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Civ Pro Flashcards

1
Q

What is the minimum contacts test for stream of commerce?

A

Court has specific jurisdiction over a manufacturer if the manufacturer puts goods into the stream of commerce + purposefully targets the state

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2
Q

Does the court’s general jx over a parent corporation give it jx over the subsidiary?

A

No, unless the subsidiary was acting as the parent corporation’s agent or alter ego

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3
Q

What are the 3 kinds of mandatory disclosures that parties are required to make?

A

1) Initial disclosures - Names, contact info, copies of documents that may support claims & defenses, computation of damages & insurance agreements
2) Experts who will testify
3) Pre-Trial Disclosures - List of witnesses & exhibits

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4
Q

How many days do you have to file a notice of appeal in the trial court after the final judgment is entered?

A

30 days

Or, if party files a posttrial motion within 28 days after entry of final judgment, then notice of appeal need not be filed until 30 days after court enters an order disposing of that motion

Or, 60 days if one of the parties is the U.S., a federal agency, or a federal officer/employee sued in official capacity

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5
Q

How many days do you have to file a posttrial motion for relief of judgment after final judgment is entered?

A

28 days

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6
Q

What are the elements required for a class action?

A

Numerosity that joinder of all members is impracticable
Questions of law or fact common to the class
Claims/defenses of the rep parties are typical of claims/defenses of the class AND
Rep parties will fairly & adequately protect the interests of the class

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7
Q

Remittitur

A

D requests for court to reduce jury award of excess damages. Allowed if P is given choice between reduced damages and new trial on damages.

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8
Q

Additur

A

P requests court to increase jury award of inadequate damages. Never allowed in federal court.

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9
Q

Who does Bulge Rule apply to?

A

Impleading 3rd parties and joining necessary parties

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10
Q

What are the two exceptions where even if they meet the requirement of diversity jx they cannot be brought into federal court?

A

Probate and domestic relations

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11
Q

When is minimal diversity OK?

A

Statutory interpleader, class actions of 100+ members w/5mil at stake, interstate mass torts where 75+ deaths in a single accident

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12
Q

When can you aggregate monetary damages with one P vs. Multiple Ds?

A

Only when Ds are jointly liable

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13
Q

When can you aggregate monetary damages with multiple Ps vs. multiple Ds?

A

Only if Ps suffered a common undivided interest

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14
Q

For supplemental jx, and OG jx is based SOLELY on diversity and the supplemental claims do not meet diversity requirements, what claims MUST qualify independently for jx?

A

Claims by P against persons added through joinder, intervention, impleader

Claims by persons proposed to be joined as Ps through compulsory joinder

Claims by persons seeking to intervene as Ps by joining through intervention

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15
Q

When is it OK to remove a federal question case?

A

When P could have chosen to file in federal claim to begin with

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16
Q

When is it OK to remove a diversity case?

A

Only when action was brought in a state where no D was a citizen and removal occurs within 1 year of when action commenced in state court unless P acted in bad faith

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17
Q

What are some general requirements for removal?

A

Removal is consented to by all Ds, brought within 30 days of service of pleadings/summons or within 30 days of an amended complaint that adds a diversity or FQ where there wasn’t one before, and removal is to a federal district court embracing the state court in which the case was originally filed

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18
Q

Where is venue proper? 3 options

A

All Ds reside in forum state, then venue is proper in any district where any D resides

Venue is proper in any district in a state where a substantial part of events/omissions giving rise to the claim occurred or a substantial part of property

If there’s no single proper venue in US, venue is proper in any district in which D is subject to PJ. If D is a non-resident, venue is proper in any judicial district

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19
Q

Where is venue proper when suing a federal officer or employee?

A

District where any D resides, a substantial portion of events occurred or property located, or P resides if no real property is involved

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20
Q

When is transfer of venue OK?

A

To a district with proper venue, or any venue if all parties consent.

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21
Q

What is the Klaxon Rule?

A

Federal courts apply choice of law rules of the state in which the courts sit, except when a diversity suit is transferred from one federal court to another, apply the first state’s choice of law rules

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22
Q

What is the deadline to file an answer after the pre-answer motion is denied?

A

14 days

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23
Q

What is the deadline to respond to an amended pleading?

