Civ Pro

Question 1

when is claim compulsory

Answer 1

same transaction or occurrence

Question 2

how do you get personal jdx

Answer 2

General: resident ∆ or served in state

Specific: minimum contacts and evidence of purposeful availment. Must satisfy traditional notions of FairPlay and substantial justice

Question 3

How do you get subject matter jdx

Answer 3

federal question

diversity

supplemental

Question 4

when can you not do supplemental even if you have the same common nucleus of operative fact

Answer 4

diversity: destroys diversity

federal question: state claim substantially predominates or federal claims all dismissed

Question 5

where can ∆ remove to

Answer 5

anywhere that π could have filed originally

but can’t remove if ∆ already has home state advantage

Question 6

where is venue proper

Answer 6

I. all ∆s live in same state: any district where a ∆ resides

ii. where substantial part of events occurred

iii. if none of the above, anywhere with jdx over one ∆

Question 7

what if venue was proper but there’s a better one

Answer 7

court can transfer

Question 8

what if venue was improper

Answer 8

can transfer or dismiss

Question 9

when does eerie occur

Answer 9

federal diversity or supplemental claim based on state law

Question 10

rule for eerie

Answer 10

federal court must apply federal procedural and state substantive

Question 11

test for if it is substantive

Answer 11

is it outcome determinative

Question 12

some stuff that is always substantive

Answer 12

SOL, elements of claims or defenses, burden of proof

Question 13

what conflict of law rules does federal court apply

Answer 13

the state it is in

Question 14

requirements for class action

Answer 14

1. numerosity
2. commonality
3. typicality
4. adequacy

Question 15

diversity rules for class action

Answer 15

1. regular case: one diverse class rep and over 75k
2. class action fairness act: at least 100 members, 5million, and any π is diverse from any ∆

Question 16

how long do you have for service of process

Answer 16

90 days from complaint

Question 17

methods of service

Answer 17

To ∆,
∆’s place of abode if left with person of suitable age and discretion,
or ∆’s agent

To corporation ∆, office is ok

Question 18

how long does ∆ have to reply to complaint

Answer 18

21 days or 60 if waives service

Question 19

what does TRO do

Answer 19

Preserves status quo until court can decide

Good for up to 14 days, then need consent or good cause

Question 20

when can TRO be issued without notice to ∆

Answer 20

• Immediate and irreparable injury will result
• Movant’s attorney certifies that they tried to give notice
• And gives reason why notice shouldn’t be required

Question 21

when is preliminary injunction issued

Answer 21

• Π is likely to succeed on the merits
• Π is likely to suffer irreparable harm without it
• Balance of equities is in π’s favor
• Injunction is in public interests

Question 22

test for motion to dismiss

Answer 22

1) reject all legal conclusions, 2) treat all well pleaded facts as true and see if there’s a viable case

Question 23

test for motion for judgment on pleadings

Answer 23

if nothing is in dispute

Question 24

when can you amend

Answer 24

once as of right within 21 days but court should freely give leave

Question 25

rule for relating back for a claim

Answer 25

relates back to date of original if amendment asserts claim or defense that arose out of same transaction or occurrence

Question 26

rule for relating back for a new ∆

Answer 26

works if

• New party receives notice within 90 days of original complaint being filed
• ∆ knew or should’ve known about action but for mistake of identity

Question 27

what does attorney signing warrant for rule 11

Answer 27

 Not improper
 Warranted by law or nonfrivolous argument for law change
 Have or will have evidentiary support
 Denials are warranted or reasonably based on belief

Question 28

what is the safe harbor

Answer 28

have to give attorney 21 days to fix it before filing rule 11 sanctions

Question 29

how long do you have to appeal

Answer 29

within 30 days of judgment

Question 30

how long do you have to file renewed judgment as matter of law

Answer 30

within 28 days after judgement (must have already raised it once)

Question 31

what does interpleader do

Answer 31

Allows person holding property (stakeholder) to force all claimaints into one suit

Question 32

Federal interpleader rule

Answer 32

o Ps: persons with claims that may expose π to liability can be forced to come together in one suit though they lack common origin and are adverse and independent

o Ds: exposed to similar liability may seek interpleader through cross or counter claim

Question 33

what is impleader

Answer 33

Defending party can implead nonparty for liability on original claim

Can be asserted any time but need permission if more than 14 days after original answer

Must have original subject matter jdx OR supplemental jdx

Question 34

how many written interrogatories per party?

how many oral depositions per party?

Answer 34

25 written

10 oral

Question 35

when is summary judgement granted

Answer 35

No genuine dispute as to any material fact

Court will construe all facts in favor of nonmovant and decide

Question 36

standard of review for review of trial court’s factual findings

Answer 36

clearly erroneous

Question 37

standard of review for review of legal rulings

Answer 37

de novo

Question 38

standard of review for - review of discretionary rulings:

Answer 38

abuse of discretion

Question 39

elements of claim preclusion (res judicator)

Answer 39

o Valid final judgement on merits
o Same claim
o Same parties

Question 40

elements of issue preclusion (collateral estoppel)

Answer 40

o Same issue
o Actually litigated
o Valid final judgment
o Issue was essential to judgement

Question 41

final judgement rule

Answer 41

can only appeal after final judgements

few exceptions:
multiple claims, court says no reason to delay,
injunction,
certification,
bankruptcy

Question 42

what is a special verdict

Answer 42

Written finding made by jury on each issue of ultimate fact

Then judge determines legal consequence of those facts

Question 43

what is a general verdict

Answer 43

Normal kind

Jury decides who wins, and damages

Question 44

what is a general verdict with special interrogatories

Answer 44

Combines both special and general, ensures the jury evaluates each material fact

Question 45

what if the interrogatory answers are not consistent with general verdict

Answer 45

court can:
Approve a judgement consistent with the answers

Direct jury to reconsider

Order new trial

Question 46

a temporary restraining order must have

Answer 46

i. reasons why issued
ii. reasonable description of prohibited acts
iii. specific terms

Question 47

requirements for compulsory joinder of parties

Answer 47

1. party must be necessary
2. must be PJ over new party
3. must be SMJ over new party (can’t destroy diversity)

Question 48

what if adding new party would destroy diversity (compulsory joinder)

Answer 48

party is indispensable: court has to dismiss
party not indispensable: go ahead without them

Question 49

what is a necessary party for joinder

Answer 49

1. court can’t give full relief without that party
2. party might be harmed by not joining
3. risk of inconsistent judgement or double liability

Question 50

factors to determine if party is indispensable for joinder

Answer 50

1. extent to which it would prejudice parties not to have them
2. extent to which prejudice could be reduced or avoided by protective provisions
3. whether judgement rendered would be adequate
4. whether plaintiff would have adequate remedy if court dismissed for this