civ pro Flashcards

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1
Q

balancing test to determine if a suit should be dismissed b/c a necessary party cannot be joined

A

courts balance pajard
- whether Prejudiced by absence
- whether possible to Avoid or lessen prejudice
- whether judgment rendered in Absence Adequate
- whether Adequate Remedy to p on Dismissal

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2
Q

affirmative defenses

A

ascertained by element s3c2f
- self-defense
- statute of frauds
- statute of limitations
- claim preclusion
- contributory negligence
- fraud

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3
Q

venue

A

property in the ALPs
- all d’s reside
- location where claim arose
- personal jx

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4
Q

mandatory disclosures

A

need an iep
- initial disclosures
- expert testimony disclosures
- pre-trial disclosures

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5
Q

responses to requests for admissions

A

can say ado
- admit
- deny
- object

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6
Q

what interlocutory orders are appealabe

A

rippa
- receivership
- injunctions
- property sale and disposition
- patent orders final but for final accounting
- arbitration denials

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