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Civ Flashcards

1
Q

SMJ

A

DIVERSITY
FED Q

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2
Q

DIVERSITYMT IN CONTROVERSY

A

MUST B IN EXCESS OF 75K

CT MUST HAVE LEGAL CERTAINTY

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3
Q

ADDING CLAIMS

A

P CAN ADD CLAIMS IF ONE EXCEEDS 75K

SINGLE P CAN ADD CLAIMS AGAINST SINGLE D TO REACH 75K

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4
Q

MULTIPLE P’S VIA SUPPLEMENTAL JX

A

IF SINGLE P MEETS 75K THEN OTHER P’S CAN JOIN

CANNOT JOIN IF NO SINGLE CLAIM EXCEEDS 75K

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5
Q

CLASS ACTION AMT IN CONTROVERSY

A

ONE NAMED MEMBER MUST MEET 75K

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6
Q

DIVERSITY

A

CASE EXCEEDS 75K

COMPLETE DIVERSITY OF CITIZENSHIP

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7
Q

DIVERSITY CITIZENSHIP

A

NO P MAY BE CITIZEN OF THE SAME STATE AS ANY D

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8
Q

CITIZENSHIP-DOMICILE

A

PRESENT LOCATION AND INTENT TO STAY

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9
Q

CORP-DOMICILE

A

STATE OF INCORP
PPB

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10
Q

CANNOT JOIN A PARTY JUST TO OBTAIN

A

DIVERSITY

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11
Q

FED Q

A

1) P’S CLAIM MUST BASED ON FED LAW

2) WELL PLEADED COMPLAINT RULE:
FED ISSUE MUST BE OBVIOUS

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12
Q

FEDERAL ISSUE AS A DEFENSE IS

A

NOT A FEDERAL Q

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13
Q

FEDERAL Q CASES

A

1) ADMIRALITY
2)MARITIME
3)INTELLECTUAL PROP

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14
Q

SUPPLEMENTAL JX

A

MAY ADD CLAIMS W/O SMJ IF THEY ARISE FROM A COMMON NUCLEUS OF FACTS

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15
Q

SUPPLEMENTAL JX-DIVERSITY

A

NEW PARTY CANNOT DESTROY DIVERSITY OF CITIZENSHIP

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16
Q

SUPPLEMENTAL JX- ALLOWED

A

COMPULSORY COUNTERCLAIM

JOINDER IN COMPULSORY COUNTERCLAIM

CROSS CLAIM

IMPLEADER OF 3RD PARTY DEFENDANTS

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17
Q

SUPPLEMENTAL JX- NOT ALLOWED:

A

ORG PLAINTIFF V 3RD PARTY DEF

COMPULSORY JOINDER

JOINDER OF D’S

INTERVENTION

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18
Q

CT HAS ____ TO APPLY SUPPLEMENTAL JX

A

DISCRETION

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19
Q

PERSONAL JX

A

IN PERSONAM
ABILITY TO BRING THE INDIVIDUAL INTO CT

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20
Q

PJ GENERAL RULES

A

1) PRESENT/PERSONALLY SERVED
2)DOMICILED
3) CONSENT

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21
Q

MINIMUM CONTACTS STANDARD

A

1) SUIT DOES NOT OFFEND TRADITIONAL NOTIONS OF FAIRPLAY AND JUSTICE

2)D COULD REASONABLY ANTICIPATE LITIGATION

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22
Q

MINIMUM CONTACTS- CORPORATIONS:

