Civ Pro

Question 1

how many peremptory challenges are permitted under FRCP?

Answer 1

three

Question 2

what does impleader allow a defendant to do?

Answer 2

allows a defendant to add a nonparty to a suit who may be liable to the defendant for all or part of the P’s claim

Question 3

when may a plaintiff assert claims against a third party defendant joined by imp leader?

Answer 3

the P may only assert third party claims against the 3rd party defendant if the claim
1. arises out of STO of P’s claim against D in original complaint AND
2. satisfies original SMJ on its own

Question 4

what are the circumstances in which the final judgment rule permits immediate appeal?

Answer 4

In Certain Circumstances, An Appeal Can Be Made Prematurely
Injunction, Cert by dist court, class action cert, appointment of receiver, admiralty, collateral-order doctrine, bankruptcy (certain orders), mandamus (petition for writ), patent infringement order (only accounting left)

Question 5

requirements for venue to be proper in a judicial district

Answer 5

proper in Judicial district in which
1. any D resides, if all Ds reside in same state in which district is located;
2. a substantial part of the events or omissions on which the claim is based occurred, or
3. a substantial par of the property that is the subject of the action is located.

Question 6

standard for when transfer is sought on the basis of a forum selection clause in a contract

Answer 6

clause is accorded respect. SCOTUS has held that forum selection clause should be given “controlling weight in all but the most exceptional circs”

most circuit courts treat clause as prima facie valid, set aside only upon strong showing that transfer would be unreas and unjust or that clause was invalid for fraud or overreaching

Question 7

principle for what laws ought be applied in transfer when original venue was proper

Answer 7

court to which action transferred must apply law of state of transferor court, including that state’s rules regarding conflict of law

if improper, transferee court must use laws in state in which it is located, including CoL

Question 8

general constitutional standard for notice in service of process

Answer 8

litigant must be given reasonable notice of the action, under all the circumstances, so as to apprise him of the pendency of the action and allow an opportunity to object

Question 9

FRCP rules for service of a corporation outside US

Answer 9

may be made using any methods available for service of an individual outside the US, except personal delivery

include service in any matter, internationally agreed upon, which is reasonably calculated to give notice. if no agreement exists, service may be effected by any method ordered by court that is not prohibited by laws of the foreign country

Question 10

what is the scope of what discovery is generally permitted?

Answer 10

generally permitted wrt any non privileged matter relevant to any party’s claim or defense

info w/in scope of disco need not be admissible evidence at trial to be discoverable. test is whether info sought is relevant to any party’s claim or defense

Question 11

test for discovery of work product

Answer 11

a party may not discover docs and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative

subject to discovery however if party shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means

Question 12

requirements for application of claim preclusion

Answer 12

1. valid
2. final judgment
3. on the merits
4. precludes same parties (or their privies) from relitigating
5. an identical claim in a subsequent action

Question 13

requirements for application of issue preclusion

Answer 13

1. issue sought to be precluded must be same as in prior action
2. actually litigated
3. determined by valid and binding final judgment
4. determination of issue must have been essential to prior judgment
5. sought against party in original action

Question 14

remedies when party acted with intent to deprive another of properly discoverable materials

Answer 14

1. presumption that info was unfavorable to sanctioned party
2. jury instruction that it may or must presume info was unfavorable, or
3. entry of default judgment against party

Question 15

when does a party have a duty to preserve evidence?

Answer 15

when litigation is reas anticipated, even if not yet commenced

litig must be probable, not mere possibility

must take reas measures to preserve even if destruction policy in place in regular course of business

Question 16

Bulge provision

Answer 16

Fed court has PJ over party served within US judicial district and not more than 100 miles from where summons issued if party is 1. Impleaded or 2. Required party R19

Question 17

class action certification requirements

Answer 17

1. numerosity
2. commonality (common question of law or fact)
3. typicality (named party claims or defenses are typical of class) AND
4. adequacy (name parties will protect class interests)

Question 18

what does the safe harbor sanction rule provide for?

Answer 18

requires the party serving the sanction motion to refrain from filing it for 21 days after service to allow any violation to be correct, such as by dismissing the claim

Question 19

every pleading, motion, or other documents filed must be signed by attorney, thereby certifying that…

Answer 19

1. document is presented for proper purpose (not to harass, cause unnecessary delay, or needlessly increase cost of litigation)
2. claims, defenses, and legal contentions are warranted by existing law or by nonfrivolous argument for revising or establishing law
3. factual assertions have or will have ev support, and
4. factual denials are warranted by evidence / reasonably based on belief / lack of info

Question 20

sufficient AIC? one P vs. one D, two unrelated claims (30k and 50k worth)

Answer 20

yes - aggregation allowed even if claims unrelated

Question 21

sufficient AIC? one P, multiple Ds (D1: claim 40k; D2, claim 60k)

Answer 21

no, unless defendants jointly liable (then aggregation allowed)

Question 22

sufficient AIC? P1 asserts 40k negligence claim; P2 asserts 60k battery claim

Answer 22

no; aggregation not allowed unless Ps enforcing common or undivided interest

Question 23

sufficient AIC? P1 asserts 40k negligence; P1 asserts 40k breach of K; P2 asserts 60k battery

Answer 23

P1s claims aggregate and meet AIC; P2 may only join if STO

Question 24

if a P files suit under federal question jx against a defendant, how should the court treat addition of another defendant under state law?

Answer 24

the fed court may exercise supplemental jx wrt the claim against the second defendant (under fed q jx), so long as the claim shares a common nucleus of operative fact

Question 25

when can a party request jury instructions?

Answer 25

before or at the close of evidence unless court sets earlier, reasonable deadline

after close, party can request instructions (1) on issues that could not reasonably have been anticipated by deadline, or 2. with court’s permission

Question 26

what must a judge do if a jury’s verdict and answers to questions on factual issues are inconsistent?

Answer 26

judge must
1. order a new trial
2. direct the jury to further consider its answers and verdict, or
3. enter a judgment consistent with its answers

Question 27

what are the requirements for subject matter jurisdiction over a STATUTORY federal interpleader action?

Answer 27

AIC of at least 500, and
minimal diversity between at least two claimants

Question 28

what are the subject matter jx requirements for a federal rule interpleader action?

Answer 28

the court must already have jurisdiction over all parties. (fed q, or for diversity, citizenship of party bringing the action must be completely diverse from claimants, and AIC must be met)

Question 29

define interpleader

Answer 29

allows party who holds property (stakeholder) to initiate suit between all claimants to property