Civ Pro Flashcards
What are the notice requirements under the FRCP?
Notice must be reasonably calculated under the circumstances to inform the parties of the action.
Methods: 1) Personal delivery; 2) registered mail; 3) delivery to an appointed agent
What are interlocutory injunctions? What are the two types and the requirements for each?
Interlocutory injunctions are court orders requiring a person to do or to cease from doing a specific action before trial. The purpose is to prevent irreparable injury before there is a final judgment. The movant MUST provide security that will be used to compensate D for damage caused by the injunction if P does not win. There are two types: preliminary injunctions and Temporary Restraining Orders (TROs)
Preliminary injunctions (4-part test):
1) irreparable injury
2) reasonable likelihood of success on the merits
3) balance of hardships
4) public interest
TRO: Issued by the court when necessary to prevent immediate, irreparable injury to a party. TROs are not immediately appealable and expires 14 days after issuance.
What are Rule 11 Certifications and Sanctions
Certification: signature acts as a certification that, to the best of the signer’s knowledge, that: filing is not frivolous and have evidentiary support
Sanctions: Court may issue sanctions for violations. Court may not impose monetary sanctions for parties represented by attorney (sanctions on attorney are OK)
Safe harbor rule - Party must serve but may not file rule 11 motion with opposing party and wait 21 days giving an ample opportunity to withdraw frivolous motion. If not, can be filed. There must be a court hearing before sanctions given.
What is interpleader and the two types?
Interpleader allows a property holder to initiate a suit to compel multiple claimants to that property to litigate the dispute.
Rule 22 interpleader: complete diversity required - stakeholder must be diverse from all claimants; amount in controversy must exceed $75k
Statutory interpleader: only one claimant must be diverse from at least one other claimant and amount in controversy must be $500 or more.
What are the four requirements for Class Actions?
To certify a class, the court must find “CANT”: 1) numerosity - class size must be so numerous that joinder is impracticable.
2) commonality - there must exist questions or law or fact common to the entire class.
3) typicality - claims or defense of the class representatives are typical of those of the class.
4) adequacy - class representatives will fairly and adequately protect interests of the entire class
- only a class representative need be diverse from all opposing parties
Personal Jurisdiction
A federal court may exercise personal jurisidiction over a defendant under three basis: 1) traditional; 2) statutory; 3) constitutional
- traditional: (CDP) - Consent, domicile, presence
- statutory: a state’s long-arm statute gives jx over non-residents to constitutionally permissible extent and must have constitutional basis.
- constitutional basis: To satisfy due process requirements for jx over defendant, he must have had such minimum contacts with the forum so that exercise of jx does not offend traditional notions of fair play and substantial justice
A) Minimum contacts - In order to satisfy minimum contacts, there must be PURPOSEFUL AVAILMENT by D to the forum state and FORESEEABILITY
B) Relatedness
specific jx arises when the cause of action is related to D’s contacts
General jx can arise even when cause of action is not related: D must have had continuous and systematic contact with the forum such that D is essentially at home
Judgment as a matter of law (JMOL)
JMOL may be granted to moving party if nonmoving party (NMP) has been fully heard on an issue, and a reasonable jury would not find for NMP on that issue. Evidence viewed in the light most favorable to NMP
What are the standards of review for: 1) matters of law; 2) findings of fact (jury vs non-jury); 3) mixed questions of law and fact; 4) discretionary matters
Matters of law = de novo review
findings of fact (non-jury) = not disturbed unless clearly erroneous
findings of fact (jury) = appeal court affirms unless reasonable persons could not have made that finding
mixed =de novo review / clearly erroneous review if factual issues predominate
discretionary matters (includes rulings in trial judge’s discretion) = abuse of discretion
What are the time limits for: 1) service of process; 2) answer to complaint; 3) removal/remand; 4) Rule 26(f) meet and confer; 5) jury trial request
Service of process: P has 90 days after filing complaint
Answer to complaint:
-D has 21 days from service of complaint.
-D has 60 days if there is a waiver
Removal/remand: 30 days after removal or remand
Rule 26(f) meet and confer: at least 21 days before a scheduling conference
Jury trial request: file demand within 14 days of last pleading.
