civ pro

Question 1

pj

Answer 1

1. Personal jurd. Essay
   inpersonam (general and specfic), in rem(only for property), quasi in rem (attaching property because cant get to the person but must have jurd over person…cant attach property just because
2. Look to the ct and see if it’s fed ct or state ct.
   (if fed, write)
   Generally, federal district courts are courts of limited jurd. so cant hear everything. However can get in fed ct with state claim based on supp. Jurd.
3. State courts are courts of General Jurisdiction, so can hear fed court issues too except for issues of exclusive fed law (admiralty law, bankruptcy law, copyright and patent law, cases involving the mail, cases arising under the Securities Exchange Act, and cases arising under the Consumer Product Safety Act where the amount in controversy exceeds $10,000.)

for PJ. may exercise, personal jurisdiction over a non-resident if state has long arm statue or D is properly served in the state. voluntary not to answer to another case…so if in the state and is served then there is pj

3. The Due Process Clause permits the exercise of personal jurisdiction over out-of-state defendants like the distributor if they have 1. minimum contacts with the forum state such that the exercise of jurisdiction 2. would not offend traditional notions of fair play and substantial justice.

1A) minimum contacts
1. The nature of the contacts whether “specfic contact”- the suit arises out of the conduct performed in the state or “general contact” is related to the defendant’s contacts within the state that they are so continuous and systematic as to vendor D at home in the forum state

General: (businesses)
Deliberately directing activities in forum state examples is specfic
Commerece (selling products) is general
- not just putting a product into the stream of comrade, but deliberately advertising or servicing the products.
Websites
- for a website there must be active transactions meaning that the resident can actively engage with the website such as complete transactions, and input info. (think of Attorney consultation sites you are just inputting your information versus Amazon or Barnes & Noble you are inputting your information and doing a transaction)

1B. traditional notions of FairPlay and justice- 4 part test
1. Burden on the defendant to litigate in the forum state, 2. state interest in hearing the suit, 3. p’s interest in obtaining convenient and effective relief from the forum, 4. interest in the interstate judical system in effective resolution of disputes(location of witnesses and evidence).

________________________
Establishing jurd with property

Property***
Need more than just having a property in the state must establish minimum contacts (for example, having a property, and Connecticut with tenants is transacting business)

• quasi in rem- when a state has limited long arm statute, and have a jurdement against p may use quasi in rem to fill in the gap. however there must be min. contacts. and there must be property in that state. ** the recovery is limited to the value of the property.

-

Question 2

generally

Answer 2

a court must have smj or pj to hear a case

Question 3

ways to est due process

Answer 3

Notice- reasonable steps taking to inform D or a action against them

Consent- automatically satisfy pj
1. Appearing to court, without having pleadings objecting to personal jurd.

2. A contract with forum selection clause
3. The party is a appointed agent in the state

lAS

Question 4

general pt 2

Answer 4

Personal Jurisdiction Blurb
The Federal Court will have personal jurisdiction over the Defendants if they have
certain minimum contacts with the forum state so that the maintenance of the suit does
not offend traditional constitutional notions of fair play and substantial justice. And if
they do the Long-Arm statute will reach them and the court will have personal
jurisdiction over the parties. The Plaintiff also consents to Personal Jurisdiction by filing.
Specific jurisdiction - requires a relationship between the defendant’s in-state contacts
and the cause of action.
General jurisdiction - no relationship between the contacts and the cause of action is
needed because the defendant’s contacts with the state are so extensive that the
defendant should expect that it can be sued in that forum for anything that happened in
any state.
Subject Matter Jurisdiction Opening Blurb
The federal courts are courts of limited jurisdiction; they hear matters in 1) Diversity, 2)
Federal Question and 3) those claims that fall under the Federal Supplemental Statute.
Removal
When the Plaintiff files in the State Court but could have filed in the Federal Court,
Defendants have 30 days to remove. The basis for removal must be on the Plaintiff’s
complaint, NOT the Defendant’s counterclaim or defense. All Defendants must join in
the removal. For Diversity SMJ – it must exist at the time the original claim was filed in
the state court AND at the time of removal.
Resident Defendant Rule - Defendants domiciled in the state where the claim was 1st
filed may not remove
‘Diversity’ Subject Matter Jurisdiction Blurb
In order for the court to have Diversity Subject Matter Jurisdiction there must be 1)
complete diversity between the parties, and 2) the claim must exceed $75,000.
Domicile is determined by a two-part test: 1) presence and 2) intent to remain
indefinitely. The rule is that diversity is determined at the time the suit is commenced,
NOT when the claim arose, therefore, when ____ move to ____ has destroyed OR
created diversity.
‘Federal Question’ Subject Matter Jurisdiction Blurb