A

PURPOSEFUL AVAILMENT
SYSTEMATIC AND CONTINUOUS ACTIVITES

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23
Q

QUASI IN REM JX

A

GOING AFTER PROPERTY TO SATISFY A JUDGMENT AGAINST AN INDIVIDUAL

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24
Q

IN REM JX

A

JX OVER AN OBJECT/PROPERTY

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25
Q

SERVICE OF PROCESS

A

1) ONLY IN STATE WHERE DISTRICT CT SITS OR
2) ANYWHERE ALLOWED BY LONG ARM STATUTE

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26
Q

100 MILE BULGE RULE

A

1) OUT OF STATE SERVICE ALLOWED W/IN 100 MILE RADIUS

2) ONLY FOR OUT OF STATE 3RD PARTY DEFENDANTS/INDISPENSABLE PARTIES

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27
Q

SERVICE OF PROCESS - MUST GIVE ADEQ

A

NOTICE

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28
Q

PROPER WAYS TO SERVE PROCESS

A

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

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29
Q

OUT OF STATE SERVICE OF PROCESS

A

MAIL
NEWSPAPER IF NO OTHER REASONABLE WAY

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30
Q

SERVICE OF PROCESS- CORPORATIONS

A

1) OFFICER OR DESIGNATED AGENT
2) ANYONE OF SUFFICIENTLY HIGH PLACEMENT

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31
Q

REMOVAL- DEFINITION

A

WHEN A STATE CT CASE COULD HAVE BEEN BROUGHT IN FED CT

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32
Q

WHO CAN REMOVE

A

1) ONLY D MAY REMOVE
2) ALL D’S MUST AGREE

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33
Q

REMOVAL-TIMING

A

FILED W/IN 30 DAYS OF SERVICE OF COMPLAINT

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34
Q

REMOVAL- DIVERSITY

A

1) CASE CANNOT BE REMOVED MORE THAN 1 YR AFTER START
2) D CANNOT REMOVE IF HE IS A CITIZEN OF FORUM STATE

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35
Q

REMOVAL-MULTIPLE CLAIMS

A

IF ONE CLAIM IS REMOVABLE, THEN THE ENTIRE CASE CAN BE REMOVED

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36
Q

REMAND- DEFINITION

A

P WANTS TO BRING CASE BACK TO STATE CT AFTER IMPROPER REMOVAL

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37
Q

REMAND-TIMING

A

-WITHIN 30 DAYS OF FILING NOTICE OF REMOVAL
-D HAS BURDEN TO SHOW REMOVAL WAS PROPER

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38
Q

VENUE- DEFINITION

A

THE PROPER FEDERAL DIST CT FOR THE CASE

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39
Q

PROPER VENUE

A

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

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40
Q

VENUE- CORPORATIONS

A

1) PRINCIPAL PLACE OF BUSINESS
2) ANY DISTRICT IN STATE OF INCORP

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41
Q

TRANSFER OF VENUE- PROPER VENUE:

A

1) CT MAY TRANSFER TO ANOTHER DISTRICT

2) FOR THE CONVENIENCE OF PARTIES AND INTEREST OF JUSTICE

3) LAW OF ORIGINAL VENUE WILL APPLY

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42
Q

TRANSFER OF VENUE- IMPROPER VENUE:

A

1) JUDGE MUST DISMISS OR TRANSFER IN THE INTEREST OF JUSTICE

2)TRANSFER TO ANY DISTRICT WHERE THE CASE COULD HAVE ORIGINALLY BEEN BROUGHT

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43
Q

VENUE- CONSENT

A

BOTH PARTIES MUST CONSENT

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44
Q

VENUE-DISMISSAL

A

IF THE MORE CONVENIENT FORUM IS A FOREIGN COUNTRY

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44
Q

COMPLAINT

A

FILING OF COMPLAINT COMMENCES SOL

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45
Q

SERVICE OF THE COMPLAINT WITHIN

A

90 DAYS

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46
Q

COMPLAINT ELEMENTS

A

1) STATEMENT OF JX
2) STATEMENT OF FACTS (NOT THEORY)
3) DEMAND FOR RELIEF

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47
Q

FRAUD AND SPECIAL DAMAGES MUST BE PLED W

A

SPECIFICITY

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48
Q

AMENDMENT AS OF RIGHT

A

ONCE W/IN 21 DAYS OF SERVICE OF PLEADING

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49
Q

AFTER 21 DAYS

A

NEED CTS PERMISSION TO AMEND- “WHEN JUSTICE SO REQS”

