Civ Pro Flashcards
Where has proper venue
any federal district where 1) any D resides; 2) a substantial part of the events occurred; 3) property at issue is located; or 4) any D that is subject to PJ
Subject Matter Jurisdiction
Motion for a new trial to alter jury’s award of damages
Default Judgment
when is there no right to a jury trial?
equitable claim: when P seeks nonmonetary remedy since legal remedy is inadequate
OR
amount less than $20 in controversy
Choice of Law
claim preclusion
valid final judgment on the merits precludes identical parties from relitigation identical claims.
When is service by publication proper?
Service by publication is the most reasonable means in the rare instance when the defendant’s identity or address is unknown and unobtainable.
But if the plaintiff knows or can reasonably obtain this information, a more reasonable means of service (e.g., service by mail) must be used.
two dismissal rule on voluntary dismissal
Class cert requirements
- numerosity
- commonality
- typicality
- adequacy
+
the case is one of the following types of class actions:
Prejudicial risk – when separate actions would create a risk of inconsistent decisions regarding the parties or impairing absent class members’ interests
**Common question – when common questions of law or fact predominate over individual questions and a class action is the best method to fairly and efficiently adjudicate the dispute
**
Final equitable relief – when injunctive or declaratory relief is appropriate because the opposing party’s actions generally apply to the whole class
Special Rules for Venue
waiver of process
When a plaintiff requests that a defendant in the U.S. waive service of process, the plaintiff must give the defendant at least 30 days to return the waiver. If the defendant timely waives service of process, then the defendant does not have to serve an answer to the complaint until 60 days after the request was sent.
When to request jury instructions
A party may request jury instructions before or at the close of evidence unless the court sets an earlier, reasonable deadline. Even after the close of evidence, a party can request instructions (1) on issues that could not reasonably have been anticipated by the deadline or (2) with the court’s permission.
Judgment as a matter of law
once a party has been fully heard on an issue at a jury trial, the court may grant a motion for judgment as a matter of law if the court find that there is insufficient evidence for a jury to reasonably to find for that party.
when to use the abuse of discretion standard?
