as:
response - correct
A Not easily accessible
B Not stored in the form requested
C Not accessible without incurring additional cost
D Not reasonably accessible because of undue burden or cost
D Not reasonably accessible because of undue burden or cost
During discovery, electronically stored information need not be produced if the responding party identifies it as from a source that is not reasonably accessible because of undue burden or cost.
Venue is considered to be waived unless….
Venue is considered to be waived unless a timely objection (in a pre-pleading motion or, where no such motion is made, in the answer) is made to the improper venue.
When a transfer is based on the ground that venue was improper, which law applies in the transferee court?
A) The law of transferring court
B) The law of the transferee court
B) The law of the transferee court
A transfer on the ground that the original choice of venue was improper generally results in a change of the law applicable under the Erie doctrine; i.e., the law of the state in which the transferee court sits now applies.
If Defendants do not object to either lack of personal jurisdiction or venue when _______________, they have effectively consented to the jurisdiction of the court on these issues.
In their answer.
If defendants do not to object to either lack of personal jurisdiction or venue in their answer, they have effectively consented to the jurisdiction of the court on these issues.
When may a defending party properly implead a third-party?
A defending party may implead a nonparty if the nonparty is or may be liable to the party for any part of a judgment that the plaintiff may recover against it.
Because the defendant is claiming that the third-party is liable for the defendants liability to the plaintiff, it may implead the third-party.
Federal trial courts are required to apply a _______ when considering a motion for a new trial based on the excessiveness of the verdict.
A
Federal law standard
B
State or federal law standard, in the court’s discretion
C
State law standard
C
State law standard
Federal trial courts are required to apply a state law standard when considering a motion for a new trial based on the excessiveness of the verdict.
An issue not raised by the pleadings is treated as if it was raised in the pleadings if _____________________________.
An issue not raised by the pleadings is treated as if raised in the pleadings if is tried by the parties’ express or implied consent.
If parties bring suit in federal court alleging both legal and equitable claims, and a party demands a jury trial, how will the court proceed to decide the legal and equitable claims?
If legal and equitable claims are joined in one action involving common fact issues, the legal claim is tried first before the jury, and then the equitable claim is tried to the court.
The jury’s finding on fact issues will bind the court in the equitable claim, which the judge will then decide.
Review under the Interlocutory Appeals Act is discretionary with the court and may be available when:
1) ________________
2) ________________
3) ________________
Review under the Interlocutory Appeals Act is discretionary with the court and may be available when:
(i) the trial judge certifies that the order involves a controlling question of law as to which there is substantial ground for a difference of opinion;
ii) and an appeal would materially advance the conclusion of the case, and
(iii) at least two appellate court judges agree to hear the appeal.
As a general rule, a notice of appeal must be filed with the district court within ____ days from the entry of judgment.
30
As a general rule, a notice of appeal must be filed with the district court within 30 days from the entry of judgment.
When a court grants summary judgment on some but not all of the claims in an action, the court’s order is not final and thus not appealable unless….
When a court grants summary judgment on some but not all of the claims in an action, the court’s order is not final and thus not appealable unless the court expressly determines that there is no just reason to delay entry of judgment.
Unless the trial judge makes that express determination, its order determining the merits of fewer than all of the claims is not a final judgment and thus is not appealable.
When an appellate court reviews a trial court’s ruling on a post-trial motion for judgment as a matter of law (including a renewed one), it employs a __________ standard of review.
De Novo.
When an appellate court reviews a trial court’s ruling on a post-trial motion for judgment as a matter of law (including a renewed one), it employs a de novo standard.
It does so because the issue is one of law.
Which party or parties can exercise the right of removal?
A
The plaintiff, the defendant, or the court
B
Only the plaintiff
C
Only the defendant
D
The plaintiff or the defendant
Which party or parties can exercise the right of removal?
B
Only the plaintiff
A plaintiff cannot exercise the right of removal, even on the ground that a counterclaim against him could have been brought independently in a federal court.
The court cannot remove a case on its own motion.
When a defendant attempts to remove a case from state court to federal court, the state court _______ have had subject matter jurisdiction over the case.
A
Need not
B
Must
C
Must not
A
Need not
By statute, the state court need not have had subject matter jurisdiction over the case. A federal court may decide a claim in a removed civil action even if the state court had no subject matter jurisdiction.
Which of the following statements regarding the parties involved provides a sufficient basis for applying claim preclusion?
A
The earlier and the latter causes of action involved the same parties
B
The earlier and the latter causes of action were brought by the same claimant against the same defendant
C
The earlier and the latter causes of action were brought against the same defendant
C
The earlier and the latter causes of action were brought against the same defendant
For res judicata to apply, the earlier and latter causes of action must be brought by the same claimant against the same defendant.
Claim Preclusion (Res Judicata) requires:
1) ________________
2) ________________
3) ________________
Claim Preclusion (Res Judicata) requires:
1) Valid, final judgment on the merits
2) The cases were brought by the same claimant against the same defendant
3) The same cause of action is involved in later lawsuit
Summary Judgment should be granted when ….
there is no genuine dispute of material fact.
Summary Judgment should be granted in cases where there is no genuine dispute of material fact.
Third-party claims may be asserted by a defendant only if…
The defendant seeks to obtain recovery from the third-party, and that recovery must be for the third-party’s liability to the defendant.
A defendant may not assert a claim against a third-party if the defendant is asserting that the third-party was solely responsible for plaintiff’s injury, and that defendant was not responsible at all.
A third-party may assert a claim against the plaintiff if the claim….
A third-party may assert a claim against the plaintiff if the claim arises out of the same transaction/occurrence as the plaintiff’s original claim.
Parties must provide the names of individuals likely to have discoverable information that the party may use to support its claims/defenses _____________________.
A. If a discovery request is submitted by opposing party
B. Regardless of whether a discovery request is submitted by opposing party
B. Regardless of whether a discovery request is submitted by opposing party
Parties must provide names of individuals likely to have discoverable information without waiting for a discovery request, as an initial disclosure.
