CIV PRO

Question 1

TWO TYPES OF PERSONAL JURISIDCTION

Answer 1

GENERAL or SPECIFIC

General (obtained by consent, presence, or domicile)

Question 2

Personal Jurisdiction has to do with….

Answer 2

what is fair to the DEFENDANT

Question 3

Specific Jurisdiction

Answer 3

PJ over nonresident Ds to extent authorized by state’s LONG-ARM statute and DUE PROCESS CLAUSE OF 14TH Amendment

Question 4

DP allows Personal Jurisdiction Over NonResident Defendants who have established….

Answer 4

MINIMUM CONTACTS WITH ThHE STATE

PURPOSEFUL AVAILMENT of benefits and protections of the state

Question 5

Federal Question (SMJ)

Answer 5

1. WELL PLEADED COMPLAINT; &
2. FEDERAL QUESTION

***usually always tested with PJ & well-pleaded complaint rule

Question 6

(SMJ) DIVERSITY JURISDICTION

Answer 6

1. COMPLETE DIVERSITY of citizenship between parties; and
2. over $75,000

Question 7

Is complete diversity required for class actions?

Answer 7

NO, minimal diversity

Question 8

Domicile
* Person
* Corporation

Answer 8

Person
* permnant home
* intends to remain
* indefinitely
* returns to

Corporation
* BOTH place of INCORPORATION & PRINCIPAL PLACE OF BUSINESS

**** AT TIME THE LAWSUIT IS FILED

Question 9

SUPPLEMENTAL JURISDICTION

Answer 9

Jurisdictional basis for one claim but not the other - P cannot use SUPP to add claim against nondiverse party if DIVERSITY SMJ

Question 10

REMOVAL

Answer 10

DEFENDANTS may remove an action from state to federal court if P could have initially brough case in federal court

*** MAY NOT REMOVE CASE IF HE IS SUED IN HOME STATE & DIVERSITY

Question 11

Venue is proper in district where;

Answer 11

1. any D resides if all Ds reside in same state
2. district where substantial part of events or omissions giving rise to claim occured
3. substantial part of property

Question 12

CORPORATE DEFENDANT VENUE

Answer 12

Resides in any judicial district subject to PJ at time action is commenced

Question 13

TRANSFER TO MORE APPRIORIATE FORUM

WHO?

Answer 13

FEDERAL COURT

Question 14

TRANSFER FORUM IF

Answer 14

in the inetrest of justice, to another federal district for convenience of parties and witnesses

Question 15

NEW FORUM MUST HAVE

Answer 15

1. SMJ
2. PJ

Question 16

WHAT LAW APPLIES IN TRANSFER?

Answer 16

ORIGINAL JURISDICTION

Question 17

SUMMARY JUDGMENT

Answer 17

NO GENUINE ISSUE OF MATERIAL FACT

Moving Party must show no dispute and then burden shifts to nonmoving

Question 18

Temporary Restraining Orders

Answer 18

Issued WITHOUT NOTICE to the advserse party (limited circumstances and limited time)

P MUST SHOW risk of IMMEDIATE AND IRREPERABLE INJURY

NO LONGER THAN 14 DAYS

stopgap to decide on preliminary injunction

Question 19

PRELIMINARY INJUNCTION

Answer 19

equitable relief to preserve STATUS QUI

must be tried within 6 months unless parties show otherwise

NOTICE REQUIRED

HELP
1. HARM if not granted
2. EVALUATION of injuries
3. LIKELIHOOD of prevailing
4. PUBLIC interest

Question 20

WORK PRODUCT

Answer 20

ANTICIPATION OF LITIGATION

Question 21

EXCEPTION TO WORK PRODUCT

Answer 21

SUBSTANTIAL NEED & UNDUE HARSHIP

Question 22

EXCEPTIONS TO FINAL JUDGEMNETS BEING APPEALABLE AND NONFINAL NOT BEING APPEALABLE

Answer 22

Final orders involving multiple claims and multiple parties and some are still pending - otehr parties may be able to appeal

injunctions

garnsishments

temporary remedies

Question 23

ISSUE PRECLUSION

Answer 23

1. ACTUALLY LITIGATED ISSUE
2. DECIDED
3. ESSENTIAL TO JUDGMENT IN PREVIOUS CASE
   ***** CANNOT BE LITIGATED AGAIN

Question 24

CLAIM PRECLUSION

Answer 24

CLAIM THAT HAS BEEN (1) already litigated to a final judgmenet (2) on the merits

CANNOT BE RE LITIGATED BY THE PARTIES