Civ Flashcards
SMJ
DIVERSITY
FED Q
DIVERSITYMT IN CONTROVERSY
MUST B IN EXCESS OF 75K
CT MUST HAVE LEGAL CERTAINTY
ADDING CLAIMS
P CAN ADD CLAIMS IF ONE EXCEEDS 75K
SINGLE P CAN ADD CLAIMS AGAINST SINGLE D TO REACH 75K
MULTIPLE P’S VIA SUPPLEMENTAL JX
IF SINGLE P MEETS 75K THEN OTHER P’S CAN JOIN
CANNOT JOIN IF NO SINGLE CLAIM EXCEEDS 75K
CLASS ACTION AMT IN CONTROVERSY
ONE NAMED MEMBER MUST MEET 75K
DIVERSITY
CASE EXCEEDS 75K
COMPLETE DIVERSITY OF CITIZENSHIP
DIVERSITY CITIZENSHIP
NO P MAY BE CITIZEN OF THE SAME STATE AS ANY D
CITIZENSHIP-DOMICILE
PRESENT LOCATION AND INTENT TO STAY
CORP-DOMICILE
STATE OF INCORP
PPB
CANNOT JOIN A PARTY JUST TO OBTAIN
DIVERSITY
FED Q
1) P’S CLAIM MUST BASED ON FED LAW
2) WELL PLEADED COMPLAINT RULE:
FED ISSUE MUST BE OBVIOUS
FEDERAL ISSUE AS A DEFENSE IS
NOT A FEDERAL Q
FEDERAL Q CASES
1) ADMIRALITY
2)MARITIME
3)INTELLECTUAL PROP
SUPPLEMENTAL JX
MAY ADD CLAIMS W/O SMJ IF THEY ARISE FROM A COMMON NUCLEUS OF FACTS
SUPPLEMENTAL JX-DIVERSITY
NEW PARTY CANNOT DESTROY DIVERSITY OF CITIZENSHIP
SUPPLEMENTAL JX- ALLOWED
COMPULSORY COUNTERCLAIM
JOINDER IN COMPULSORY COUNTERCLAIM
CROSS CLAIM
IMPLEADER OF 3RD PARTY DEFENDANTS
SUPPLEMENTAL JX- NOT ALLOWED:
ORG PLAINTIFF V 3RD PARTY DEF
COMPULSORY JOINDER
JOINDER OF D’S
INTERVENTION
CT HAS ____ TO APPLY SUPPLEMENTAL JX
DISCRETION
PERSONAL JX
IN PERSONAM
ABILITY TO BRING THE INDIVIDUAL INTO CT
PJ GENERAL RULES
1) PRESENT/PERSONALLY SERVED
2)DOMICILED
3) CONSENT
MINIMUM CONTACTS STANDARD
1) SUIT DOES NOT OFFEND TRADITIONAL NOTIONS OF FAIRPLAY AND JUSTICE
2)D COULD REASONABLY ANTICIPATE LITIGATION
MINIMUM CONTACTS- CORPORATIONS:
PURPOSEFUL AVAILMENT
SYSTEMATIC AND CONTINUOUS ACTIVITES
QUASI IN REM JX
GOING AFTER PROPERTY TO SATISFY A JUDGMENT AGAINST AN INDIVIDUAL
IN REM JX
JX OVER AN OBJECT/PROPERTY
SERVICE OF PROCESS
1) ONLY IN STATE WHERE DISTRICT CT SITS OR
2) ANYWHERE ALLOWED BY LONG ARM STATUTE
100 MILE BULGE RULE
1) OUT OF STATE SERVICE ALLOWED W/IN 100 MILE RADIUS
2) ONLY FOR OUT OF STATE 3RD PARTY DEFENDANTS/INDISPENSABLE PARTIES
SERVICE OF PROCESS - MUST GIVE ADEQ
NOTICE
PROPER WAYS TO SERVE PROCESS
1) PERSONAL SERVICE BY NON PARTY OVER 18
2) AT HOME W PERSON OF SUITABLE AGE
3)FIRST CLASS MAIL
4) AUTHORIZED AGENT
5) STATE LAW METHODS
OUT OF STATE SERVICE OF PROCESS
MAIL
NEWSPAPER IF NO OTHER REASONABLE WAY
SERVICE OF PROCESS- CORPORATIONS
1) OFFICER OR DESIGNATED AGENT
2) ANYONE OF SUFFICIENTLY HIGH PLACEMENT