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50
Q

RELATION BACK

A

AROSE OUT OF THE SAME CONDUCT TRANSACTION OR OCCURENCE

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51
Q

REALTION BACK (FOR PARTIES)

A

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

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52
Q

RULE 11

A

ATTORNEY SIGNS TO BEST OF KNOWLEDGE INFO AND BELIEF THERE IS A BASIS FOR THE CLAIM

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53
Q

RULE 11 KEY WORDS

A

WARRANTED BY EXISTING LAW

EVIDENTIARY SUPPORT

NO IMPROPER PURPOSE

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54
Q

COUNTERCLAIM

A

D RAISES A CLAIM BACK AT THE PLAINTIFF

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55
Q

COMPULSORY COUNTERCLAIM

A

1) SAME T/O
2) SUPPLEMENTAL JX

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56
Q

PERMISSIVE COUNTERCLAIM

A

1) NOT SAME T/O
2) NEEDS INDEPENDENT JX

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57
Q

PERMISSIVE JOINDER

A

1) SINGLE T/O
2) COMMON Q’S OF LAW/FACT

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58
Q

COMPULSORY JOINDER

A

PARTY NEEDS TO BE JOINED OR UNFAIR

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59
Q

NECESSARY PARTY= IMPAIR INTEREST

A

IF CANNOT JOIN DUE TO JX- CASE MAY STILL PROCEED

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60
Q

INDISPENSABLE PARTY= PREJUDICE

A

IF CANNOT JOIN DUE TO JX; CASE MUST BE DISMISSED

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61
Q

CLASS CERTIFICATION

A

1) SIZE
2) COMMON Q
3) TYPICAL
4) REPRESENTATION/CONFLICT

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62
Q

TYPES OF CLASS ACTIONS

A

B1= IMPAIRMENT OF INTEREST
B2=INJUNCTIVE RELIEF
B3= COMMON QUESTION (THE SUPERIOR METHOD)

