civ pro

Question 1

PJ can be…. or …. and examples

Answer 1

general- consent, presence, domicile, allow for excercise of jdx to the same extent courts of general jdx within the state can

specific - minimum contacts - long arm statutes must comply with 14th Amendment, grants power that would not offend traditional notions of fair play and substantial justice, check purposeful availment

Question 2

Plaintiffs and Supp jdx

Answer 2

cannot add claims against nondiverse parties if sole basis for SMJ is diversity

Question 3

Summary judgement

Answer 3

Granted if there is no genuine issue as to any material fact

may be supported by depos, documents, affidavits, admissions, interogs

After moving party shws no genuine issue of material fact, burden shifts to nonmoving party to show there is a genuine issue

Question 4

TRO

Answer 4

can be issued without notice to opposing party via showing “immediate and irreperable injury” = long enough for the ct to consider and resolve a request, until cts can decide whether to issue a preliminary injunction

Question 5

preliminary injunction

Answer 5

Matter must be granted w/i 6 months absent consent or good cause

Consider:

1. irreparable harm
2. balance between this harm and harm of granting injunction,
3. probability of success
4. public interest

Question 6

A federal ct sitting in diversity must apply:

Answer 6

the choice of law approach of the state in which it sits - prevents forum shopping

Question 7

change of venue

Answer 7

ct may tansfer to any district court it could have been brought if convenience and interest of justice supports this.

If transfer for this reason, ct must apply laws of OG court including choice of law. If transfer b/c original forum was inappropriate, then transfered court applies laws of its state

Question 8

SOL

Answer 8

considered procedural - a court applies its own SOL unless claim would be barred by law of state with a more significant relationship to the parties unless provided otherwise by statute, by specific law stating otherwise

Question 9

Choice of law in K claim

Answer 9

Applies unless - no substantial relationship to Ps or transaction, and no basis for that choice, OR

application of law chosen would be contrary to fundamental policy of state which has greatest interest in an issue