Civ Pro

Question 1

Federal Question Jurisdiction

Answer 1

Federal issue must be presented in P’s well-plead complaint. Federal defense not sufficient

Question 2

Diversity Jurisdiction

Answer 2

Compete diversity + Amount in Controversy (Over $75k, injunctive relief can be assigned $ value, multiple Ds—can aggregate $ amounts if jointly liable)

Question 3

Supplemental Jurisdiction

Answer 3

Court may exercise SJ over additional claims so long as they arise out of common nucleus of operative fact as original claim.

Federal Question: (1) P can bring state law claims related to federal claim; (2) Additional P can bring state law claim against D if related to OG P’s federal claim; (3) D can bring cross-claim against another D, so long as claim is related to OG P’s federal claim.

Diversity: (1) P can bring any state law claim related to basis of OG claim; (2) Additional P can bring related state law claim against D so long as P doesn’t destroy diversity; (3) D can bring cross-claim against another D so long as it’s related to OG claim

Rejection: Courts have discretion to reject if: (a) claims complex or predominate lawsuit; (b) fed law claims are dismissed; or (c) any other compelling reasons to decline.

Question 4

Removal

Answer 4

D may remove so long as fed court can exercise SMJ over case. Additional factors: DJ—no Ds can be citizens of state in which claim was original filed; motion for removal must be filed w/in 30 days of receiving complaint; all Ds must join or consent

Question 5

Long-Arm Jurisdiction

Answer 5

Typically looking at Due process. Due Process requires:

Minimum contacts: (1) purposeful availment; (2) Relatedness  (a) Specific Jurisdiction (action arises out of D’s conduct); (b) General Jurisdiction (D is essentially “at home” in jurisdiction.

Fairness: Interest of forum state in adjudicating matter; Burden on D of appearing in case; Interest of judicial system in efficient resolution; and shared interests of states in promoting common social policies.

Question 6

Venue

Answer 6

Ask: Which federal district can original action be filed in? (1) district any D resides if all Ds reside in state where district is located; (2) where a substantial part of events or omissions occurred, or where the property is situated; or (3) if neither above apply, venue is proper in judicial district where any D is subject to PJ

Question 7

Transfer Analysis (4 questions)

Answer 7

(1) Is there PJ? (2) Is the SMJ? (3) Is venue appropriate in new district? (4) Is transfer to new venue in interest of justice?

Question 8

Erie

Answer 8

1. Federal Question: Federal substantive and procedural law controls
2. Diversity: State substantive law and Federal procedural law controls.
3. State Substantive Law: calculation of damages, SoL, evidentiary privileges

Question 9

Temporary Restraining Order

Answer 9

Temporary restraining order—party seeks to maintain status quo prior to preliminary injunction hearing.
Must show: (1) immediate and irreparable injury would occur absent TRO; and (2) an effort was made to give OP notice. Court may grant w/o opposing party present. Lasts for 14 days

Question 10

Preliminary Injunction (4 elements)

Answer 10

Requires notice to OP and hearing. P must show: (1) likely to succeed on the merits; (2) likely to suffer irreparable harm in absence of injunction; (3) Balancing the equities favors granting; and (4) injunction is in best public interest.

Question 11

Complaint

Answer 11

Requirements: (1) short and plain statement of court’s SMJ; (2) short and plain statement showing claimant is entitled to relief; and (3) claim for relief sought by pleader.

Question 12

Rule 12

Answer 12

Rule 12(b) Motion to dismiss—lack of SMJ, lack of PJ, improper venue

Lack of SMJ—can be raised at any time, even on appeal
Lack of PJ, improper venue, and insufficient process—must be raised at first opportunity. Failure to do so will waive the defense
Failure to state a claim or join a necessary party under Rule 19—may be raised in any pleading, in a motion for judgement on the pleadings, or at trial

Question 13

Rule 15

Amending the Pleading

Answer 13

P may amend pleading once as matter of right w/in 21 days after service on D. Otherwise, need leave of court or written consent from OP

Question 14

Adding a Claim

Answer 14

Permitted if OG complaint was timely; and new claim arises out of same transaction or occurrence as original claims

Question 15

Adding Defendants

Answer 15

Permitted if claim arose out of same conduct, transaction, or occurrence; new D received notice of action w/in 90 days of OG complaint; and new D knew or should’ve known that but-for mistake, they would’ve been part of the OG complaint.

