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MEE’s For MBE Topics > Civ Pro > Flashcards

Civ Pro Flashcards

1
Q

What are the six categories of issues in civil procedure?

A
  • Forum choice
  • Scope of the action
  • Discovery
  • Adjudication
  • Appeal
  • Preclusion of Claims/Issues
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2
Q

Define SUBJECT MATTER JURISDICTION (SMJ).

A

Power of the court over the subject matter.

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3
Q

What constitutes a federal question in civil procedure?

A

Plaintiff’s claim is based on federal law.

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4
Q

What is required for diversity jurisdiction?

A
  • Complete diversity of citizenship between plaintiffs and defendants
  • Amount in controversy exceeding $75,000
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5
Q

How is citizenship determined for individuals?

A

The state where a party is domiciled.

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6
Q

How is citizenship determined for corporations?

A
  • State(s) where incorporated
  • State where principal place of business is located
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7
Q

What is supplemental jurisdiction?

A

Discretionary power of the court to exercise jurisdiction over added claims.

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8
Q

What is the rule for a court with SMJ over a claim regarding other claims?

A

A court may hear other claims if they share a common nucleus of operative fact (CNOF).

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9
Q

What is the procedure for removal of a case from state court to federal court?

A

File a notice of removal within 30 days of service; all defendants must consent.

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10
Q

What limitations exist for removal based on diversity?

A
  • Cannot remove if any defendant is a citizen of the state where the claim is filed
  • Notice to remove must be filed within one year after action commenced
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11
Q

Define personal jurisdiction (PJ).

A

Power of the court over the persons or property.

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12
Q

What are the bases for personal jurisdiction?

A
  • Presence
  • Domicile
  • Consent
  • Long-arm statute
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13
Q

What is the difference between general and specific jurisdiction?

A
  • General: Domiciled in the state or continuous and systematic contacts
  • Specific: Claim arises out of or is closely related to D’s contact with the forum state
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14
Q

What does due process require in relation to personal jurisdiction?

A

Sufficient minimum contacts between a party and the forum state.

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15
Q

What are the methods of service of process on individuals in the U.S.?

A
  • Personal ‘in hand’ service
  • Leaving at D’s usual place of abode
  • Delivering to D’s agent
  • Other method allowed by state law
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16
Q

What is the rule regarding notice and service of process?

A

Due process requires notice reasonably calculated to apprise D of the action.

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17
Q

What is the proper venue for a federal action?

A

Where any D resides or where a substantial part of the claim arose.

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18
Q

What is the Erie Doctrine?

A

A federal court sitting in diversity will apply its own procedural rules but the substantive law of the state in which it sits.

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19
Q

What is the purpose of a complaint in civil procedure?

A

To provide notice to the opposing party.

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20
Q

What is the time limit for a defendant to respond to a complaint?

A

21 days of service of process.

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21
Q

What are compulsory counterclaims?

A

Claims that arise from the same transaction or occurrence as P’s claim.

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22
Q

What is the relation back doctrine in amended pleadings?

A

An amended pleading will relate back to the date of the original pleading if it involves the same transaction or occurrence.

23
Q

What is required for an amended pleading to relate back when changing a party?

A

Must involve the same transaction or occurrence and the party must receive notice within 90 days.

24
Q

What is the Relation Back Doctrine?

A

An amended pleading will relate back to the date of the original pleading if it involves the same transaction or occurrence and provides notice to the opposing party.

This applies when adding a claim that arises out of the same transaction or occurrence.

25
What must changing a party involve under the Relation Back Doctrine?
The same transaction or occurrence and the party must receive notice within 90 days of filing of complaint and know or have reason to know the action should have been brought against him.
26
What is required for certification under Rule 11?
Signature of attorney or pro se party on every pleading or motion, certifying the filing was made after reasonable inquiry and for a proper purpose.
27
How may sanctions be initiated?
By motion or by the court on its own motion.
28
What are the general requirements to join a party?
The requirements of SMJ, PJ, and venue must be met.
29
What is a necessary party?
A party whose joinder is necessary for a just adjudication will be joined if feasible, unless it would destroy diversity.
30
What is an indispensable party?
The action may be dismissed if joinder is not feasible, thereby making the non-joined party indispensable.
31
What is intervention in civil procedure?
A nonparty files a timely motion to join the lawsuit.
32
What are the types of intervention?
* As of right * Permissive
33
What is impleader?
A nonparty is joined by defendant based on a claim of indemnity or contribution.
34
What is interpleader?
Forces all claimants to a property into a single lawsuit to settle property rights.
35
What are the requirements for a class action?
* Commonality * Adequacy * Numerosity * Typicality
36
What is the Class Action Fairness Act (CAFA)?
Allows very large actions involving 100+ members with $5 million+ at stake to proceed with minimal diversity.
37
What must initial disclosures include?
* Names and addresses of persons with discoverable information * Copies or descriptions of documents and items * Computation of damages and insurance agreement * Expert disclosures
38
What is the general rule for the scope of discovery?
Any non-privileged matter relevant to a claim or defense is discoverable, proportional to the needs of the case.
39
What items are not discoverable?
* Privileged information * Work product * Experts retained in anticipation of trial but not expected to testify
40
What is a Temporary Restraining Order (TRO)?
Urgent order to stop conduct for a short time to preserve the status quo pending a preliminary injunction hearing.
41
What are the elements required for a Preliminary Injunction?
* Likelihood P will succeed on the merits * Irreparable harm for which there is no remedy at law * Balance of the hardships favors P * Best interests of the public
42
What is claim preclusion (Res Judicata)?
A final judgment on the merits precludes the parties from litigating the claims again.
43
What are the elements of issue preclusion (Collateral Estoppel)?
* Valid final judgment on the merits * Same issue * Actually litigated * Essential to the judgment
44
What is the standard for a Motion for Summary Judgment?
There is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
45
What is the timing for filing a notice of appeal?
Generally must be filed within 30 days after the judgment/order is entered.
46
What is the Final Judgment Rule?
Only a final judgment on the merits may be appealed.
47
What is a Motion for a New Trial?
Must be made within 28 days after the entry of judgment, and grounds include trial error, newly discovered evidence, or prejudicial misconduct.
48
What is the concept of Due Process limitations?
Due Process limitations refer to the restrictions that ensure fair treatment through the judicial system.
49
What is mutuality in the context of issue preclusion?
Mutuality means that issue preclusion can only be used against or by a party who was involved in the earlier claim.
50
Define nonmutual use in issue preclusion.
Nonmutual use occurs when issue preclusion is applied by a party in a later claim who was not a party in the earlier claim.
51
What is defensive nonmutual use?
Defensive nonmutual use is allowed when a defendant asserts issue preclusion against a party who had a full opportunity to litigate in the earlier case.
52
What is offensive nonmutual use?
Offensive nonmutual use is permitted at the court’s discretion; if the plaintiff could have joined the earlier action, the court may not allow it.
53
When can a court issue an immediate appeal of a case before issuing a final judgment on the merits?
If there are **multiple claims** or parties, an immediate appeal is possible if the court determines there is **no just reason for delay** and enters a final judgment on those claims.
54
What are the factors courts consider to grant an immediate appeal of multiple claims before issuing a final judgment on the original claim?
1. The **length of time** it may take to resolve the case as a whole 2. The **hardship** to the party if an immediate appeal is not allowed 3. The **relationship** between the two claims 4. Whether the appeal can be **fairly decided** even though other issues have not been adjudicated

MEE’s For MBE Topics (8 decks)

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