BARBRI - Civil Procedure Flashcards

1
Q

Do the Federal Rule permit plaintiff to join his claims against three potential defendants in a single action?

A

Under the Federal Rules, joinder is generally allowed when the claims against the defendants
arise from the same transaction or occurrence and one common question of law or fact is raised

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2
Q

When is venue proper in federal courts?

A

(i) a judicial district in which any defendant resides, if all defendants are residents of the state in which the district is located;
or
(ii) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated.

There is a fallback provision if there is no district that satisfies (i) or (ii), but it will seldom come into play.

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3
Q

How does Barbri analyze whether there is jurisdiction on exam?

A
  1. There must be a state stattue (almost always is motorist, long arm and etc) conferring juristidction.
    2.
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4
Q

How to analyze in rem or quasi-in-rem?

A
  1. There must be statue
  2. Owns it or claims to own it
  3. Must seize propery on the outset
  4. Minimum comtact under shoe
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