REMOVAL- DEFINITION
WHEN A STATE CT CASE COULD HAVE BEEN BROUGHT IN FED CT
WHO CAN REMOVE
1) ONLY D MAY REMOVE
2) ALL D’S MUST AGREE
REMOVAL-TIMING
FILED W/IN 30 DAYS OF SERVICE OF COMPLAINT
REMOVAL- DIVERSITY
1) CASE CANNOT BE REMOVED MORE THAN 1 YR AFTER START
2) D CANNOT REMOVE IF HE IS A CITIZEN OF FORUM STATE
REMOVAL-MULTIPLE CLAIMS
IF ONE CLAIM IS REMOVABLE, THEN THE ENTIRE CASE CAN BE REMOVED
REMAND- DEFINITION
P WANTS TO BRING CASE BACK TO STATE CT AFTER IMPROPER REMOVAL
REMAND-TIMING
-WITHIN 30 DAYS OF FILING NOTICE OF REMOVAL
-D HAS BURDEN TO SHOW REMOVAL WAS PROPER
VENUE- DEFINITION
THE PROPER FEDERAL DIST CT FOR THE CASE
PROPER VENUE
1) WHERE ANY DEFENDANT RESIDES IF ALL D’S RESIDE IN SAME STATE
2) WHERE SUBSTANTIAL PART OF EVENTS TOOK PLACE
ONLY IF 1 & 2 DONT APPLY
3) WHERE THERE IS PERSONAL JX OVER DEFENDANT
VENUE- CORPORATIONS
1) PRINCIPAL PLACE OF BUSINESS
2) ANY DISTRICT IN STATE OF INCORP
TRANSFER OF VENUE- PROPER VENUE:
1) CT MAY TRANSFER TO ANOTHER DISTRICT
2) FOR THE CONVENIENCE OF PARTIES AND INTEREST OF JUSTICE
3) LAW OF ORIGINAL VENUE WILL APPLY
TRANSFER OF VENUE- IMPROPER VENUE:
1) JUDGE MUST DISMISS OR TRANSFER IN THE INTEREST OF JUSTICE
2)TRANSFER TO ANY DISTRICT WHERE THE CASE COULD HAVE ORIGINALLY BEEN BROUGHT
VENUE- CONSENT
BOTH PARTIES MUST CONSENT
VENUE-DISMISSAL
IF THE MORE CONVENIENT FORUM IS A FOREIGN COUNTRY
COMPLAINT
FILING OF COMPLAINT COMMENCES SOL
SERVICE OF THE COMPLAINT WITHIN
90 DAYS
COMPLAINT ELEMENTS
1) STATEMENT OF JX
2) STATEMENT OF FACTS (NOT THEORY)
3) DEMAND FOR RELIEF
FRAUD AND SPECIAL DAMAGES MUST BE PLED W
SPECIFICITY
AMENDMENT AS OF RIGHT
ONCE W/IN 21 DAYS OF SERVICE OF PLEADING
AFTER 21 DAYS
NEED CTS PERMISSION TO AMEND- “WHEN JUSTICE SO REQS”
RELATION BACK
AROSE OUT OF THE SAME CONDUCT TRANSACTION OR OCCURENCE
REALTION BACK (FOR PARTIES)
1) SAME CONDUCT TRANSACTION OR OCCURRENCE
2) WITHIN 90 DAYS OF FILING THE PARTY HAD NOTICE
3) KNEW/SHOULD HAVE KNOWN BUT FOR MISTAKE OF ID
RULE 11
ATTORNEY SIGNS TO BEST OF KNOWLEDGE INFO AND BELIEF THERE IS A BASIS FOR THE CLAIM
RULE 11 KEY WORDS
WARRANTED BY EXISTING LAW
EVIDENTIARY SUPPORT
NO IMPROPER PURPOSE
COUNTERCLAIM
D RAISES A CLAIM BACK AT THE PLAINTIFF
COMPULSORY COUNTERCLAIM
1) SAME T/O
2) SUPPLEMENTAL JX
PERMISSIVE COUNTERCLAIM
1) NOT SAME T/O
2) NEEDS INDEPENDENT JX
PERMISSIVE JOINDER
1) SINGLE T/O
2) COMMON Q’S OF LAW/FACT
COMPULSORY JOINDER
PARTY NEEDS TO BE JOINED OR UNFAIR
