Civ Pro

Question 1

Compulsory Joinder

Answer 1

A person who is subject to service of process and whose joinder will not deprive the court of subject matter jurisdicition must be joined if:

1. in the person’s absence complete relief may not be granted to the existing parties
2. adjudication of the action without the person will impair the party’s ability to protect their interest
3. adjudication without that person has the risk of bringing up multiple inconsistent outcomes.

Question 2

Final Judgement Rule

Answer 2

Court of appeals shall have jurisdiction over appeals of final decisions of the district court. A decision is final when it ends litigation on the merits and leaves nothing for the court to do but execute judgement on the merits.

Question 3

Rule 4(k)

Answer 3

A federal court may exercise jurisdiction to the same extent as the state court of general jurisdiction in the state where the district court is.

Question 4

Defensive Issue Preclusion

Answer 4

Defensive issue preclusion is the
defensive use of a prior judgement (seek to defend self by bringing up plaintiff’s prior judgement). Defendant seeks to defend self by preventing the plaintiff from relitigating an issue the plaintiff lost in a prior suit to a different party. Defensive issue preclusion is allows if the party against whom issue preclusion is asserted had a full chance to litigate the issue previously.

Question 5

Offensive Issue Preclusion

Answer 5

Offensive issue precvlusion is highly disfavored but its when the plaintiff seeks to prevent the defendant from relitigating an issue previously lost in another suit with a different party. When lookijng to see if offensive issue preclusion should be allowed, look at the following:

1. did the party against whom the prior judgements are asserted have a full and fair opportuinity to litigate (F)
2. did the party forsee multiple suits in the future (F)
3. was issue preclusion unavailable in a prior action (A) and
4. were there no inconsistent actions on record(I) (Nuemonic f-fai)

Question 6

Collateral order doctrine

Answer 6

collateral order doctrine allows review of final orders of district court judges when the order is collateral (seperate) from the merits of the lawsuit and the issue is effectively unreviewable on appeal