Civ Pro

Question 1

Personal Jurisdiction

Answer 1

A court must have personal jurisdiction to enforce a judgment against a defendant. Personal jurisdiction can be obtained under a traditional base or a state’s long arm statute.

Question 2

Traditional bases for obtaining personal jurisdiction

Answer 2

“I serve my dom with consent”

If any of the following three “traditional bases” are satisfied, the court will have personal jurisdiction over the defendant:

• (1) Service of Process: service of process on D while they are physically present in the forum state will satisfy this base UNLESS D was in the state only to answer a summons, simply passing through, or was brought there by force or fraud.
• (2) Domicile: domicile will be satisfied if D resides indefinitely in the forum state. If D is a corporation, it must be “at home” in the forum state (state of incorporation + principal place of business)
• (3) Consent: out-of-state Ds may consent to personal jurisdiction (can be express or implied by conduct)

Question 3

State’s long arm statute

Answer 3

If none of the traditional bases are satisfied, personal jurisdiction may still be obtained by using a state’s long-arm statute, which requires, via Constitutional Due Process, that minimum contacts exist between D and the forum state, such that (1) general or specific jurisdiction is present and (2) the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice.

Question 4

With regards to whether the exercise of general or specific jx offends traditional notions of fair play and substantial justice, what are the fairness factors the court considers?

Answer 4

• (1) the convenience of the parties (P’s interest in obtaining conveninet relief, location of witnesses and evidence, burden on D to travel to the forum state)
• (2) forum state’s interests in regulating activity within its borders and protecting its citizens
• (3) any other interests, including the interstate efficiency interest

Question 5

What is the mnemonic for minimum contacts analysis?

Answer 5

“My professors frequently reminded everyone from CA to study in overdrive”
* minimum contacts
* -purposeful availment of benefits and protections of the state
* -foreseeability of being haled into court
* relatedness between contact and claim
* -essentially at home
* fairness factors
* -convenience
* -state’s interests
* -other interests

Question 6

When is diversity determined?

Answer 6

Diversity must exist when the complaint is filed

Question 7

How is a corporation’s citizenship determined for purposes of diversity jx?

Answer 7

A corporation is a citizen of the state where it is incorporated AND of the state where its principle place of business is. The principle place of business is the corporation’s headquarters - where its high-level officers direct and control the corporation’s activities.

Question 8

If a federal court exerts supplemental jx over a state claim because a related federal claim is under its original jurisidiction, and P later drops the federal claim, leaving only the state claim - can the court still hear the state claim or must the case be remanded to state court?

Answer 8

The court has discretion on how to proceed. It can either hear the state claim OR remand to state court.

Question 9

If P’s claim is based on state law and they bring it to state court, can D remove it to federal court?

Answer 9

No.

Question 10

Venue

Answer 10

Venue is proper in any federal district court where:

(1) any defendant resides, as long as ALL defendants reside in the same state; OR
(2) where a substantial portion of the events giving rise to the claim occurred.

If neither of these two scenarios apply, venue is proper in any judicial district in which any defendant is subject to the court’s personal jurisdiction.

Question 11

When is removal NOT proper?

Answer 11

Removal is NOT proper when:
* P tries to do it
* Not all Ds agree to it
* D tries to remove to a federal district court in a state different from where the case was originally filed
* D files a permissive counterclaim in state court and then tries to remove
* D tries to remove after 30 days of service
* Diversity: D tries to remove when P filed suit in any D’s home state

Question 12

What does Erie hold in cases where the federal court sits in diversity jx?

Answer 12

• If substantive law issue: court must apply state substantive law of the state in which it sits on all substantive issues in a case
• If procedural issue: federal court must apply federal procedural rules

Question 13

What does Erie hold in cases where federal court exercises federal question jx?