A

14 days

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24
Q

What is the deadline to submit a proposed discovery plan after initial conference and make initial disclosures?

A

14 days

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25
What is the deadline to demand a jury trial after the last pleading is served?
14 days
26
What is the deadline to serve a pre-answer motion or answer after service of a complaint/counterclaim/crossclaim?
21 days
27
What is the deadline to amend pleadings as a matter of course after the pleading was served?
21 days
28
What is the deadline to reply to an answer?
21 days
29
When do you need to plead special matters with particularity, more information than Twiqbal?
In alleging fraud or mistake, or if an item of special damages is claimed (punitive, damages for lost business profit)
30
What are the four motions that must be made at earliest opportunity or else are waived?
Lack of PJ, improper venue, insufficient process, and insufficient service of process
31
What is the standard under which federal appellate courts will review district court's discretionary certification of class actions?
Abuse of discretion
32
Does P intervention as of right or permissive intervention qualify for supplemental jx?
No for either when jx is based on diversity! The intervener must satisfy independent diversity
33
Do cross-claims between D have supplemental jx?
Yes because it's all part of the same case or controversy
34
Do cross-claims between P have supplemental jx?
No, must qualify for independent jx
35
When must a motion for summary judgment need to be filed?
Up to 30 days after discovery closes
36
When must a motion for JMOL be made?
After the close of the other party's evidence but before jury returns verdict
37
When must a renewed JMOL be made?
After a jury returned a verdict within 28 days after entry of judgment
38
What are supplemental pleadings?
To set forth a transaction, occurrence, or event that arose after the pleading to be supplemented was filed
39
What's the difference between amending pleadings and filing a supplemental pleading?
Amend pleadings to set forth a transaction/occurrence/event that arose before the pleading was filed Supplemental pleadings to set forth a transaction/occurrence/event that arose AFTER the pleading to be supplemented was filed
40
When MUST a party join another party? (Compulsory joinder)
When the party's absence will prevent the court from granting complete relief to existing parties When the party's absence will prejudice the absent party's interest When the party's absence will subject existing party to multiple or inconsistent obligations
41
When MAY a party be joined in a lawsuit? (Permissive joinder)
When claims by or against the person arise out of the same transaction/occurrence AND there is a common question of fact or law
42
What are some examples of collateral orders?
Denying state 11th Amendment immunity Denying government official/employee immunity Vacating attachment of vessel Refusing to require security bond pursuant to state law Remanding action to state court based on abstention
43
When can a collateral order be immediately appealable?
A collateral order is immediately appealable if it (1) conclusively resolves an important issue that (2) is separate from the merits of the claim and (3) cannot be effectively reviewed on appeal from a final judgment—e.g., an order denying a claim of governmental immunity.
44
Are parties considered diverse if one individual is a US citizen who is domiciled in another country (stateless person) and the other individual is domiciled in a US state?
No
45
What is the deadline for initial disclosures?
Within 14 days after initial planning conference
46
What is the deadline for disclosures of experts who will testify
90 Days Before Trial unless there’s substantial justification or it’s harmless
47
What is the deadline for Pre-Trial Disclosures?
30 days before trial
48
When is voluntary dismissal of a cross claim, counter claim, or 3rd party claim permitted without consent?
Party has right to voluntary dismissal of claim when parties sign a stipulation of dismissal OR before other party files a responsive pleading, like an answer, or before evidence is introduced
49
When is voluntary dismissal of the suit permitted without consent?
P has right to voluntary dismissal once at any time before D files answer or motion for summary judgment
50
Can you plead alternative and inconsistent allegations?
Yes, it's OK to plead alternative and inconsistent allegations
51
What is an ex parte communication?
Communication with the judge w/o the other party
52
What are the requirements for granting a TRO?
Irreparable injury Notice to the other party OR reason that notice is not required
53
How do you determine the citizenship of an insurance company?
Insurance company is deemed to be citizen where it’s incorporated + principal place of business + AND citizen of the insured’s state
54
What are the 4 requirements for miniimum contacts?
Purposeful availment Foreseeability Relatedness Fairness
55
What are the three ways (federal rules) to extend the PJ reach of federal courts beyond state boundaries?