17

Given that ___ is claiming a violation of a federal statute or civil rights violation, this
claim appears to be a Federal Question claim as it arises under the United State
Constitution, its laws or treaties.
Federal Supplemental Statute Subject Matter Blurb
The court may have jurisdiction over the additional state based claims if they are so
related to the original claim that they form part of the same case or controversy, if they
are derived from the same nucleus of operative fact. This statute is to facilitate judicial
economy and convenience; it is discretionary by the court.
Venue
Under federal statute venue is proper 1) where all the defendants reside, 2) where the
claim arose, or 3) if neither 1) or 2) apply any district where the federal court has
personal jurisdiction over the defendant

Question 5

smj

Answer 5

2. Generally, Subject matter jurd. Is the power of the court to hear certain kind of cases. Federal courts, or courts of limited jurisdiction which means they can only have certain kind of cases and state courts have general jurisdiction.
   Generally, Federal question…..
   generally, diversity cases must need to requirements. There must be complete diversity of citizenship between plaintiff and defendant and the amount of controversy must be over 75k * when two p’s join together to try to make the amount in con. I t I s permissive joinder as long as same T/O and common question of law or fact)

Domicile
Intent to domicile for ppl
residence when the complaint was filed. (2) an intent to remain in that state.

-factors considered for intent : individual’s residence, the location of the person’s property, the person’s voting behavior, the location of bank accounts, the individual’s memberships and personal associations, automobile registration, place of employment, and other matters.

(Tip)
-When a person is originally from a place ..but then start having substainal ties to another state …dont matter what they do in that other state, if is say intent to move there, if they dont completely abandon their home state (have zero ties there) they will still be domiciled there.**

*Domicile for corp (smj)
-where incorporated (facts will say corporate) &
-ppb the headquarters (where high officers are ) not where e the offices are.

*domicle for corp (venue/pj)
when it comes to venue it’s any state where they are subject to personal jurisdiction. purposeful availnment/ business activies “it conducts sufficient business activities”

***when see united states district court for the district of ….(means federal court)

Question 6

supp jurd. “can this claim or party be joined with the claim that you have jurd. over”

Answer 6

generally Supplemental jurisdiction (getting a state claim into fed court)
- Must be a case that could not have gotten into fed court on it’s own only coming in cause common nucleus of fact (same transaction or occurrence) ***However, for cases based solely on diversity, supplemental jurisdiction is not available if would distroy diversity such as impleaded parties, compulsory joined parties, permissively joined plaintiffs and intervening parties. P cant use if lack of diversity But can for insufficient funds because have multiple claims and add to over 75)
in addition,
- Ct has discretion can deny if; the case to get the Claim in fed got dismissed, complex or novel issue, support claim predominate org claim to get in fed ct
- (Too complicated-Defamation-Defamationx etc..)
- The courtmaycontinue to exercise supplemental (pendent) jurisdiction over the state claim even though the federal claim is dismissed on the merits. However, the state claim may also be dismissed (without prejudice) if the federal claim is dismissed before trial but must before a verdict is rendered.
- If if can go in fed court but is in state court can stay in state court. The federal courts and the state courts have concurrent jurisdiction over most types of actions. The few areas over which the federal courts have exclusive jurisdiction (must go to fed court) is bankruptcy cases, patent and copyright cases, antitrust cases, and a few other less common types of actions.