Question 16

Rule 19

Joinder Requirements

Answer 16

Compulsory Joinder of Parties requires—(1) party is necessary; (2) PJ exists over new party; and (3) SMJ. If adding party would ruin diversity, court must decide whether party is indispensable (dismiss case) or not (proceed w/o party)

Question 17

Necessary Party (3 Triggers)

Answer 17

Court can’t afford complete relief w/o party; danger party would be harmed w/o joining; or risk of inconsistent judgment or double liability

Question 18

Indispensable Party (4 elements)

Answer 18

(1) extent judgment would prejudice parties in person’s absence; (2) extent prejudice could be reduced/avoided by protective provisions; (3) whether judgment rendered would be adequate; and (4) whether P would have adequate remedy if action dismissed for nonjoinder

Question 19

Cross-claims

Answer 19

Can bring so long as it arises out of same transaction or occurrence as P’s OG claim. Must have SMJ over cross-claim

Question 20

Impleader

Answer 20

D tries to pull T into lawsuit. Impleaded claim must related to OG claim btwn P and D. Must have SMJ.

Question 21

Intervention: As of Right and Permissive

Answer 21

As of Right—(1) Nonparty has interest in SM of action; (2) Action may affect their interest; and (3) Nonparty’s interest is not adequately represented by existing parties

Permissive: (1) Nonparty granted conditional right under federal statute; or (2) they have a claim or defense related to OG cause of action

Question 22

Scope of Discovery

Answer 22

Nonprivileged matter that’s relevant. Court has discretion to limit if unduly expensive or burdensome. Doesn’t need to be admissible evidence.

Question 23

Work Product

Answer 23

Protects materials prepared by party in anticipation of litigation unless (1) info not reasonably available by other means and (2) party would be substantially prejudiced if not allowed to access materials

Question 24

Expert Reports

Answer 24

If not called as a witness then reports are only accessible in exceptional circumstances. If they are, then reports are subject to discovery.

Question 25

Duty to Preserve Electronically Stored Information

Answer 25

Have to preserve ESI (Electronically Stored Info) if litigation is anticipated. Failure to take reasonable steps can subject party to sanctions. May presume lost info unfavorable to party that failed to preserve it. May also dismiss case or enter default judgment

Question 26

Depositions

Answer 26

To depose nonparty, must serve subpoena. To request nonparty to documents then must serve subpoena duces tecum.

Question 27

Summary Judgement

Answer 27

Asserts no genuine dispute as to any material fact and party is entitled to judgement as a matter of law. If there are conflicting facts, then genuine dispute, so long as it’s material SJ is inappropriate.

Question 28

Right to Jury Trial

Answer 28

7A—right to jury when damages exceed $20. Must demand w/in 14 days after service of last pleading

Question 29

Judgement as a Matter of Law (JMOL

Answer 29

Can be made by either party at close of P’s evidence or close of all evidence. Granted if no reasonable person could differ as to outcome.

Question 30

Renewed JMOL

Answer 30

JMOL is denied and issue goes to jury. Jury deliberates and delivers verdict. Renewed JMOL asks court to override jury’s verdict. Have to make JMOL before.

Question 31

Appeals

Answer 31

Generally must be final judgment. Interlocutory appeal allowed after denial or grant of injunction.

Question 32

Claim Preclusion

Answer 32

3 requirements: (1) Same P and same D from first lawsuit; (2) first lawsuit ended in valid final judgement on the merits; and (3) Claimant is asserting same claim as in Lawsuit 1.

Question 33

Issue Preclusion

Answer 33

4 requirements: (1) Same issue actually litigated; (2) final valid judgment on the merits; (3) issue essential to judgment; and (4) party against whom IP is asserted must’ve been a party in prior lawsuit or represented in that lawsuit—must be fair for new P to assert same issue.