Civ Pro

Question 1

Claim Preclusion

Answer 1

Final judgment, identical claims (SAME transaction), identical parties (same party or privity 👯‍♀️ not Separate 🚶‍♀️)

Question 2

TRO

Answer 2

No notice (consent or good reason), no hearing, 14 days (28 day total), irreparable harm, success on merits

describe acts to be restrained

Question 3

Default Judgment

Answer 3

Notice (if knew) + clerk (certain sum w/ affidavit)
OTHERWISE JUDGE 👩‍⚖️ CAN IF NOT CERTAIN SUM

Question 4

Joinder of Parties - Compulsory

Answer 4

No relief, multiple/inconsistent, interest harmed + (1) impairment (go forward) or (2) indispensable (no PJ/SMJ/Venue)

Question 5

Erie

Answer 5

Substantive issue (state’s choice of law/where it sits) v procedural issue (federal law/federal issue/FRCP)
Outcome Determinative (affects outcome, balanced interest, & forum shopping)
Privilege is not FRCP*

Question 6

Specific & General JXD

Answer 6

Specific (minimum contacts) + general (domicile)

Question 7

Issue Preclusion

Answer 7

Final judgment on the merits, same party (mutual) v non mutual (strangers), Same issue (actually litigated, determined, necessary)

Question 8

MSJ

Answer 8

(1) no genuine dispute of material fact, (2) moving entitled to JMOL BUT (affidavits, declarations, discovery OR Postpone for add. disc.)

Question 9

New trial (28 days)

Answer 9

Prejudice, misconduct, against evidence, excessive damages

Question 10

Choice of Law - Preclusion

Answer 10

State - apply same state’s law
Fed - apply fed law

Question 11

Disclosures

Answer 11

People, docs, $, insurance (if app.), etc.

Question 12

Removal

Answer 12

State ➡️ Fed Ct.
P Can remove, unless solely Diveristy

Question 13

Remand

Answer 13

Improper Removal

Question 14

Venue

Answer 14

ALL D’s RESIDE - then any district
Activity occurred
PJ over D

Question 15

Notice (reasonable)

Answer 15

W/in 90 days, server must be nonparty + 18 yrs. & servee must be someone of suitable age/discretion + abode
Comply w/ STATE LAWS

Question 16

Relation Back

Answer 16

New party - w/ 90 days + same trans. + party should of know but for a MISTAKE (if knew then ❌)
New claim - statue

Question 17

Cross Claim

Answer 17

Co-party seeking RELIEF + supp. Jxd.
❌ “I am not liable/it is their fault”

Question 18

Voir Dire

Answer 18

3 preemptive v for cause (as many)

Question 19

Jury instruction

Answer 19

Object before jury retired
Submit/propose before or after closing

Question 20

Dismissal

Answer 20

2nd = w/ prejudice UNLESS SMJ, venue, etc.

Question 21

JMOL

Answer 21

W/in 28 days, jury would not find for other side, in light of nonmoving party OR jury resolves if dispute/contradiction

Question 22

Relief

Answer 22

W/in 1 yr. - mistake, errors, fraud v
Issue w/ judgment
💢 void (jxd) (reasonable time)

Question 23

12b - Motions

Answer 23

(B) SMJ, failure to state a claim, failure to join a required party
Waiver - pleadings, definite statement, strike

Question 24

PJ - Traditional Basis

Answer 24

Domicile, PRESENCE*, consent (forum selection clause)

Question 25

Final Pretrial

Answer 25

30 days, trial plan (depo testimony, witnesses, and exhibits)

Question 26

Appeal

Answer 26

W/in 30 days unless injunction, collateral order, CLASS CERT./certification by DC (MAY PERMIT)
❌ motion to dismiss

Question 27

Class action (common issues of law predominate)

Answer 27

Num., Ad., Com., Typ. + DIV
Impair/Injunction Or Common Q (REASONABLE NOTICE/opt out)

Question 28

Scheduling conference

Answer 28

Expedite lit., improve quality of trial, or facilitate settlement
Modify if GOOD CAUSE or PREVENT MANIFEST INJUSTICE

Question 29

Answer/amend

Answer 29

Answer w/in 21 days & raise defense
Amend as of right (i.e., motion to dismiss) w/in 21 days