Question 7

diverity exception rules

Answer 7

1. supp jurd- ***However, for cases based solely on diversity, supplemental jurisdiction is not available if would distroy diversity such as impleaded parties, compulsory joined parties, permissively joined plaintiffs and intervening parties.
2. erie - Diversity case- must apply the law of the state that the federal court sits in.
3. 30 days the D was served with the complaint. However, if the case is a diversity case D have up to 1 year …only longer if D can show grounds that P had bad faith.

Question 8

removal

Answer 8

Removal generally, only orginal D (the same D in the first claim in case the parties switched) can bring an action to remove the case from state Ct to federal Ct..onlyI if plaintiff could have originally brought it there. D can not remove if D is a citizen of that state that P brought it in

In addition, All d’s must be joined and It must be within 30 days the D was served with the complaint. However, if the case is a diversity case D have up to 1 year …only longer if D can show grounds that P had bad faith. However D can’t remove if it’s his home state.

Question 9

venue

Answer 9

-Venue (saying is in wrong venue in this state )
Generally, the court must determine whether venue was properly laid and if the case can be transfered to a venue that it could have originally be brought..

Venue is properly laid
in any district where a defendant resides if (1) all defendants reside in the same state, or (2) in any district where a substantial part of the acts or omissions giving rise to the action occurred, or (3) in any district where any defendant is subject to personal jurisdiction, if there is no other district in which the action might be brought.

*a corp is deemed to reside in any judicatory district in which it is subject to pj.

*if D resides in multiple states, then where a substantial part of the events occurred. or location wherethe disputed property is located.

Vs. forum non conveniens is saying venue is proper but i wabt to transfer to a more appropriate forum. The federal ct can transfer but look to the balance of public and private factors: a case to another fed district for the convenience of the parties and witnesses and in the interest of justice but the new forum must have pj (las and min contacts) and smj.
In addition, the law of the transferor (old ct) forum will apply except if there was a forum selection clause.

Question 10

Forum non conveniens

Answer 10

orum non conveniens is saying venue is proper but i wabt to transfer to a more appropriate forum. The federal ct can transfer but look to the balance of public and private factors: a case to another fed district for the convenience of the parties and witnesses and in the interest of justice but the new forum must have pj (las and min contacts) and smj.
In addition, the law of the transferor (old ct) forum will apply except if there was a forum selection clause.

Question 11

tro’s vs. preliminary hearings

Answer 11

-Tro’s vs prelim hearings
Generally, final orders are not entered by the court during trials. However, a party may seek a two until the court decides whether to grant a preliminary injunction.

Tro’s can be entered without notice to the adverse party (but only in limited circumstances and for a limited time). To secure a TRO the moving party must show arise of immediate and irreparable injury. The two is only made to last temporary until the court consider and resolve the request but NOT longer than 14 days unless the ct extends for good cause or the adverse party consents to the extension.

Preliminary injunction is a equitable relief with the objective of preserving the status quo. The court must give notice to the adverse party. The matter must be tried in 6 months unless the parties stipulate to good cause.

The courts consider 4 factors (help)
-harm::: the significant of irreparable harm to the plaintiff if the injunction is not granted.
-evaluation of the injuries:::the balance between the harm and the injury inflicted on the defendant if granted
-likelihood of prevailing::the probability that plaintiff will succeed on the merits
-Public interest-

Question 12

tests :forum non conveience vs. traditional notions for fair play and substantial justice vs erie test

Answer 12

Fptn- part test
Burden on the defendant, forum, state interest in hearing the suit, p’s interest in obtaining convenient and effective relief, the states interest and effective adjudication, furtherance of social policies.

Forum factors balance of public v. private factors. (extraordinary circumstances unrelated to to the convenience of the party will stop a case from being transfered. Such factors are what law applies, community burdened with jury service, and keep local controversy in local court. However, if the case in in a federal court, the federal court will enforce the forum selection clause.

