Civ Pro

Question 1

Types of Subject Matter Jurisdiction

Answer 1

• Federal Question Jurisdiction
• Diversity Jurisdiction:
• Supplemental Jurisdiction

Question 2

Removal Jurisdiction

Answer 2

Allows defendants to move a case from state court to federal court if the case could have originally been filed in federal court

Question 3

Supplemental Jurisdiction

Answer 3

Allows federal courts to hear additional claims that are related to the original jurisdiction claims, even if they don’t independently meet jurisdictional requirements.

Question 4

Diversity Jurisdiction

Answer 4

Cases between citizens of different states (complete diversity required) and the amount in controversy must exceed $75,000.

Question 5

Types of Personal Jurisdiction

Answer 5

• General Jurisdiction
• Specific Jurisdiction
• Long-Arm Statutes

Question 6

General Jurisdiction

Answer 6

The defendant’s contacts with the forum state are so continuous and systematic that the defendant can be sued there for any claim

Question 7

Specific Jurisdiction

Answer 7

The defendant’s contacts with the forum state give rise to the claim being filed.

Question 8

Long arm Statutes

Answer 8

State laws that allow personal jurisdiction over non-residents who engage in certain activities within the state.

Question 9

Due Process Clause

Answer 9

Requires that the exercise of personal jurisdiction must be fair and reasonable

Question 10

Venue

Answer 10

Venue is proper where any defendant resides if all defendants reside in the same state, where a substantial part of the events occurred, or where the property is located.

Question 11

Change of Venue

Answer 11

transfer of a case to another district for convenience of parties and witnesses, or in the interest of justice.

Question 12

Forum Non Conveniens

Answer 12

Dismissal of a case when another court or forum is significantly more appropriate and convenient for the parties

Question 13

What are the different types of Pleadings

Answer 13

• complaint
• answer
• motions to dismiss

Question 14

Complaint

Answer 14

Must include a statement of jurisdiction, a statement of the claim, and a demand for relief.

Question 15

Answer

Answer 15

The defendant’s response to the complaint, must include defenses and any counterclaims.

Question 16

Motions to Dismiss (generally)

Answer 16

Includes motions for lack of jurisdiction, improper venue, insufficient process, and failure to state a claim upon which relief can be granted.

Question 17

Discovery Tools

Answer 17

Interrogatories, depositions, requests for production of documents, requests for admissions, and physical or mental examinations.

Question 18

Scope of Discovery

Answer 18

Information must be relevant to any party’s claim or defense and proportional to the needs of the case.

Question 19

Privileges (discovery)

Answer 19

Certain communications are protected from disclosure, such as attorney-client privilege and work product doctrine

Question 20

Discovery Sanctions

Answer 20

Penalties for failure to comply with discovery rules, including dismissal of claims or defenses, fines, and attorney’s fees.

Question 21

Motion to dismiss (pretrial motions)

Answer 21

Challenges the legal sufficiency of the opponent’s pleadings

Question 22

Motion for summary judgement (pretrial motions)

Answer 22

Asserts that there are no genuine disputes of material fact and that the movant is entitled to judgment as a matter of law.

Question 23

Motion for Judgement on the Pleadings (pretrial motions)

Answer 23

Similar to a motion to dismiss but filed after the pleadings are closed

Question 24

Notice Pleading

Answer 24

Requires a short and plain statement of the claim showing that the pleader is entitled to relief.

Question 25

Plausibility Standard

Answer 25

Pleadings must state a plausible claim for relief (Twombly and Iqbal standard)

Question 26

Right to a jury trial

Answer 26

Guaranteed by the Seventh Amendment in federal courts for civil cases at law.

Question 27

Jury selection

Answer 27

Process of voir dire to select impartial jurors

Question 28

Plaintiff must prove each element of the claim by a preponderance of the evidence.

Question 29

Directed verdict

Answer 29

A ruling that the plaintiff has not presented sufficient evidence to support a claim.

Question 30

Motion for Judgement as a matter of law (JMOL)

Answer 30

Filed during trial if the opposing party has insufficient evidence to reasonably support its case.

Question 31

Renewed Motion for Judgment as a Matter of Law (RJMOL)

Answer 31

Filed after the jury verdict, asserting that no reasonable jury could have reached the verdict.

Question 32

Motion for a New Trial

Answer 32

Filed if there were errors in the trial that affected the outcome.

Question 33

Appeals

Answer 33

Review of the trial court’s decision by a higher court, limited to issues preserved at trial.

Question 34

Final Judgment Rule

Answer 34

Only final judgments can be appealed, with some exceptions for interlocutory orders.

Question 35

Interlocutory Appeals

Answer 35

Immediate appeals for certain orders, such as injunctions, or under the collateral order doctrine.

Question 36

De Novo Review

Answer 36

No deference to the trial court’s legal conclusions.

Question 37

Clear Error

Answer 37

Deference to the trial court’s factual findings unless clearly erroneous.

Question 38

Abuse of Discretion

Answer 38

Deference to the trial court’s discretionary decisions.

Question 39

Res Judicata (Claim Preclusion) (what are the elements)

Answer 39

A final judgment on the merits, the same parties or their privies, and the same cause of action.

Question 40

Res Judicata (Claim Preclusion) (what is the effect)

Answer 40

Prevents the same parties from relitigating the same claim.

Question 41

Collateral Estoppel (Issue Preclusion) (what are the elements)

Answer 41

A final judgment on the merits, the same issue was actually litigated and determined, and the issue was essential to the judgment.

Question 42

Collateral Estoppel (Issue Preclusion) (what is the effect)

Answer 42

Prevents the same issue from being relitigated by the same parties in future lawsuits.