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63
Q

B1 & B2

A

MEMBERS MAY NOT OPT OUT

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64
Q

B3

A

MEMBERS MAY OPT OUT

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65
Q

DIVERSITY IN CLASS ACTIONS

A

1) CITIZENSHIP OF THE NAMED REPRESENTATIVE
2) ONE MEMBER MUST MEET 75K OR THE SUM OF THE CLAIMS IS 5 MIL

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66
Q

IF CERTIFICATION OF CLASS IS DENIED

A

MAY BE APPEALED

67
Q

INTERVENTION AS OF RIGHT

A

1) INTEREST IN PROPERTY/TRANSACTION
2) INTEREST IS IMPAIRED
3) NO CT PERMISSION REQ’D

68
Q

PERMISSIVE INTERVENTION

A

1) CLAIM/DEFENSE HAS COMMON QUESTION OF LAW /FACT

2) CT PERMISSION IS REQ’D

69
Q

INTERPLEADER

A

1 PARTY OWES SOMETHING TO 2 OR MORE PPL

70
Q

STATUTORY INTERPLEADER

A

1) NATIONWIDE SERVICE
2) ANY 2 CLAIMANTS CAN BE DIVERSE
3) $500
4) DEPOSIT MONEY/PROPERTY W THE CT

71
Q

RULE INTERPLEADER

A

1) COMPLETE DIVERSITY B/W CLAIMANT AND ALL OPPONENTS
2) NO NATIONWIDE SERVICE
3)75K
4) NOT REQD TO DEPOSIT MONEY

72
Q

IMPLEADER

A

ADDING A 3RD PARTY D WHO OWES PART OR ALL OF CLAIM

73
Q

CROSS CLAIM

A

1) COPARTY
2) SAME T/O
3) ACTUAL DAMAGE

74
Q

DISCOVERABLE

A

1) NOT PRIVILEGED
2) RELEVANT
3) PROPORTIONAL TO NEEDS OF THE CASE

75
Q

WORK PRODUCT
DISCOVERABLE WHEN

A

1) SUBSTANTIAL NEED
2) CANNOT OBTAIN W/O UNDUE HARDSHIP

76
Q

ABSOLUTE IMMUNITY

A

MENTAL IMPRESSIONS
CONCLUSIONS
LEGAL OPINIONS/THEORIES

77
Q

EXPERT TESTIFYING

A

1) MUST PROVIDE ID
2)EXPERT REPORT

78
Q

EXPERT NOT TESTIFYING

A

DISCOVERABLE ONLY IN EXCEPTIONAL CIRCUMSTANCES

WHEN IMPRACTICAL

79
Q

DEPOSITIONS

A

PARTY OR NON PARTY
NONPARTY-SUBPOENA
LIMIT=10

80
Q

INTERROGATORIES

A

ONLY TO A PARTY
WRITTEN/ANSWERED IN WRITING
LIMIT=25

81
Q

REQUEST TO ADMIT

A

WRITTEN REQUEST, CONCLUSIVELY ESTABLISHED

82
Q

REQUEST TO PRODUCE

A

DOCUMENTS IN THE OTHER SIDES POSSESSION, CONTROL, CUSTODY

83
Q

PHYSICAL/MENTAL EXAM

A

1) MUST BE AT ISSUE
2) CT ORDER
3) GOOD CAUSE

84
Q

OBJECT TO REQUEST

A

INFO NOT RELEVANT

85
Q

PROTECTIVE ORDER

A

STOP DISCOVERY FOR EMBARRASSMENT, HARASSMENT, UNDUE BURDEN

86
Q

CONFERENCE OF PARTIES

A

1) CT MUST HAVE CONFERENCE
2) PARTIES MUST SUBMIT DISCOVERY PLAN

87
Q

FINAL PRETRIAL CONFERENCE

A

1) CT MAY HOLD CONFERENCE
2) IF THERE IS A CONFERENCE, CT MUST ISSUE PRETRIAL ORDER
3)ONLY MODIFIED TO PREVENT MANIFEST INJUSTICE