Erie test: outcome determinativ test:
1. does the choice of law impact the outcome of the case? if yes use state
2. Forum shopping: would failing to apply the state law encourage ppl to litagate in federal court? if yes then state law
3. Balance of interest- does the state have a greater interest in having its own law applied then the federal law? if yes then state law.

Question 13

work product

Answer 13

Work product
Any material prepared in anticipation of litigation. However, if the other party can show a substantial need and undue hardship they may be able to recover written statements but not att.mental impressions

experts too unless consultant and not being used to testify

Question 14

removal vs venue

Answer 14

Removal is state to fed, d home state rule vs venue is state to state with d’s consent and has to be in D’s state rule

Question 15

judgements and appeals

Answer 15

Judgements and appeals
Generally, there must be a final order to appeal.
Appeals must be within 30 days after Final judgement (a ruling that dipose all claims and parties) unless there is a exception where it’s not a final judgement (judge say there ,is
no reason to delay and an express direction

-circumvention of the final judgement order through the appellate writ of mandamus and prohibition is allowed. mandamus command a trial ct to act and prohibition commands the jiudge to refrain from acting. the writ is only available if an appeal will be sufficient to correct a problem and the trial ct actions constitue a serious abuse of power that must be immediatley corrected. trial cts handle venue, smj and forum selection stuff so it would be unusal for a writ to bve issued.

-can appeal Interlocutory orders (orders made while trial is still going), or is.
- can appeal if collateral ( so important it cant wait or person will suffer a harm)
- Deny for summary judgement but wait until after the trial
- One claim in a motion if judge say no reason for delay and issue a final judgement
- Grant or deny of injunctions
- Certification of a class action

final judements
- decision after full adjudication
-default judgement if ct had valid PJ and SJ)
-jmol/direct verdict
-sum. jud.

Not final judgements cant be appealed
Lack of jurd.
Improper venue
Failure to join a indispensable party
One resolved claim in a motion for multiple claims unless ct say there is no reason for delay and issued a final judgement on that
-issue for a ne trial
-partial final judgement (judge made a eulling on some things not all, reserves))

Question 16

erie/ inverse erie

Answer 16

Inverse erie, (can the state ct hear a fed issue)
* Fed ct have limited jurd. (Has to be fed q or div. or support jurd. If with a fed ct claim)
* States have general jurd. and can hear fed ct cases if not a fed ct exclusive ( a federal claim arising under the federal bankruptcy or copyright law) otherwise, state can hear but must apply inverse erie (the state court must apply federal procedural and federal substantive law cause its a fed ct case)
Org. Erie, (which law applies)
makes a fed ct apply state law for substantive law and fed law for procedural law(sol is substantive law).
Exceptions:
1. Diversity case- must apply the law of the state that the federal court sits in.

2. If state and fed procedure law conflicts ..If conflict with fed and state law, use test
   A. Outcome determinative - would applying or ignoring state law , affect the outcome of the case (if yes, apply state law)
   B. Balance of interest -do fed or state have a strong interest in the case (if yes, apply which ever have a strong interest)
   C. Forum shopping avoidance - if by applying fed law would have litigants fly to fed ct, dont use it…use state law
3. In fed court, if two cases going on, one in state and one in fed…fed court law will proceed and fed law is to follow state law
   


