Civ Pro

Question 1

renewed JMOL

Answer 1

a judgment as a matter of law must’ve been made at some point during the trial

limited to grounds raised in initial JMOL

Question 2

renewed JMOL

Answer 2

28 days after judgement

Question 3

renewed JMOL motion granting

Answer 3

court must find that a reasonable jury would not have a legally sufficient basis to find for the party on the issue

light most favorable to the nonmoving party

Question 4

new trial

Answer 4

must be because of some serious error that occurred during the trial

jury: verdict is a clear miscarriage of justice

Question 5

amount in controversy for diversity

Answer 5

must be alleged in good faith in the plaintiffs complaint

Question 6

transfer venue

Answer 6

court must determine whether venue has been properly laid and basis for transfer

under eire- venue is strictly procedural matter

Question 7

forum selection clauses

Answer 7

federal law generally allow

Question 8

proper venue from removal

Answer 8

when a case is removed from state court to federal court, venue is set in the federal district court that embraces the state court in which the action was pending

Question 9

transfer of venue

Answer 9

when venue proper- court in interest of justice may transfer for convenience of the parties to another venue in which action might have been brought

Question 10

valid forum selection clause

Answer 10

generally should transfer case to the forum specified

UNLESS public interest factors
I. what law applies
ii. what community should be burdened with jury
iii. desire to keep local action local

Question 11

venue is proper

Answer 11

in judicial district where any defendant resides, if all reside n same state or where a substantial part of the acts or omissions in the case occurred

Question 12

law applied in transfer

Answer 12

transfer solely on convenience grounds carries to the trasnferee court and originally applicable law applies

UNLESS based on forum selection clause - then law of trasnferee court is applied rather than the law of the transferor court

Question 13

mutuality rule

Answer 13

judgment cannot be used against person who was not a party, and cannot take advantage

Question 14

exception to mutuality rule

Answer 14

nonparty may rely on prior judgement if 
I. issue identical
ii. final judgment on the merits
iii. fair opportunity to be heard
iv. not unfair or inequitable

Question 15

final order-

Answer 15

one that disposes of an entire care by rendering final judgement

Question 16

collateral order

Answer 16

when a claim or issue is separable from and collateral to the main suit - it is too important to deny appellate review

Question 17

mandamu

Answer 17

Plaintiff must show:

i. no other adequate means to obtain relief
ii. trail court serious abuse of power that must be immediately corrected

Question 18

permissive joinder

Answer 18

plaintiffs can join claims where

(1) same occurrence or transactions AND
ii. question of fact or law common to all parties

defendants:
I. claim is made against each defendant relatein to and arising out of same transaction or occurrence and question of fact or law common t all parties

Question 19

supplemental jurisdiction

Answer 19

two claims derive from a common fact and it would be expected that the plaintiff try them all in one proceeding

discretionary and can decline for novel issues of state law, state law outweighs fed law, etc.

Question 20

TRO

Answer 20

granted to prevent irreparable injury

must show that if TRO not granted now it will suffer irreparable injury before trial on the merits can be held and injury greatly outweighs any harm caused to retrained party if the TRO was improperly granted AND liley to scceed on merits of underlying case

Question 21

notice requiement for TRO

Answer 21

typicaly required UNLESS moving party can show it reasonably attempted to give other party notice or why it shouldn’t be required

Question 22

preliminary injunction

Answer 22

I. irreparable injury before trial can be held

2. injury greatly outwieghts any harm
3. likleyhood of success

CANNOT be issued exparte - remains in effect throughout pendency of litigation

Question 23

mandatory injunction

Answer 23

court orders a party to perform an act

same factors

Question 24

PJ

Answer 24

must have general (home state) or specific

specific requires - sufficient contract with the forum that exercise of personal jurisdiction over him would be fair and reasonable

Question 25

determining joined

Answer 25

i. whether the party should be joined
ii. if yes, whether feasible to join;
iii. if yes to both, whether party must be joined

Question 26

I. whether party hsould be joind

Answer 26

i. complete relief can not be given to existing parties in his absence
ii. disposition in the party’s absence may impair the absent party’s ability to protect her interest in the controversy
iii. the party absence would expose existing parties to substantial risk of double or inconsistent obligations

Question 27

ii. feasible to join

Answer 27

will thye destroy venue or jurisdiction

Question 28

iii. must they be joined

Answer 28

dissmiss or whether it can proceed looking at:
prejudice to all parties,
whether judgement can avoid prejudice;
whether judgment will be adequate;
whether plaintiff will be deprived of adequate remedy

Question 29

process

Answer 29

i. personally
ii. leaving process a D abode with one of suitable age and discretion residing therein
iii. service authorized agent
iv. state law

Question 30

cross claims

Answer 30

same transaction or occurrence as main action

Question 31

supplemental juris

Answer 31

claim arises from a common nucleus of operative facts as the underlying claim

• claims arise from same transaction or occurrence- some say its broader than that