NECESSARY PARTY= IMPAIR INTEREST
IF CANNOT JOIN DUE TO JX- CASE MAY STILL PROCEED
INDISPENSABLE PARTY= PREJUDICE
IF CANNOT JOIN DUE TO JX; CASE MUST BE DISMISSED
CLASS CERTIFICATION
1) SIZE
2) COMMON Q
3) TYPICAL
4) REPRESENTATION/CONFLICT
TYPES OF CLASS ACTIONS
B1= IMPAIRMENT OF INTEREST
B2=INJUNCTIVE RELIEF
B3= COMMON QUESTION (THE SUPERIOR METHOD)
B1 & B2
MEMBERS MAY NOT OPT OUT
B3
MEMBERS MAY OPT OUT
DIVERSITY IN CLASS ACTIONS
1) CITIZENSHIP OF THE NAMED REPRESENTATIVE
2) ONE MEMBER MUST MEET 75K OR THE SUM OF THE CLAIMS IS 5 MIL
IF CERTIFICATION OF CLASS IS DENIED
MAY BE APPEALED
INTERVENTION AS OF RIGHT
1) INTEREST IN PROPERTY/TRANSACTION
2) INTEREST IS IMPAIRED
3) NO CT PERMISSION REQ’D
PERMISSIVE INTERVENTION
1) CLAIM/DEFENSE HAS COMMON QUESTION OF LAW /FACT
2) CT PERMISSION IS REQ’D
INTERPLEADER
1 PARTY OWES SOMETHING TO 2 OR MORE PPL
STATUTORY INTERPLEADER
1) NATIONWIDE SERVICE
2) ANY 2 CLAIMANTS CAN BE DIVERSE
3) $500
4) DEPOSIT MONEY/PROPERTY W THE CT
RULE INTERPLEADER
1) COMPLETE DIVERSITY B/W CLAIMANT AND ALL OPPONENTS
2) NO NATIONWIDE SERVICE
3)75K
4) NOT REQD TO DEPOSIT MONEY
IMPLEADER
ADDING A 3RD PARTY D WHO OWES PART OR ALL OF CLAIM
CROSS CLAIM
1) COPARTY
2) SAME T/O
3) ACTUAL DAMAGE
DISCOVERABLE
1) NOT PRIVILEGED
2) RELEVANT
3) PROPORTIONAL TO NEEDS OF THE CASE
WORK PRODUCT
DISCOVERABLE WHEN
1) SUBSTANTIAL NEED
2) CANNOT OBTAIN W/O UNDUE HARDSHIP
ABSOLUTE IMMUNITY
MENTAL IMPRESSIONS
CONCLUSIONS
LEGAL OPINIONS/THEORIES
EXPERT TESTIFYING
1) MUST PROVIDE ID
2)EXPERT REPORT
EXPERT NOT TESTIFYING
DISCOVERABLE ONLY IN EXCEPTIONAL CIRCUMSTANCES
WHEN IMPRACTICAL
DEPOSITIONS
PARTY OR NON PARTY
NONPARTY-SUBPOENA
LIMIT=10
INTERROGATORIES
ONLY TO A PARTY
WRITTEN/ANSWERED IN WRITING
LIMIT=25
REQUEST TO ADMIT
WRITTEN REQUEST, CONCLUSIVELY ESTABLISHED
REQUEST TO PRODUCE
DOCUMENTS IN THE OTHER SIDES POSSESSION, CONTROL, CUSTODY
PHYSICAL/MENTAL EXAM
1) MUST BE AT ISSUE
2) CT ORDER
3) GOOD CAUSE
OBJECT TO REQUEST
INFO NOT RELEVANT
PROTECTIVE ORDER
STOP DISCOVERY FOR EMBARRASSMENT, HARASSMENT, UNDUE BURDEN
CONFERENCE OF PARTIES
1) CT MUST HAVE CONFERENCE
2) PARTIES MUST SUBMIT DISCOVERY PLAN
FINAL PRETRIAL CONFERENCE
1) CT MAY HOLD CONFERENCE
2) IF THERE IS A CONFERENCE, CT MUST ISSUE PRETRIAL ORDER
3)ONLY MODIFIED TO PREVENT MANIFEST INJUSTICE
TEMPORARY RESTRAINING ORDER
1) NO NOTICE
2) IMMEDIATE IRREPARABLE HARM
3) EXPIRES IN NO MORE THAN 14 DAYS
PRELIMINARY INJUNCTION
