Civ Pro

Question 1

Defendant may remove so long as the federal court can exercise SMJ over the case.

In order to remove, 3 elements must be met:

Answer 1

(1) no defendants can be citizens of the state in which the claim was
originally filed

(2) Motion for removal must be filed within 30 days of receiving the complaint

(3) All defendants must join in or consent to removalve

Question 2

Fair Play and Substantial Justice Balancing Factors

Answer 2

Even after minimum contacts are established, court must balance factors to determine if exercising jurisdiction over D would comport with Fair Play and Substantial Justice

Factors include:
1. Burden on D
2. Interest of Forum State in this matter
3. Interest in Judicial System in adjudicating matters efficiently
4. Shared interests of states in promoting common social policies

Question 3

Where is venue proper?

Answer 3

Venue is proper in
1. Any district where Ds resides as long as all Ds reside in the same state;
2. where substantial part of event/omissions occurred; OR
3. where subject property is located.

Question 4

Service of Process Timing

Answer 4

90 days after complaint is filed

Question 5

Requirements for a Preliminary Injunction

Answer 5

Court may issue a preliminary injunction if:

1. P is likely to succeed on the merits;
2. P is likely to suffer irreparable harm in the absence of immediate relief (i.e., money damages would be insufficient);
3. Balance of the equities is in P’s favor;
4. Injunction is in the best interest of the public.

**If after litigation, P succeeds on the merits, court can issue a permanent injunction.

Permanent injunction continues unless dissolved by the court–any affected person can move the court to dissolve.

Question 6

Necessary Party

Answer 6

Party is deemed NECESSARY if:

1. Complete relief cannot be granted to existing parties without this person’s presence; OR
2. Disposition of this matter without this person might affect this person’s ability to protect his interest;
3. Absence of this person would leave the existing parties subject to multiple or inconsistent obligations.

Question 7

Basic requirements for Class Actions

Answer 7

1. Numerosity - so many plaintiffs that joinder of all members would be impractical
2. Commonality - questions of law or fact are common to all members of the class
3. Typicality - claims/defenses of class representatives must be typical of the class
4. Adequacy - representatives must fairly and adequately protect other class members’ interests.

Question 8

Timing for demand for a jury trial

Answer 8

14 calendar days after last pleading directed to that issue

+ party seeking jury trial must file the demand with the court within reasonable time after serving the other party with that demand.

Question 9

Timing for Motion for a new trial

Answer 9

28 days after a final judgment is entered

Question 10

Substantive Law Issues include

Answer 10

1. elements of a claim or defense;
2. burdens of proof (who bears it and by what standard)
3. statutes of limitations