Question 17

preclusion’s

Answer 17

Issue preclusion & claim preclusion

Claim preclusion(res judicata) -
1. final judgement on the Merits (it is not necessary that the judgment be satisfied)
2.need same parties/same roles-same person as P and same person as D) or privity (where the claimant won the earlier lawsuit, the claim is said to be merged into the prior judgment.-privity with org parties (ppl that are so close with org party that their interests are the same so the judgement in the 1st case can go to them too) *** look at their interests in the outcome of the case (they want the same outcome because they will both be effect in the same way as to their goal
3. all claims arise out of the same transaction of occurrence
-will not be successful in bringing claim if the claim is barred. Bar occurs when a plaintiff loses.
-A plaintiff may of right dismiss an action one time without prejudice before the defendant serves its answer.
vs
Issue preclusion(collateral estoppel) (this issue was already litigation, preclude X from trying to re litigate this again.
- Must be the same issue as in 1st case with a final judgement (If the issue is different from first case, the party in first case must make a affidavit stating if the issue is the same)
- Can be different parties,
-final judgement on the merits
- Fairness (to the one being stopped had a full and fair opportunity to litigate the issue in the first suit)

Issue Preclusion:non mutual Offensive & Defensive use of prior judgement
-Defensive-D want to prevent P from re litigating issue p lost against a different party
Allowed if P had a chance to litigate the issue previously
-Offensive- p want to prevent D from re litigating an issue D previously lost against a different party (barely allowed)if allowed court will balance factors = 1)d had a fair opportunity, d could foresee multiple suits being filed, was issue preclusion unavailable in prior action, there are no inconsistent judgement on record

permissive-Parties may be joined as p and D whenever some class is made by each P and against each D relating to or arising out of the same series of transactions or occurence. and there is a question of law or fact common to all parties
_________________________________________
***final judements
- decision after full adjudication
-jmol/direct verdict
-sum. jud.
-interlocutory orders (injuctions)

depends ***
-default judgement is final if ct had valid PJ and SJ, or if a party decided not to answer otherwise not final because the merits of the case was not discussed

Not final judgements cant be appealed
Lack of smj, pj or
Improper venue
Failure to join a indispensable party
One resolved claim in a motion for multiple claims unless ct say there is no reason for delay and issued a final judgement on that
-issue for a ne trial
-partial final judgement (judge made a eulling on some things not all, reserves))

**claims are related if:
-facts are related in time, space, orgin, or motivation
-facts form a convient trial unit
-facts tratement as a unit conforms to the parties expectations

Question 18

summary judgement vs direct verdict

Answer 18

-summary judgement
Generally, federal rules of civil procedure rule allows a summary motion to be granted only if there is no “genuine issue of material fact” and the movant is entitled to jmol.

The moving party must produce evidence to show there is no genuine issue of material fact. Then burden then shifts to the non-moving party which then produce evidence to show the there.
Evidence allowed is depositions, documents, electronically stored info, affidavits or declarations, stipulations, admissions, interrogatory answers or other materials.

direct verdict aka jmol- could the jury find reason to rule for the non moving party? if so dent jmol….otherwise, if “ no reasonable jury could find for the non-moving party based on the evidence presented at trial” , grant …

D can file for it after P introduce evidence or after all evidence is produced. P can ask for it after all evidence is presented.

Question 19

Abstention

Answer 19

Generally a federal court must abstain from hearing a case when the constitutionality of a state statue is at issue. However the Fed court can retain jurisdiction over the case but defer ruling on the state constitutionality of a state statute

Question 20

class actions

Answer 20

Class certification (N T C R I)
Generally, to determine whether to hear certify a class there are five requirements. The class is numerous that joinder of all members is impracticable. The class must have common questions of law of fact, the named party interest must be typical of the class; the named party rep must be able to ensure fair and adequate representation of the absent class member; and the action must be a risk of inconsistent results such that trial of each plaintiff claim ind. would result to inconsistent standards of conduct for the defendant or risk the trial of one of the plaintiff’s claims could impair the rights of all the plaintiff’s. N- 100 members in the class; C- all members are seeing for the same issue with D T-the factors in the named P is representative of the whole of P’s and P is likely to be able to carry the case for the P’s (no chance that P will settle); R- the rep for the named P have the creditors and experience to rep a class action;

In addition, the action must fall into 23b category such as risk of inconsistent results or risk that separate trials would Impair the rights of all P’s; or D must have acted or refused t act on grounds applicable to the whole class and inductive or declaratory relief would be appropriate; or common questions of law or fact predominate and class action is superior method of adjudication