88
Q

TEMPORARY RESTRAINING ORDER

A

1) NO NOTICE
2) IMMEDIATE IRREPARABLE HARM
3) EXPIRES IN NO MORE THAN 14 DAYS

89
Q

PRELIMINARY INJUNCTION

A

1) NOTICE AND HEARING REQ’D
2) IRREPARABLE HARM

90
Q

RIGHT TO JURY TRIAL-7TH AMENDMENT

A

ATLEAST 6 JURORS UNLESS STIPULATED

UNANIMOUS VERDICT UNLESS STIPULATED

91
Q

DEMAND FOR JURY

A

MADE WITHIN 14DAYS AFTER SERVICE OF THE LAST PLEADING

92
Q

ACTION IN EQUITY

A

NO RIGHT (TO JURY) FOR ACTIONS BASED IN EQUITY

93
Q

LAW & EQUITY

A

LEGAL ISSUE IS TRIED BY JURY FIRST

EQUITABLE CLAIM IS SETTLED BY JUDGE

94
Q

WITHDRAWING A DEMAND

A

DEMAND MAY BE WITHDRAWN IF ALL PARTIES CONSENT

95
Q

STATE TRIALS

A

NO RIGHT TO A JURY IN STATE TRIALS

NUMBER OF JURORS VARIES BY STATE

VERDICT DOES NOT NEED TO BE UNANIMOUS

96
Q

JUDGES ROLE NO JURY/WAIVED RIGHT

A

ACT AS FINDER OF FACT

STATES FINDINGS AND CONCLUSIONS

MINI TRIAL TO DISPOSE OF THE CASE

97
Q

JURY SELECTION

A

2 WAYS TO DISMISS A JUROR

98
Q

DISMISS FOR CAUSE

A

JUROR SHOWS ANY BIAS/CONNECTION TO CASE

NO LIMIT

99
Q

PEREMPTORY CHALLENGE

A

DISMISSAL FOR ANY REASON
EACH PARTY HAS 3
CANNOT DISMISS FOR RACE/GENDER

100
Q

BALANCED POOL OF JURORS

A

JURY POOL MUST BE REPRESENTATIVE OF OVERALL COMMUNITY

101
Q

JURY INSTRUCTIONS

A

MUST OBJECT BEFORE JURY RETIRES

OR WAIVED FOR APPEAL

102
Q

JURY DELIBERATION

A

ALLOWED: PAPERS, EXHIBITS, AND NOTES

NOT ALLOWED: ANYTHING NOT IN EVIDENCE

103
Q

JUROR CONDUCT

A

CANNOT CONDUCT EXPERIMENTS OR STUDIES OUTSIDE JURY ROOM

CANNOT TALK TO NON JURORS ABOUT TRIAL

MISCONDUCT/POSSIBLE NEW TRIAL

104
Q

PREJUDICIAL INFO

A

NEW TRIAL CAN BE ORDERED FOR OUTSIDE INFO

VERDICT WILL NOT BE SET ASIDE FOR INSIDE JUROR PREJUDICE

105
Q

NEW TRIAL FOR POST TRIAL BIAS

A

JUROR FAILED TO HONESTLY ANSWER A MATERIAL Q

A CORRECT ANSWER WOULD HAVE LED TO A VALID CHALLENGE

106
Q

12(B) MOTION

A

D ATTACKING THE COMPLAINT

107
Q

LACK OF SMJ

A

CAN BE RAISED ANYTIME

108
Q

WAIVED IF NOT INCLUDED IN ANSWER/ 12(B) MOTION

A

1) LACK OF PERSONAL JX
2) IMPROPER VENUE
3) INSUFFICIENT SERVICE OF PROCESS

109
Q

FAILURE TO JOIN A PARTY

A

MAY BE RAISED BEFORE OR AT TRIAL

110
Q

FAILURE TO STATE A CLAIM

A

EVEN IF THE FACTS ARE TRUE THERE IS NO RECOVERY

INSUFFICIENT FACTS

DISMISSAL W PREJUDICE

MAY BE RAISED B4 OR AT TRIAL

111
Q

MOTION TO STRIKE

A

B4 RESPONDING TO A PLEADING

WITHIN 21 DAYS OF SERVICE

FOR REDUNDANT IMMATERIAL OR SCANDALOUS MATERIAL

112
Q

MOTION FOR A MORE DEFINITIVE STATEMENT