Federal interpleader Act Bulge Rule Unusual provision (usually for foreign Ds)
56
When must a district court abstain from hearing a case w/r/t interstate mass torts minimal diversity?
If a substantial majority of the Ps are citizens of a single state of which primary Ds are also citizens + the claims asserted will be governed primarily by laws of that state
57
What is the citizenship for purposes of determining diversity for non-incorporated businesses?
Citizens of every state in which any of its partners is a citizen. If one of the partners is a corporation, then citizenship of where that corp is incorporated + principal place of business
58
What is the citizenship for purposes of determining diversity for an insurance company when insurance company is the D?
Insurance company is a citizen of the place where it's incorporated + principal place of business + citizen of the insured's state
59
What must Ps show to receive a preliminary injunction?
P is likely to succeed on merits of the lawsuit P will suffer irreparable harm if preliminary injunction is not granted Balance of equities - hardships to Ps vs Ds Injunction would be in best interests of public
60
What must Ps show for when they don't provide notice for a TRO?
The delay would cause immediate irreparable injury + Attorney must certify in writing the efforts to give notice and why notice shouldn't be required
61
Are TROs appealable?
No, unless the TRO has the practical function of a preliminary injunction (i.e. it's been extended beyond 14 days)
62
What are the requirements to make an amendment to change the defendant?
Only allowed if 1) Relation back 2) D being brought in received notice of the action within 90 days of the original complaint being filed 3) P sued wrong D but the right D knew about it or P sued wrong D by mistake
63
Are individuals diverse if it's a US citizen of one state vs. a foreign D who lives elsewhere?
Yes
64
What governs claims of privilege for a federal court sitting in diversity?
State privilege law when the privilege provides a rule of decision for a claim or defense. Federal common law for all other things.
65
When police make a warrantless search due to exigent circumstances, do they need reasonable suspicion or probable cause?
Probable cause
66
What are three kinds of exigent circumstances for a warrantless entry?
1) Pursue a fleeing suspect after a felony occurred 2) Prevent imminent destruction of evidence 3) Protect police or public from harm
67
Can a cross claim only assert a defence?
No. It must also assert a claim for relief
68
What is a scheduling order?
Order that establishes dates and deadlines for filing motions, amending pleadings, completing discovery, etc. This is done at the pretrial conference. Modification allowed for good cause & with judge's consent
69
What is needed to modify a scheduling order?
Good cause + judge consents Once moving party shows good cause, BoP on non-moving party to show that modification would sufficiently prejudice that party
70
When do pleadings close (and thus a motion for judgment on the pleadings may be made)?
When all required pleadings have been filed. So usually a complaint and an answer. But if there’s a counterclaim then an answer must be filed to that counterclaim too.
71
When does an erroneous denial of a for cause challenge of a juror NOT warrant an appeal?
When the juror did not even serve on the jury (bc they were removed through a peremptory challenge instead)
72
Is the denial of the removal of a potentially biased juror considered an abuse of the trial court's discretion?
Yes
73
Can parties agree to extend the deadline for filing a renewed JMOL?
No!! It must be filed within 28 days.
74
What's the acronym for interlocutory orders that are immediately appealable within 14 days?
In certain moments an appeal can be made prematurely. In - Injunctions Certain - Certifications Moments - Multiple claims/parties and a final order is entered as to one claim that is separate and distinct to the unadjudicated others An - Admiralty Appeal - Appointment of receiver Can - Collateral orders Be - Bankruptcy Made - Mandamus Prematurely - Patent infringement
75
Pretrial Conference
Court may order attorneys…to appear for 1+ pretrial conferences for purposes such as expediting disposition of action, establish early & continuing control so case will not be protracted b/c of lack of management, discouraging wasteful pretrial activities, improving quality of trial through more thorough prep, facilitating settlement Modification of pretrial order - Only allowed to prevent manifest injustice
76
What is the standard for evaluating a JMOL and renewed JMOL?
Whether the evidence in the record is legally sufficient for a reasonable jury to find in the non-movant's favor.
77
Can you bring a diversity action in federal court if you changed your domicile for the sole purpose of bringing the action?
Yes so long as the new domicile is not a sham
78
For a class to be certified, do Ps need to show that there is a likelihood of success?
No, that's not one of the elements for certifying a class

Wrong Answers (8 decks)

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