Answer 13

federal law applies and there is no need to apply state law

Question 14

permissive joinder

Answer 14

When existing parties to a case move to join other parties as co-Ps or co-Ds in same suit because
(1) their claims arise out of the same transaction or occurrence AND
(2) there is at least one common question of law or fact

Note: NO party can be joined whose presence would destroy complete diversity

Question 15

Removal based on diversity is proper only if:

Answer 15

• There is complete diversity
• AIC exceeds $75K
• The action is brought in a state where no defendant is a citizen
• It has been less than a year since start of the action in state court

Question 16

What must an answer to a complaint include or else it’s waived?

Answer 16

An answer must include the following items or else they are waived:

• Admissions or denials for each allegation
• Motions that have not already been waived
• Affirmative defenses
• Compulsory counterclaims

Question 17

When is special pleading (with particularity) required?

Answer 17

For cases involving fraud/mistake, condition precedent, or special (unexpected) damages

Question 18

What is a temporary restraining order (TRO) and how long is it good for? What must it state? is notice required? Is it appealable?

Answer 18

• TRO maintains status quo for 14 days
• Order must state the reasons why it was issued and must detail the acts restrained
• Notice to D is not required if moving party (1) shows immediate and irreparable injury will result OR (2) describes reasonable yet unsuccessful efforts made to give notice to opposing party
• Not appealable unless it’s extended (bc then it’s given the effect of a preliminary injunction)

Question 19

What is the 4-part test for a preliminary injunction? Is notice and a hearing required? Is it appealable?

Answer 19

4-part test. Must show:
* (1) irreparable injury (aka no adequate remedy at law)
* (2) Reasonable likelihood of success on the merits
* (3) balance of hardships in moving party’s favor
* (4) injunction in the public interest
Notice and hearing are required for opposing party
Appealable

Question 20

When can an order issued by the court after a final pretrial conference be modified?

Answer 20

The order may only be modified to prevent manifest injustice

Question 21

Can a court impose rule 11 sanctions on a represented party for frivolous lawsuits?

Answer 21

No, the court can only impose sanctions on the attorney

Question 22

permissive intervention

Answer 22

When a nonparty seeks to join an existing suit. A non-party can move for permissive intervention if (1) a federal statute provides a conditional right to intervene or (2) the nonparty has a common question of law or fact between a claim/defense and the main cause of action

Question 23

How does permissive joinder differ from permissive intervention?

Answer 23

permissive joinder allows an existing party to move to join claims or parties, while permissive intervention allows a non-party to join an action

Question 24

compulsive joinder

Answer 24

joinder of a necessary (or required) party. A party is necessary if:
* The court cannot provide complete relief without the necessary party OR
* The absent party’s interest will be harmed if they are not joined (risk of prejudice) OR
* The absent party is subject to multiple inconsistent obligations

Question 25

For compulsive joinder, if the party is deemed necessary, what are the requirements that must be met in order for the party to be joined?

Answer 25

• (1) joinder will not destroy complete diversity
• (2) the court can assert personal jx over the necessary party

Question 26

For compulsive joinder, if the necessary party cannot be joined because they will destroy the court’s jx, what can the court do?

Answer 26

If necessary party can’t be join, the court decides whether to:
* Continue “in equity and in good conscience” without the necessary party (typically the case) or
* The party is deemed indispensable and the court dismisses the suit (rare)

Question 27

What’s the difference between compulsory and permissive counterclaims?

Answer 27

• Compulsory counterclaims arise out of the same transaction or occurrence as the opposing party’s claim and do NOT have to meet AIC requirement.
• Permissive counterclaims don’t arise out of same transaction or occurrence as the main claim and must independently meet diversity jx requirements in order to be heard by the court

Question 28

When does a party have a right to a jury trial? When do they not?

Answer 28

A party has a right to a jury trial for damages. They don’t have a right to a jury trial for equity issues (injunction, specific performance)

Question 29

How many jurors must there be in a federal civil suit?

Answer 29

Between 6-12. Ok for there to be less than 6 jurors if parties so stipulate

Question 30

What are the two ways parties may strike jurors during voir dire (jury selection process)?

