Black Letter Law Flashcards
With regard to the exercise of personal jurisdiction over a defendant in a civil case in a state, absent consent or waiver, the United States Constitution require that the defendant have ____.
sufficient minimum contacts with the state and be provided with notice of the action
During discovery, when a party learns that the information it disclosed was materially incomplete or incorrect, that party is required to supplement:
(a) disclosures
(b) prior responses to interrogatories
(c) responses to requests for production
(d) responses to requests for admissions
(e) experts’ reports
(f) depositions of experts
During discovery, when a party learns that the information disclosed was materially incomplete or incorrect, the party is not required to supplement:
Depositions of nonexpert witnesses.
Generally speaking, how soon must a defendant file a notice of removal after receipt by or service on that defendant of the initial pleading or summons?
30 days
Where venue is proper in the district where a suit is originally brought, transfer to another district is permitted to another district where ____.
the action might have been brought, or a district to which all parties have consented
In every kind of class action suit, notice of ____ required.
dismissal or compromise is
Under the Full Faith and Credit Clause of the Constitution and federal statutes, a state court generally must recognize the judgments of a ____ and federal courts generally must recognize judgments of ____.
sister state; state courts
Under the Federal Rules Of Appellate Procedure, the usual period to appeal a judgment is suspended if: (1) there is a timely renewed motion for judgment as a matter of law, or (2) there is a motion for new trial, or (3) a motion to set aside or amend the judgment is made within 28 days of judgment.
Under what circumstances can a party appeal if such motions have been made during the appeal period?
A party can appeal within 30 days from the entry of an order based on such motions.
A federal court will determine whether it has ____ before it considers ____.
subject matter jurisdiction; the merits of the case
In ____ cases in federal court, an action is always deemed commenced for statute of limitation purposes when the plaintiff files her complaint with the court.
federal question
In ____ cases, the commencement of the action is determined by state law, and state law varies on the subject.
diversity
Under the Interlocutory Appeals Act, is a trial judge’s determination that an order meets the standard for appeal under the Act sufficient to require the appeals court to review the order?
No, at least two appellate judges must also agree to hear the appeal.
Review under the Interlocutory Appeals Act is discretionary with the court and may be available when:
(i) trial judge certifies that the order involves a controlling question of law as to which there is substantial ground for a difference of opinion and an appeal would materially advance the conclusion of the case
(ii) at least two appellate court judges agree to hear the appeal
A case may not be removed on the basis of diversity of citizenship jurisdiction more than ____ after it was commenced in state court.
one year
A matter that is nonprivileged and relevant to any party’s claim or defense may be discovered if it is ____.
proportional to the needs of the case only
Under Federal Rule 4, a federal court generally decides whether it has personal jurisdiction over ____.
a particular defendant as if it were a state court in which it is situated
If a plaintiff induces a defendant by fraud to enter a state for the purpose of service of process, that service of process is:
invalid
Venue ____ unless ____.
is considered to be waived; a timely objection is made
The “amount in controversy” requirement for purposes of diversity jurisdiction is not satisfied unless the complaint contains:
A good faith claim that the amount exceeds $75,000, exclusive of interest and costs of the lawsuit.
How must a party object to improper venue?
by timely objection in a pre-pleading motion or answer
When federal trial courts consider a motion for a new trial based on the excessiveness of the verdict, they must apply:
a state law standard
Federal jurisdiction based on diversity of citizenship is defined in terms of “complete diversity,” which means:
No plaintiff may be a citizen of the same state as any defendant.
If a case involving multiple defendants is removed to federal court on the basis of a federal question being present, and some of the defendants have only state law claims that cannot invoke diversity or supplemental jurisdiction:
Only those defendants against whom a federal claim is asserted are required to join in the removal.
Can a defendant raise a counterclaim in her answer even if her counterclaim is unrelated to the claims in the plaintiff’s complaint?
Yes, it is a permissive counterclaim and may be raised in her answer.
As a general rule, a judgment from a federal district court can be enforced:
thirty days after it is entered
Party A properly makes pretrial disclosures, including a list of documents she expects to offer into evidence.
If Party B wants to object to one of the documents in the list, she must do so within ____ days following Party A’s pretrial disclosures, or her right to object is ____.
14; deemed waived (except for objections that the evidence is irrelevant, prejudicial, or confusing)
There are two types of quasi in rem jurisdiction. The first type involves disputes between parties over their rights in ____.
property within the state
There are two types of quasi in rem jurisdiction. The second type involves disputes unrelated to the ____ and has been severely limited by the Supreme Court, which held that quasi in rem jurisdiction is proper only when ____.
in-state property; minimum contacts exist making exercise of jurisdiction fair and just
In quasi in rem cases, the plaintiff is unable to obtain ____ over the defendant, but the defendant has ____.
personal jurisdiction; property in the state that the plaintiff attaches
The general rule under the permissive joinder rule is that parties may join an action as plaintiffs or be joined as defendants whenever some claim is made by each plaintiff and against each defendant ____, and there is a ____. Both conditions must be met for a permissive joinder.
relating to or arising out of the same series of occurrences or transactions; question of fact or law common to all the parties
A new trial may be granted when the verdict is:
(a) excessive
(b) inadequate
(c) against the weight of the evidence
(d) error during the trial (usually going to the admissibility of evidence or the propriety of the instructions)
(e) jury misconduct
If a final judgment is collaterally attacked for lack of subject matter jurisdiction, what are the factors a court consider in determining whether to recognize the judgment as valid?
(a) lack of jurisdiction is clear
(b) the rendering court is a court of limited jurisdiction
(c) the question of subject matter jurisdiction was litigated
(d) jurisdiction depends on a question of law, not fact
(e) strong policy exists against the court acting beyond its jurisdiction
An answer that does not contain specific denials or admissions of each averment in the complaint must then contain ____ to be valid.
a general denial with specific admissions to certain averments
Rule 11 sanctions may consist of ____ and may be imposed on ____.
monetary penalties or nonmonetary directives; parties, attorneys, or law firms
When can a defendant raise the defense of lack of subject matter jurisdiction for the first time?
At any time, including on appeal.
In federal courts, state law is ____ when determining the sufficiency of the evidence to create a jury issue.
not considered
A nonparty to an earlier action may use issue preclusion in a subsequent case whenever:
(a) issues are identical
(b) party against whom collateral estoppel will be asserted had a fair opportunity to be heard on the issue
(c) it would not be unfair to bind the party on the issue
(d) there was a final judgment on the merits
Under the Erie doctrine, a federal court exercising diversity jurisdiction applies ____ substantive law and ____ procedural law.
state; federal
____ may move for the correction of a clerical error ____ after a judgment was entered.
any party or the court itself; at any time