1) NOTICE AND HEARING REQ’D
2) IRREPARABLE HARM
RIGHT TO JURY TRIAL-7TH AMENDMENT
ATLEAST 6 JURORS UNLESS STIPULATED
UNANIMOUS VERDICT UNLESS STIPULATED
DEMAND FOR JURY
MADE WITHIN 14DAYS AFTER SERVICE OF THE LAST PLEADING
ACTION IN EQUITY
NO RIGHT (TO JURY) FOR ACTIONS BASED IN EQUITY
LAW & EQUITY
LEGAL ISSUE IS TRIED BY JURY FIRST
EQUITABLE CLAIM IS SETTLED BY JUDGE
WITHDRAWING A DEMAND
DEMAND MAY BE WITHDRAWN IF ALL PARTIES CONSENT
STATE TRIALS
NO RIGHT TO A JURY IN STATE TRIALS
NUMBER OF JURORS VARIES BY STATE
VERDICT DOES NOT NEED TO BE UNANIMOUS
JUDGES ROLE NO JURY/WAIVED RIGHT
ACT AS FINDER OF FACT
STATES FINDINGS AND CONCLUSIONS
MINI TRIAL TO DISPOSE OF THE CASE
JURY SELECTION
2 WAYS TO DISMISS A JUROR
DISMISS FOR CAUSE
JUROR SHOWS ANY BIAS/CONNECTION TO CASE
NO LIMIT
PEREMPTORY CHALLENGE
DISMISSAL FOR ANY REASON
EACH PARTY HAS 3
CANNOT DISMISS FOR RACE/GENDER
BALANCED POOL OF JURORS
JURY POOL MUST BE REPRESENTATIVE OF OVERALL COMMUNITY
JURY INSTRUCTIONS
MUST OBJECT BEFORE JURY RETIRES
OR WAIVED FOR APPEAL
JURY DELIBERATION
ALLOWED: PAPERS, EXHIBITS, AND NOTES
NOT ALLOWED: ANYTHING NOT IN EVIDENCE
JUROR CONDUCT
CANNOT CONDUCT EXPERIMENTS OR STUDIES OUTSIDE JURY ROOM
CANNOT TALK TO NON JURORS ABOUT TRIAL
MISCONDUCT/POSSIBLE NEW TRIAL
PREJUDICIAL INFO
NEW TRIAL CAN BE ORDERED FOR OUTSIDE INFO
VERDICT WILL NOT BE SET ASIDE FOR INSIDE JUROR PREJUDICE
NEW TRIAL FOR POST TRIAL BIAS
JUROR FAILED TO HONESTLY ANSWER A MATERIAL Q
A CORRECT ANSWER WOULD HAVE LED TO A VALID CHALLENGE
12(B) MOTION
D ATTACKING THE COMPLAINT
LACK OF SMJ
CAN BE RAISED ANYTIME
WAIVED IF NOT INCLUDED IN ANSWER/ 12(B) MOTION
1) LACK OF PERSONAL JX
2) IMPROPER VENUE
3) INSUFFICIENT SERVICE OF PROCESS
FAILURE TO JOIN A PARTY
MAY BE RAISED BEFORE OR AT TRIAL
FAILURE TO STATE A CLAIM
EVEN IF THE FACTS ARE TRUE THERE IS NO RECOVERY
INSUFFICIENT FACTS
DISMISSAL W PREJUDICE
MAY BE RAISED B4 OR AT TRIAL
MOTION TO STRIKE
B4 RESPONDING TO A PLEADING
WITHIN 21 DAYS OF SERVICE
FOR REDUNDANT IMMATERIAL OR SCANDALOUS MATERIAL
MOTION FOR A MORE DEFINITIVE STATEMENT
B4 RESPONDING TO A PLEADING
PLEADING IS A VAGUE OR AMBIGUOUS
MOTION FOR SMJ
NO GENUINE DISPUTE OF MATERIAL FACT
FILED UNTIL 30 DAYS AFTER DISCOVERY CLOSE
DENIAL NOT APPEALABLE
BURDEN ON MOVING PARTY
PARTIAL JUDGMENT ALLOWED
JUDGMENT AS A MATTER OF LAW- DIRECTED VERDICT
RAISED BY DEFENDANT AFTER PLAINTIFFS CASE
RAISED BY EITHER PARTY AT THE CLOSE OF EVIDENCE
