Civ Pro

Question 1

P’s claim arises from the anticipation of a federal defense

Answer 1

No Federal Question JX

Question 2

P’s claim implicates federal law

Answer 2

No Federal Q JX: such jurisidiction must be made out in P’s first complaint

Question 3

State rules of civil procedure…

Answer 3

are subordinate to federal rules of procedure. If in federal court, follow federal rules of procedure even if there is a state rule of procedure on point

Question 4

multiple P’s may NOT aggregate their claims against a single D unless:

Answer 4

they are seeking to enforce a joint right in which they have an undivided interest

Question 5

general jurisdiction is a ___ standard to meet

Answer 5

difficult

Question 6

general jurisdiction requires a D to be …

Answer 6

at home

Question 7

unilateral activity of the P will or will not be considered purposeful activity?

Answer 7

will NOT

Question 8

for personal jx internet contacts …

Answer 8

can be sufficient to create personal jurisdiction when they are purposeful and the claim arises from those contacts

Question 9

when a D waives service of process …

Answer 9

he is allowed additional time (60 days from date P mailed the summons) to respond to the complaint

Question 10

additional time for a D that waived service of process begins

Answer 10

from the date the waiver of process was sent by the P

Question 11

Ex parte TRO – a TRO may be granted by a court when it necessary to prevent irreparable and immediate harm without notice of the hearing IF moving party–>

Answer 11

1. gives specific facts in affidavit or complaint to establish immediate and irreparable injury before adverse party can be heard
2. certifies in writing all efforts it made to give notice to adverse party and why notice should not be required
3. provides some security to pay for any costs and damages incurred by adverse party if its wrongfully restrained

Question 12

if a jx does not recognize contribution among joint tortfeasors can a D bring in a third party claim stating the 3rd party is liable in some way?

Answer 12

No

Question 13

what must a motion to compel discovery certify if it wishes to be awarded reasonable expenses?

Answer 13

that the moving party has made a good faith attempt to confer with the opponent to obtain the discovery without court intervention

Question 14

After a D files an answer, can an action be dismissed by the P?

Answer 14

Only by a stipulation signed by all parties or by an order of the court

Question 15

for claim preclusion, a later claim is deemed to be the same if

Answer 15

it arises from the same transaction or occurrence as the earlier claim

Question 16

T/F - In rem actions binds the property that was the subject of the disposition, and also the parties personally

Answer 16

F

Question 17

when a party claims certain discoverable info is privileged or trial prep material what must it also do?

Answer 17

disclose the existence of the material in sufficient detail to the opposing party so it can assess the privilege claim

Question 18

can a fed. trial judge that believes compensatory damages awarded were inadequate offer the D the choice of paying more?

Answer 18

No, additur is unconstitutional

Question 19

when removal is based on diversity jx and a D is a citizen of the state where the state action was brought can the action be removed?

Answer 19

No, if it were based on FQ jx it could be though

Question 20

What level of review should appellate courts give the findings of fact of the previous judge?

Answer 20

they should only be set aside if they are clearly erroneous

Question 21

T/F: courts can grant partial summary judgments

Answer 21

T

Question 22

In every class action notice of ___ must be provided

Answer 22

dismissal or compromise
notice of pendency NOT required

Question 23

when a D does not waive service of process

Answer 23

P must serve and D is liable for the cost of service unless he can show good cause for not waiving

Question 24

in a typical class action - diversity is determined on the basis of

Answer 24

the citizenship of the named members of the class who are suing

Question 25

A juror can testify on matters occurring during deliberation ONLY IF

Answer 25

they are testifying on a question of whether extraneous prejudicial information was improperly brought to a jury’s attention OR whether any outside influence was brought to bear on a juror

Question 26

what does it mean to take judicial notice of a fact

Answer 26

means it is a matter of common knowledge in the community but the jury is not required to accept the fact as conclusive in a criminal case
- do not need to resort to reference materials
- they are not subject to reasonable dispute because they are generally known within community

Question 27

T/F: For Double Jeopardy, a D cannot be prosecuted for the same criminal conduct

Answer 27

F
- two crimes do not constitute the same offense if each crime requires proof of an additional elements even though some of the same facts may be necessary to prove the crime

Question 28

claims can be dismissed if they fail to:

Answer 28

put the other side on notice of the claim being asserted which requires some form of details

Question 29

Claims that assert fraud or mistake requires a P to assert a claim for relief with

Answer 29

particularity

Question 30

When a case is filed in an improper venue the court must

Answer 30

either
- dismiss the case
- transfer the case to a venue where the case could have initially been brought

Question 31

When most removal be made?

Answer 31

30 days after receipt of the complaint

Question 32

What is plain error review?

Answer 32

The standard of review that applies to jury instructions that the appellant did not timely or properly complain about in district court

Question 33

T/F: a remand is considered a final order

Answer 33

T (SOMETIMES) bc it puts the case out of federal court
- BUT remands that are based on a defect in the removal procedural or lack of fed. jx cannot be appealed

Question 34

Can remands based on discretionary choice be appealed?

Answer 34

Yes for review for abuse of discretion

Question 35

Whether to hear new issues on appeal is

Answer 35

within the court’s discretion
- appellate courts frequenetly hear new issues when they are issues of law and no factual record is required

Question 36

May a P join all claims she has against a D even if they are unrelated?

Answer 36

Yes