Question 21

discovery

Answer 21

generally, discovey is the process for parties to obtain info from each other and third parties. there is mandatory disclosures and requests for info(documents and tangible item, mental or physical exams, depo, interrrogies, admissions)

inital disclourses deadlines are 14 days
expert testimony is 90 days
pretrial disclosures 30 days

process
1. rule 26f -requires parties to meet as soon as practicable to discuss claims and defenses and possible settlement( if not settlement then develop discovery plan and submit in 14days) ***think of daughtery case when the parties first hearing and the judge gave them a chance to settle b4 the next hearing date in 21days
….in the meantime, parties are exchanging contact info for ind, documents, damages calculation insurance agreements.
2. rule 16 conference- the judge issues a scheudling order deailing the deadlines for disclosures, filings, other discovery issue (withing 60-90 days)

process for getting info:
-depositions- 10 oral questions, 1 day, 7 hrs, under oath must give parties reasonable notice which compels them. non parties are not compelled unless you get a supeana.
supeana corp- first supena the corp who then designate a officer or director or managing agent or other persons to testify on its behalf about info known or reasonably available to the organization. objections can be made but witness must answer anyway.

-interrogatories- 20 written questions used for disclosure of routine info to only parties not non parties. must be answered within 30 days. answers are under oath, can include objections and signed att or person making statements.

-requests for production- requests for docuements, tangible evidence and electice evidence. cam be for parties and non parties.

-requests for admissions- request parties to admit, deny, object the truth of evidence. if the party dont deny or object then deemed admitted for trial.

remedy-
-order to compel: ask court to order that a non complying party compels with discovery. either depo or interr or produce doc, permit inspection…if denied then motion to protect (prevent annoyance, embarrassment, oppression, undue burden or expense”. If compell is granted then if thy dont listen, santions will be on them.

-sanctions 11- att not complying or frivious grounds etc. there is a 21 day safe harbor rul that allow them to fix before court intervention.
-sanctions 26g- att. certifed that a disclousre was either : incomplete, inconsistent with the rules, not warranted by existing law, made for a improper purpose, is reasonably burdensome
-

Question 22

motions (pre trial/ post trial)

Answer 22

post trial motions are within 28days

voluntarily dismissal- P dismiss without a ct order. okay if b4 answer filed, motion for summ. judge or stipulation entered signed by all parties (consent agreement) can be relitagated if dismissed w/o prejudice but have only one time because the second will be with prejudice.

involuntary dismissal- D seeks to dismiss the action because P violated the court rules. if granted, is with prejudice.

default- D failed to timely respond to the complaint (within 21days of service or 60 days)
default judgement- is a judgement on the record (judge does this, clerk is only allowed if p shows D was properly served, deadline to respond has expired, D failed to respond, D is not minor or incompetent, sum owed is certain (judge can have a hearing to determine the damages)
-judge can set aside a default judgement for good cause within 1 year (honest mistake, fraud, some circumstance outside of D’s control).

motion to dismiss- granted if the complaint dont have enough specfic allegations to make it plausible that P could be entitled to relief. (claims of fruad or mistake must be pled with particularity)

jmol/ direct verdict- after p’s evidence or after all evidence presented.

rjmol- within 28 days after entry of judgement. allows a court to order a new trial, let a verdict stand, or jmol because reasonable ppl cant agree that the verdict was correct)

motion for relief from judgement- must be filed within one year of final judgement for: mistake, inadvertence, surprise, excusable, neglect), newly discovered evidence, misrepresentation, misconduct, or fraud HOWEVER can be within a reasonalbe time if: judgement is satisfied, released, or discharged; judgement is void; any other reason that justify relief

relief from fruad, misrepresentation or misconduct gets relief from judgement if a party; withholds key evidence during discovery, bribes a witness or makes false statements to the court or other parties