JMOL STANDARD
A REASONABLE JURY WOULD NOT HAVE A LEGALLY SUFFICIENT EVIDENTIARY BASIS TO FIND FOR NON MOVING
EVIDENCE VIEWED IN LIGHT MOST FAVORABLE TO NON MOVING PARTY
RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW
MUST HAVE FILED A PRIOR JMOL
FILED W/IN 28 DAYS AFTER VERDICT
JUDGE MAY OVERTURN VERDICT
MOTION FOR RELIEF FROM JUDGMENT
CLERICAL ERROR, OVERSIGHT OR MISTAKE
FRAUD OR MISCONDUCT BY THE OTHER PARTY
MOTION FOR A NEW TRIAL
1) ERROR WOULD HAVE CAUSE A DIFF OUTCOME
2) JUDGE ERRONEOUSLY ADMITTED OR EXCLUDED EVIDENCE
3) IMPROPER CONDUCT BY PARTY, WITNESS, LAWYER, OR JURY
4)VERDICT IS AGAINST CLEAR WEIGHT OF THE EVIDENCE
REMITTITUR
NEW TRIAL FOR EXCESSIVE DAMAGES
UNLESS THE PARTY AGREES TO REDUCTION OF AWARD
ADDITUR
NO ADDITUR IN FED CT
NEWLY DISCOVERED EVIDENCE
1) EVIDENCE WAS DISCOVERED AFTER TRIAL
2) PARTY WAS REASONABLY DILIGENT IN SEARCHING BEFORE/DURING TRIAL
3) EVIDENCE WAS MATERIAL
DEFAULT JUDGMENT
ONE PARTY FAILS TO PLEAD OR DEFEND
COURT ENTERS DEFAULT JUDGMENT
VOLUNTARY DISMISSAL
P VOLUNTARILY DISMISSES
B4 D ANSWER/SUMMARY JUDGMENT
FIRST TIME W/O PREJUDICE
INVOLUNTARY DISMISSAL
CT DISMISSES THE CASE
INVOLUNTARY DISMISSAL- USUALLY W PREJUDICE
1) FAILURE TO STATE A CLAIM
2) FAILURE TO OBEY CT ORDER
3)FAILURE TO PROSECUTE
INVOLUNTARY DISMISSAL- W/O PREJUDICE
1) LACK OF JX
2) VENUE
3) FAILURE TO JOIN INDISPENSABLE PARTY
JUDICIAL BIAS- CHALLENGE FOR CAUSE
THE APPEARANCE OF BIAS
PARTIES CAN WAIVE
JUDICIAL BIAS- GROUNDS FOR RECUSAL
JUDGE MUST RECUSE HIMSELF AND PARTIES CANNOT WAIVE IF:
1) PERSONAL KNOWLEDGE OF FACTS
2) ACTED AS LAWYER W ONE OF THE OTHER LAWYERS
3) EXPRESSED AN OPINION ON MERITS WHILE IN GOV EMPLOYMENT
4) FINANCIAL INTEREST IN SUBJECT MATTER/PARTY
5) VIOLATES DUE PROCESS RIGHTS
RES JUDICATA/CLAIM PRECLUSION
1) SAME PARTIES OR PRIVITY
2) SAME TRANSACTION OR OCCURRENCE
3) JUDGMENT ON THE MERITS
RES JUDICATA/CLAIM PRECLUSION- MERGER
PLAINTIFF WINS CASE
CLAIM MERGES INTO JUDGMENT
CANNOT SUE ON SAME CAUSE OF ACTION
RES JUDICATA- BAR
PLAINTIFF LOSES CASE
BARRED FROM SUING ON SAME CAUSE OF ACTION
PLAINTIFF CANNOT ___ A CLAIM
SPLIT
RES JUDICATA DOES NOT APPLY TO
1) DISMISSAL FOR LACK OF JX
2) DISMISSAL FOR IMPROPER VENUE
3) SETTLEMENT (UNLESS AFTER SETTLEMENT, CASE IS DISMISSED WITH PREJUDICE)
CHANGE OF LAW
ONCE THERE IS A FINAL JUDGMENT - YOU CANNOT BRING SUIT AGAIN
PRIVITY
LEGAL OR SPECIAL RELATIONSHIP
RES JUDICATA APPLIES
COLLATERAL ESTOPPEL DOES NOT APPLY WHEN