Answer 30

• For-cause strike: presumption of bias, prejudice; relation to party. Each side has unlimited for-cause strikes
• peremptory strike/challenge: each side has 3, which can be used for any race-neutral and gender-neutral purpose

Question 31

when must a motion for summary judgment be made for it to be timely?

Answer 31

Within 30 days after the close of all discovery

Note: MSJ is a pre-trial motion, so if the fact pattern mentions a trial, it would already be a wrong answer choice

Question 32

What is a notable difference between motion for summary judgment (MSJ) and motion for judgment as a matter of law (JMOL)?

Answer 32

MSJ is made before trial while a JMOL is made during or after trial

Question 33

when is a party entitled to JMOL?

Answer 33

• The evidence, when viewed in the light most favorable to other party, cannot support a verdict for that party.
• There is insufficient evidence for a jury to reasonably find for the nonmoving party.

Question 34

when must a motion for JMOL be made for it to be timely?

Answer 34

Must be made after presentation of evidence but before the case has been submitted to the jury

Question 35

When is a party entitled to a renewed motion for judgment as a matter of law (RJMOL)?

Answer 35

Prior JMOL motion made + JMOL standard
* Party made a JMOL motion at the close of all evidence and it was denied
* Party moves for RJMOL no later than 28 days after judgment has been entered
* There is insufficient evidence for a jury to reasonably find for the nonmoving party

Question 36

Can the deadline to file a Renewed Motion for Judgment as a Matter of Law (JMOL) be extended?

Answer 36

No. It must be filed no later than 28 days after judgment has been entered

Question 37

Motions for a new trial must be filed no later than what?

Answer 37

No later than 28 days after entry of the judgment

Question 38

what are some reasons a court would grant a motion for a new trial?

Answer 38

• Errors during trail
• Newly discovered evidence
• prejudicial misconduct by lawyer, party, or juror
• Judge concludes that verdict is against the weight of the evidence, either in substance of the verdict or amount of damages awarded

Question 39

After a judgment has been entered, a party may be entitled to have the judgment voided (motion for relief from a judgment) on what grounds?

Answer 39

• Mistake, inadvertence, surprise or excusable neglect
• Newly discovered evidence that with reasonable diligence could not have been discovered in time for a new trial
• Fraud, misrepresentation, or misconduct by opposing party

Question 40

if a default judgment was entered because D stopped participating in litigation, would another P be able to bring D to court for the same issue?

Answer 40

Yes. Issue preclusion only applies to issues actually litigated and determined in a previous lawsuit. Here, issue in previous lawsuit was not litigated and default judgment was entered

Question 41

de novo

Answer 41

• appelate review for questions of law (conclusions of law, jury instructions), mixed questions of law and fact
• reverse if reasonable belief judge misinterpreted law

Question 42

lack of substantial evidence/clearly erroneous

Answer 42

• appelate review for questions of fact (credibility of witness, factual determinations/verdict)
• lack of sustantial evidence is for cases w/ jury. Reverse if no reasonable jury would have made finding
• clearly erroneous is for bench trials (just the judge). Reverse if no reasonable judge would have made finding

Question 43

Abuse of discretion

Answer 43

• appellate review for discretionary rulings (injunctions, admissibility of evidence, continuances, new trials, discovery limitations, etc)
• reverse if decision was unreasonable/arbitrary

Question 44

collateral order doctrine

Answer 44

Provides a narrow exception to the final judgment rule. Authorizes immediate appeal of collateral orders if:
* (1) the order conclusively resolves a disputed issue
* (2) issue is separate from and collateral to the merits of the main issue of the case AND
* (3) the issue would be unreviewable if parties waited for final judgment

Question 45

What is the rule re: claim preclusion and class action lawsuits?

Answer 45

each class member is generally bound by the judgment, even if they were not a named representative, unless they opted out of the lawsuit

Question 46

Abuse of discretion

Answer 46

• appellate review for discretionary rulings (injunctions, admissibility of evidence, continuances, new trials, discovery limitations, etc)
• reverse if decision was unreasonable/arbitrary