Motion for a New Trial
Must be filed within 28 days of the verdict, and may be granted for the following:
1) The verdict is against the evidence,
2) Newly discovered evidence,
that could not be discovered b4 verdict and will change outcome. also not for impeachment.
3) Errors of Law made at Trial,
4) Misconduct of Jury or an attorney
(introducing or using evidence gained outside of trial, improperly communicationg with outside parties. giving dishonest testimony during voir dire,
5) Damages are excessive or inaditquate (remitter or addititive)
6) Reasons that support the interest of justice.

notice of appeal- within 30 days of final judgement …or within 10 days if its a injuction.

interlocutory orders ad a matter of right- injunctive order, orders appointingor refusing to appoint a reciever; orders directing the sale or disposal of property; patent order that is final except for accounting; order denying arbitation

writ of mandamus- gives appeals ct authority to review lower ct decisions for abuse of judical au- petitioner: granted if; P has a clear and indisputable right to relief and no alt route to desired relief exists; and writ is proper under the circumstances

Question 23

experts

Answer 23

testifying and consultations

consultation experts are used to help prepare for litigation but is not intended to be called as a witness for trial. there info do not need to be disclosed unless there are exceptional circumstances the makes it impracticable for the parties to obtain info by other means. so if supenaed the ct can quash it.

if called as a witness then counsel must notify the other party of the expert as a trial witness and provide a prepared report by the expert and make the expert available for a deposition.

Question 24

service

Answer 24

summons and complaint- summons tell you that you are summed to appear in ct. complaint 1. ct jurd. 2. what happened that p is entitled to relief (legal conclusion) 3. that damages p is seeking

service is giving D: a copy of the summons(signed by court clerk and identify the parties, the court and plaintiff’s att. as well as when and where to appear) and complaint. D. just file answer in 21 days unless waived service which gives 60 daysfrom day request was sent.

person:
1. deliver the process to D whereever D is
2. leave process at D’s home with someone of suitable discreation who lives there
3. registered agent
4. mail service to D requesting waiver ..also gives D 3 extradays to respond
5. any other method prescribed by the state where the fed ct is located.

corporation:
1. serve process to an officer
2. serve process on a managing agent or genral agent
3. serve process on any agent authorized by appointment or by law to recieve service (register agent)

Question 25

Jury (voire dire and verdicts)

Answer 25

• demand a jury trial must be within 14 days after last pleading; properly served on other parties

-for cause challenges are used to dismiss a potetial juror due to bias which are unlimited but Prememptory challenges are limited to 3 per side

-a proposed jury instruction must be given before the close of all evidence presented to the jury. unless judge gives more time or issues come up that was not reasonably anticipated.

-special verdict- jury make a finding of fact but not on which party should win. general verdict is when a finding answers

-if the verdict and interrogtoies are inconsistent - the judge can order a new trial; order jury to redeliberate; order an appropriate judgement according to the answers

-judges can not add more to what ever jury ordered (admitter) but a judge can reduce findings (remittur) if it is something that will shock the concicous.

-if jury verdicts come back unanimity or assent..judge can order new trial or ask jurors to deliberate further.

• can be new trial if jury misconduct- introducing or using evidence gained outside of trial, improperly communicationg with outside parties. giving dishonest testimony during voir dire.
• if jury verdict is obsessive fed or state ct can grant new trial (award shocks the conscious) or remittitur (award is excessive) or additur (inadaqute *only state ct)..however, a fed ct cant award additure because it violate 7th amd. but state courts can. also, under erie, fed ct must apply state laws and rules which are outcome determinative.

-

Question 26

standards

Answer 26

jmol- in light most favorable to the opposing party

Fed court standards of review for judges
-harmless error- the error that was made did not affect a parties rights - the same result would have occured even if this error didnt happen)
-de novo- legal rulings - from new
-clearly erroneous- factual findings- definite and firm conviction that a mistake of fact haas been made
-abuse of discreation (discrestionary rulings)
-plain error (an error that the parties did not preserve by objecting to it at the time it occured)