A

B4 RESPONDING TO A PLEADING

PLEADING IS A VAGUE OR AMBIGUOUS

113
Q

MOTION FOR SMJ

A

NO GENUINE DISPUTE OF MATERIAL FACT

FILED UNTIL 30 DAYS AFTER DISCOVERY CLOSE

DENIAL NOT APPEALABLE

BURDEN ON MOVING PARTY

PARTIAL JUDGMENT ALLOWED

114
Q

JUDGMENT AS A MATTER OF LAW- DIRECTED VERDICT

A

RAISED BY DEFENDANT AFTER PLAINTIFFS CASE

RAISED BY EITHER PARTY AT THE CLOSE OF EVIDENCE

115
Q

JMOL STANDARD

A

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

116
Q

RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW

A

MUST HAVE FILED A PRIOR JMOL

FILED W/IN 28 DAYS AFTER VERDICT

JUDGE MAY OVERTURN VERDICT

117
Q

MOTION FOR RELIEF FROM JUDGMENT

A

CLERICAL ERROR, OVERSIGHT OR MISTAKE

FRAUD OR MISCONDUCT BY THE OTHER PARTY

118
Q

MOTION FOR A NEW TRIAL

A

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

119
Q

REMITTITUR

A

NEW TRIAL FOR EXCESSIVE DAMAGES

UNLESS THE PARTY AGREES TO REDUCTION OF AWARD

120
Q

ADDITUR

A

NO ADDITUR IN FED CT

121
Q

NEWLY DISCOVERED EVIDENCE

A

1) EVIDENCE WAS DISCOVERED AFTER TRIAL

2) PARTY WAS REASONABLY DILIGENT IN SEARCHING BEFORE/DURING TRIAL

3) EVIDENCE WAS MATERIAL

122
Q

DEFAULT JUDGMENT

A

ONE PARTY FAILS TO PLEAD OR DEFEND

COURT ENTERS DEFAULT JUDGMENT

123
Q

VOLUNTARY DISMISSAL

A

P VOLUNTARILY DISMISSES

B4 D ANSWER/SUMMARY JUDGMENT

FIRST TIME W/O PREJUDICE

124
Q

INVOLUNTARY DISMISSAL

A

CT DISMISSES THE CASE

125
Q

INVOLUNTARY DISMISSAL- USUALLY W PREJUDICE

A

1) FAILURE TO STATE A CLAIM
2) FAILURE TO OBEY CT ORDER
3)FAILURE TO PROSECUTE

126
Q

INVOLUNTARY DISMISSAL- W/O PREJUDICE

A

1) LACK OF JX
2) VENUE
3) FAILURE TO JOIN INDISPENSABLE PARTY

127
Q

JUDICIAL BIAS- CHALLENGE FOR CAUSE

A

THE APPEARANCE OF BIAS

PARTIES CAN WAIVE

128
Q

JUDICIAL BIAS- GROUNDS FOR RECUSAL

JUDGE MUST RECUSE HIMSELF AND PARTIES CANNOT WAIVE IF:

A

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

129
Q

RES JUDICATA/CLAIM PRECLUSION

A

1) SAME PARTIES OR PRIVITY
2) SAME TRANSACTION OR OCCURRENCE
3) JUDGMENT ON THE MERITS

130
Q

RES JUDICATA/CLAIM PRECLUSION- MERGER

A

PLAINTIFF WINS CASE

CLAIM MERGES INTO JUDGMENT

CANNOT SUE ON SAME CAUSE OF ACTION

131
Q

RES JUDICATA- BAR

A

PLAINTIFF LOSES CASE

BARRED FROM SUING ON SAME CAUSE OF ACTION

132
Q

PLAINTIFF CANNOT ___ A CLAIM

A

SPLIT

133
Q

RES JUDICATA DOES NOT APPLY TO

A

1) DISMISSAL FOR LACK OF JX
2) DISMISSAL FOR IMPROPER VENUE
3) SETTLEMENT (UNLESS AFTER SETTLEMENT, CASE IS DISMISSED WITH PREJUDICE)