1) SETTLEMENT
2) DEFAULT JUDGMENT
COLLATERAL ESTOPPEL/ISSUE PRECLUSION
1) SAME ISSUE
2) FINAL JUDGMENT
3) ISSUE NECESSARY TO JUDGMENT
COLLATERAL ESTOPPEL TYPICALLY HAS ___
THREE PARTIES
DEFENDANT CANNOT USE ____ TO PREVENT NEW PLAINTIFF FROM BRINGING SUIT
COLLATERAL ESTOPPEL
DEFENSIVE USE OF COLLATERAL ESTOPPEL
SAME P, NEW D
NEW D CAN USE COLLATERAL ESTOPPEL AS A DEFENSE
OFFENSIVE USE OF COLLATERAL ESTOPPEL
NEW P, SAME D
NEW P CANNOT USE COLLATERAL ESTOPPEL AGAINST SAME D
APPLICABLE PRECLUSION RULE- DIVERSITY CASES
FIRST CASE IN FED CT, APPLY FEDERAL PRECLUSION RULE
FIRST CASE IN STATE CT, APPLY THE 1ST JX’S PRECLUSION RULE
FULL FAITH N CREDIT
ONE STATE MUST RESPECT THE OTHERS JUDGMENTS
NOTICE OF APPEAL
FILED W/IN 30 DAYS OF JUDGMENT
GROUNDS FOR APPEAL
1) OBJECTIONS MADE AT TRIAL
2) MUST STATE GROUNDS
3) WAIVED IF NOT PRESERVED
APPELLATE CT
GENERALLY REVIEWS ISSUES OF LAWS
DEFERENCE TO TRIAL COURT FOR FACTS
APPEALING ERRORS
OUTCOME WOULD HAVE BEEN DIFFERENT
NO APPEAL IF ERROR WAS HARMLESS
ONLY ___ JUDGMENTS MAY BE APPEALED
FINAL
INTERLOCUTORY ORDER
ORDER GIVEN BEFORE FINAL JUDGMENT
GENERALLY NOT APPEALABLE
COLLATERAL ORDER EXCEPTION
1) CONCLUSIVELY DETERMINES DISPUTED QUESTION
2)RESOLVES IMPORTANT ISSUE SEPARATE FROM MERITS
3) DELAY WOULD CAUSE IRREPARABLE DAMAGE
APPEALABLE
NOT APPEALABLE
LACK OF JX
IMPROPER VENUE
FAILURE TO JOIN AN INDISPENSABLE PARTY
MULTIPLE CLAIMS
ONE RESOLVED CLAIM IS NOT A FINAL JUDGMENT
UNLESSSS THE CT FINDS NO REASON TO DELAY
DENIAL OF SMJ
NOT APPEALABLE UNTIL AFTER TRIAL
ORDER FOR NEW TRIAL
NOT APPEALABLE
PARTIAL FINAL JUDGMENT
NOT PREFERRED TO AVOID PIECEMEAL APPEALS
APPEALABLE
GRANT/DENIAL INJUNCTION
CERTIFICATION/DENIAL OF CLASS ACTION
STANDARD OF REVIEW- DE NOVO
ISSUES OF LAW
STANDARD OF REVIEW- ABUSE OF DISCRETION
CT ERRORS, RELEVANCY, PREJUDICE, ADMISSIBILITY
STANDARD OF REVIEW- CLEARLY ERRONEOUS
ISSUES OF FACT
ERIE DOCTRINE
CHOICE OF LAW
APPLIES TO DIVERSITY CASES
FEDERAL V STATE LAW
APPLY STATE SUBSTANTIVE LAW
APPLY FEDERAL PROCEDURAL LAW
VENUE
PROCEDURAL ISSUE
FED LAW
STATUTE OF LIMITATIONS
SUBSTANTIVE ISSUE
STATE LAW
STATE A V STATE B
APPLY THE LAW OF THE STATE WHERE THE FED CT SITS
TEMPORARY RESTRAINING ORDER
1) NO PRIOR NOTICE
2) IMMEDIATE IRREPARABLE HARM
3) NO LONGER THAN 14 DAYS
PRELIMINARY INJUNCTION
1) REQS NOTICE AND HEARING
2) IRREPARABLE INJURY
3) LIKELY TO SUCCEED ON THE MERITS
4) HARM TO MOVING PARTY OUTWEIGHS HARM TO OTHER PARTY
