Civ Pro

Question 1

Proper Venue

Answer 1

A civil action may be brought

1. where any DEFENDANT RESIDES, if all defendants reside in the same state
2. where a substantial part of the EVENTS or omissions giving rise to the claim occurred or a substantial party of the property that is subject of the action is situation; or
3. any defendant is subject to PERSONAL JURISDICTION with respect to the action, but only if there is not discctirc that satisfies 1 or 2.

Question 2

Venue Transfer

Answer 2

Venue may be transferred based on

1) IMPROPER venue; or
* then tx to venue where case could have been brought

2) the interest of JUSTICE, for the convenience of the parties and witnesses; or
* the venue is PROPER BUT all parties consent to moving it to another district or
* where it mights have been brought

Question 3

Discovery

Answer 3

1. a party may seek to obtain any NONPRIVILEGED MATTER that is RELEVANT to any claim or defense.
2. proposed discovery should be PROPORTIONAL with the needs of the case
3. Information is not required to be ADMISSIBLE, merely relevant

Question 4

Subpoena of Third Parties

Answer 4

Request via subpoena includes a declaration that

1. explains why records are relevant to the action and
2. request for such records
   * failure to comply results in a charge on contempt

Question 5

Physical Examination

Answer 5

An indépendant medical exam may be requested when a party’s physical or mental condition is in controversy.

Requesting party must make a

1) FORMAL REQUEST
2) with facts that show GOOD CAUSE as to RELEVANCE
3) and NECESSITY to the case

Question 6

Personal Jurisdiction

Answer 6

1. The ability of the court to exercise power over a defendant
2. Based on where defendant is
   a) Domiciled
   b) presence in the state when served; or
   c) consent

Question 7

Subject Matter Jurisdiction

Answer 7

1. Refers to Federal court’s ability to hear a case
2. Lack of SMJ can be RAISED at ANY TIME, it is never waived
3. Can be asserted by
   a) Federal question : plaintiff’s well-pleaded complaint sets forth a cause of action arising under federal law
   b) Diversity
4. If a claim doesn’t meet SMJ requirements, it may be heard under the court’s supplemental jurisdiction

Question 8

Diversity Jurisdiction

Answer 8

1. Requires complete diversity of citizenship between plaintiff and ALL defendants; (also include alienage cases between US citizen and citizen of a foreign country)
2. and amount if controversy >$75k
   
   • can be aggregated of claims

Question 9

Domicile

Answer 9

1. permanent home where they intend to return
2. corporation is where they are incorporated and their principal place of business (where the high level officers direct corporations activities)

Question 10

Supplemental Jurisidiction

Answer 10

Claims that arise out of a common nucleus of operative fact the court may exercise supplemental jursidiction over if the amount in controversy is not met.

Supplemental jurisdiction cannot be used to override diversity of residence requirements.

Question 11

Long Arm Statute

Answer 11

If no PJ is found, a long arm statute will exert PJ over a defendant if exertion would be constitutional according to a purposeful availment analysis.

Question 12

Personal Jurisdiction through Purposeful availment

Answer 12

Anaylsis to determine whether PJ can constitutionally be exerted over a defendant

1. CONTACT
   a. PURPOSEFUL AVAILMENT to conducting. avitivites in the forum state that warrants the benefits and protections of that state
   b. FORESEEABILITY foreseeable that defendant could be brought to court as a result of contacts with the forum state
2. RELATEDNESS
   b. cause of action has arisen from these contacts
3. FAIRNESS
   a. convenience to defendant, states interest

Question 13

Personal Jurisdiction through General Jurisdiction

Answer 13

1. exists when defendant is “at home” in the jurisdiction
2. corporation has its principal place of business or is incorporated there
3. cause of action does not need to be related to the contacts

Question 14

Res Judicata/ Claim Preclusion

Answer 14

Bars a litigant in a prior action from bringing the same cause of action again

1) the earlier judgment is a valid, FINAL judgment on the MERITS
2) the cases involve the same parties, defendant and plaintiff
3) it is the same cause of action or claim
* under CA’s primary rights doctrine, a cause of action cannot be split into multiple causes of action if arising from the same invasion of a SINGLE PRIMARY RIGHT
4) the cause of action was ACTUALLY LITIGATED or COULD have been litigated

Question 15

Issue Preclusion

Answer 15

Estops a party in a prior case from relitigating an issue that was resolved in that case

1) the first case ended in a VALID, FINAL judgment on the MERITS
2) the issue was actually LITIGATED
3) the issue was ESSENTIAL to prior litigation
* added analysis of whether the issues are identical and
* whether it is fair or inequitable to allow a nonparty yo assert collateral estoppel

Question 16

Eerie Doctrine

Answer 16

A federal court will apply federal procedural law and state substantive law.

Question 17

Removal

Answer 17

1) A case may be removed to federal court if it could have originally been filed in federal court under diversity or federal question.
2) Must be within 30 days of finding out it was removable
3) If under diversity cant be more than 1 YEAR after filing
4) all defendant must join in removal

Question 18

Remand

Answer 18

May occur when a case was initially remove to federal court, but later found it was improperly removed.

Question 19

JMOL

Answer 19

A judge may grant an judgment as a matter of law when

1) the evidence, viewed in the light most favorable to the party against whom the verdict would be directed,
2) is such that a reasonble juror could only come to one conclusion

Question 20

Motion to Compel Deposition Questions

Answer 20

1) Whether the answer is RELEVANT to pending litigation and

2) whether an answer would force the deponent to disclose PRIVILEGED information

Question 21

Relating Back to Amend Complaint

Answer 21

1) must come from the same CONDUCT, TRANSACTION or OCCURRENCE as the original complaint
2) with 90 days of filing or additional time may be granted to the court on the showing of good cause

Question 22

Adding a new defendant

Answer 22

1) must have received NOTICE of the action such that he would not be PREJUDICED
2) KNOWS or SHOULD have know it was coming, but for a mistake of identifying the party