134
Q

CHANGE OF LAW

A

ONCE THERE IS A FINAL JUDGMENT - YOU CANNOT BRING SUIT AGAIN

135
Q

PRIVITY

A

LEGAL OR SPECIAL RELATIONSHIP

RES JUDICATA APPLIES

136
Q

COLLATERAL ESTOPPEL DOES NOT APPLY WHEN

A

1) SETTLEMENT

2) DEFAULT JUDGMENT

137
Q

COLLATERAL ESTOPPEL/ISSUE PRECLUSION

A

1) SAME ISSUE
2) FINAL JUDGMENT
3) ISSUE NECESSARY TO JUDGMENT

138
Q

COLLATERAL ESTOPPEL TYPICALLY HAS ___

A

THREE PARTIES

139
Q

DEFENDANT CANNOT USE ____ TO PREVENT NEW PLAINTIFF FROM BRINGING SUIT

A

COLLATERAL ESTOPPEL

140
Q

DEFENSIVE USE OF COLLATERAL ESTOPPEL

A

SAME P, NEW D

NEW D CAN USE COLLATERAL ESTOPPEL AS A DEFENSE

141
Q

OFFENSIVE USE OF COLLATERAL ESTOPPEL

A

NEW P, SAME D

NEW P CANNOT USE COLLATERAL ESTOPPEL AGAINST SAME D

142
Q

APPLICABLE PRECLUSION RULE- DIVERSITY CASES

A

FIRST CASE IN FED CT, APPLY FEDERAL PRECLUSION RULE

FIRST CASE IN STATE CT, APPLY THE 1ST JX’S PRECLUSION RULE

143
Q

FULL FAITH N CREDIT

A

ONE STATE MUST RESPECT THE OTHERS JUDGMENTS

144
Q

NOTICE OF APPEAL

A

FILED W/IN 30 DAYS OF JUDGMENT

145
Q

GROUNDS FOR APPEAL

A

1) OBJECTIONS MADE AT TRIAL
2) MUST STATE GROUNDS
3) WAIVED IF NOT PRESERVED

146
Q

APPELLATE CT

A

GENERALLY REVIEWS ISSUES OF LAWS

DEFERENCE TO TRIAL COURT FOR FACTS

147
Q

APPEALING ERRORS

A

OUTCOME WOULD HAVE BEEN DIFFERENT

NO APPEAL IF ERROR WAS HARMLESS

148
Q

ONLY ___ JUDGMENTS MAY BE APPEALED

A

FINAL

149
Q

INTERLOCUTORY ORDER

A

ORDER GIVEN BEFORE FINAL JUDGMENT

GENERALLY NOT APPEALABLE

150
Q

COLLATERAL ORDER EXCEPTION

A

1) CONCLUSIVELY DETERMINES DISPUTED QUESTION

2)RESOLVES IMPORTANT ISSUE SEPARATE FROM MERITS

3) DELAY WOULD CAUSE IRREPARABLE DAMAGE

APPEALABLE

151
Q

NOT APPEALABLE

A

LACK OF JX

IMPROPER VENUE

FAILURE TO JOIN AN INDISPENSABLE PARTY

152
Q

MULTIPLE CLAIMS

A

ONE RESOLVED CLAIM IS NOT A FINAL JUDGMENT

UNLESSSS THE CT FINDS NO REASON TO DELAY

153
Q

DENIAL OF SMJ

A

NOT APPEALABLE UNTIL AFTER TRIAL

154
Q

ORDER FOR NEW TRIAL

A

NOT APPEALABLE

155
Q

PARTIAL FINAL JUDGMENT

A

NOT PREFERRED TO AVOID PIECEMEAL APPEALS

156
Q

APPEALABLE

A

GRANT/DENIAL INJUNCTION

CERTIFICATION/DENIAL OF CLASS ACTION

157
Q

STANDARD OF REVIEW- DE NOVO

A

ISSUES OF LAW

158
Q

STANDARD OF REVIEW- ABUSE OF DISCRETION

A

CT ERRORS, RELEVANCY, PREJUDICE, ADMISSIBILITY

159
Q

STANDARD OF REVIEW- CLEARLY ERRONEOUS

A

ISSUES OF FACT

160
Q

ERIE DOCTRINE

A

CHOICE OF LAW

APPLIES TO DIVERSITY CASES

161
Q

FEDERAL V STATE LAW

A

APPLY STATE SUBSTANTIVE LAW

APPLY FEDERAL PROCEDURAL LAW

162
Q

VENUE

A

PROCEDURAL ISSUE

FED LAW

163
Q

STATUTE OF LIMITATIONS

A

SUBSTANTIVE ISSUE

STATE LAW

164
Q

STATE A V STATE B

A

APPLY THE LAW OF THE STATE WHERE THE FED CT SITS

165
Q

TEMPORARY RESTRAINING ORDER

A

1) NO PRIOR NOTICE
2) IMMEDIATE IRREPARABLE HARM
3) NO LONGER THAN 14 DAYS

166
Q

PRELIMINARY INJUNCTION

A

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

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