Civ Pro

Question 1

Minimal Diversity

Answer 1

1. Statutory interpleader
2. Large class actions + > 5mil
3. Interstate mass torts

Question 2

Corporate citizenship

Answer 2

1. Incorporation state

2. Nerve center

Question 3

Unincorporated associations citizenship

Answer 3

citizenship of every member

Question 4

Amount in controversy exceptions

Answer 4

1. Aggregation of claims between P & D
2. Aggregation between many Ps and 1 D re: same right
3. 1 P w/ claim > 75k & smaller claims of other Ps stemming from same T&O

Question 5

Supplemental JX (federal Q)

Answer 5

OK if CNOF

Question 6

Supplemental JX (diversity)

Answer 6

1. Compulsory counterclaims (same T&O)
2. X-claims + CNOF
3. Permissive P joinder + CNOF + regardless of amount in controversy

Question 7

Supplemental Jx (diversity exclusions)

Answer 7

1. Ps vs Interpleaded 3rd-party D
2. Ps v. Ds joined as necessary parties (R. 19)
3. Claims by P intervenor
4. Claims by involuntarily joined Ps (R. 19)

Question 8

Removal General Rule

Answer 8

Proper only if case could have originally initiated in that federal court

• Only Ds can remove

Question 9

Constitutional Req for PJx

Answer 9

Minimum contacts btw D and forum state such that jx over the person comports w/ traditional notions of fair play and justice

*Key is purposeful availment

Question 10

Waiver of PJx

Answer 10

Waived if not filed at first opportunity:

1. Motion to dismiss, or
2. Answer

Question 11

Special Federal Jx rules

Answer 11

1. Law authorizing nationwide service of process

2. Bulge provision w/r/t impleaded 3rd party D + necessary parties

Question 12

General in personam jx

Answer 12

1. Presence
2. Domicile
3. Consent
4. Incorporation
5. Nerve center
6. Doing business (substantial activity)

Question 13

In rem jx

Answer 13

Any property, real/intangible, so long as physically present in the state

Question 14

Waiver of venue

Answer 14

Must be raised at 1st opportunity like PJx

1. Pre-answer motion to dismiss
2. Answer

Question 15

Proper federal venue

Answer 15

1. Ds same state –> where any D resides
2. Where the claim arose or where property is

IF NOT, then:

3. Where any D can be served

Question 16

Claim for relief

Answer 16

Not limited to complaint except for default judgments

Question 17

Special pleading

Answer 17

1. Fraud/Mistake

2. Special damages

Question 18

Motion to dismiss (claims)

Answer 18

1. Lack of SMJ
2. Lack of PJx
3. Improper Venue
4. Failure to state a claim
5. Failure to join a necessary party
6. For non conveniens

Question 19

Failure to answer complaint

Answer 19

Admission

Question 20

Amendments to pleadings

Answer 20

1. As of right w/n 21 days

2. Thereafter, by leave of court –> Freely granted

Question 21

Relate Back Amendment to add a party

Answer 21

Relates back if:
1. concerns same T&O
AND
2. Party knew/should’ve known that action should’ve been brought against them

Question 22

Permissive joinder Ps

Answer 22

1. Same T&O
2. Common question of law/fact
   * Cannot destroy diversity

Question 23

Intervention

Answer 23

1. Interest in lawsuit that will be compromised by disposition of the action
2. Common question of law/fact
3. Meet diversity jx requirements

Question 24

Statutory interpleader

Answer 24

1. Amount of 500+
2. Nationwide service
3. Venue proper where any claimant resides
4. Minimal diversity

Question 25

Compulsory Counter-Claims

Answer 25

Same T&O

*SOL not an issue

Question 26

X Claims

Answer 26

• Must arise out of same T&O

- Never compulsory

Question 27

Impleader (def)

Answer 27

Allows D to implead another D who may be liable for all/part of P’s claim

• Bulge applies
• No supplemental jx for original P against 3rd party D

Question 28

Class action reqs

Answer 28

1. Numerosity
2. Commonality
3. Typicality
4. Adequacy

Question 29

Class action diversity

Answer 29

Applies to named Ps only

Question 30

Mandatory DIsclosure

Answer 30

1. Contact info of people w/ discoverable info
2. Expert Ws
3. List of all Ws and exhibits

Question 31

Scope of discovery

Answer 31

Anything that is admissible at trial or lead to admissible things

Question 32

Atty Work Product Rule

Answer 32

Protects:

1. Docs and things
2. Prepared in anticipation of litigation
3. By or for another party or her representative

Question 33

When can you get Atty Work-Product

Answer 33

1. Showing of need
2. Cannot be obtained elsewhere

*Mental impressions never discoverable

Question 34

Own statements

Answer 34

Always discoverable

Question 35

Involuntary dismissal w/o prejudice

Answer 35

• Jx
• Venue
• Necessary party

Question 36

Summary judgment

Answer 36

No genuine dispute of a material fact . . . entitles moving party to JMOL

• affidavits
• depositions

*NOT pleadings as not verified

Question 37

Number of preemptory challenges

Answer 37

3

Question 38

Judgment as a matter of law (directed verdict)

Answer 38

Made at close of P’s case in chief –

Standard: Evidence viewed in light most favorable to the non-moving party cannot support a contrary verdict

Question 39

Renewed JMOL (JNOV)

Answer 39

Renewed JMOL after verdict

Question 40

Grounds for new trial

Answer 40

1. Error made judgment unfair
2. Newly discovered evidence
3. Prejudicial misconduct by atty
4. Excessive verdict

Question 41

Interlocutory Appeals

Answer 41

1. Injunctions

2. Affecting property

Question 42

Appeal standards of reveiw

Answer 42

1. Law –> de novo
2. Fact –>
   - Aff jury is substantial evidence
   - Aff judge unless clearly erroneous
3. Discretion –> abuse of discretoin

Question 43

Claim preclusion

Answer 43

1. Final judgments on the merits
2. Same parties or successors in interest
3. Involves same claim

Question 44

Issue preclusion

Answer 44

1. Same issue of fact in two suits
2. Issue actually and necessarily adjudicated
3. Party to be precluded must’ve been party to the first suit

Question 45

Frequently tested

Answer 45

1. Jx.
2. Pleadings
3. Discovery
4. Motions practice
5. Effect of former adjudication