Civ Pro

Question 1

What happens if a party fails to join certain defenses or objections in a Rule 12(b) motion?

Answer 1

The party may not later raise those objections and defenses.

Question 2

How can service upon a corporation be effected under FRCP?

Answer 2

1) Following state law for serving a summons; 2) Delivering a copy of the summons and complaint to an officer or agent.

Question 3

What must a defendant affirmatively state when filing an answer in federal district court?

Answer 3

Any avoidance or affirmative defense, including the statute of limitations.

Question 4

What is the consequence of failing to plead an affirmative defense as required by FRCP 8(c)?

Answer 4

It results in the waiver of that defense and its exclusion from the case.

Question 5

What must the movant show to be granted summary judgment?

Answer 5

There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Question 6

What can the nonmoving party do to avoid summary judgment?

Answer 6

Respond with admissible evidence of specific facts showing a genuine issue for trial.

Question 7

What are the four ways to add parties in a lawsuit?

Answer 7

• Required joinder
• Permissive joinder
• Intervention
• Impleader

Question 8

What is required for compulsory joinder under FRCP 19(a)(1)?

Answer 8

A person is a required party if their absence prevents complete relief among existing parties.

Question 9

What must a court determine if joinder of a required party is not feasible?

Answer 9

Whether the action should proceed among the existing parties or be dismissed.

Question 10

Under what conditions can persons be joined as defendants in one action under FRCP 20(a)(2)?

Answer 10

1) Right to relief is asserted against them jointly or severally; 2) Common question of law or fact.

Question 11

What is the purpose of impleader under FRCP 14(a)?

Answer 11

Allows a defendant to bring a third-party complaint against a nonparty who may be liable for all or part of the claim.

Question 12

What does the compulsory counterclaim rule require in federal courts?

Answer 12

A defendant must include any claim against the plaintiff that arises out of the same transaction or occurrence.

Question 13

What is collateral estoppel?

Answer 13

A doctrine that precludes re-litigation of factual issues that were conclusively established in a prior case.

Question 14

What must a party establish to assert collateral estoppel?

Answer 14

• Previous determination was necessary to the decision
• Identical issue was previously litigated
• Issue was actually decided
• Party was adequately represented

Question 15

What is spoliation of evidence?

Answer 15

Destruction or alteration of evidence that is relevant to litigation.

Question 16

What does Rule 11 of the FRCP require regarding pleadings and motions?

Answer 16

Must be signed by an attorney or party, certifying they are not for an improper purpose.

Question 17

What must happen before seeking sanctions under Rule 11?

Answer 17

The opposing party must be given 21 days to withdraw or correct the challenged pleading.

Question 18

What types of sanctions can be imposed under Rule 11?

Answer 18

• Monetary
• Nonmonetary

Question 19

What does the 100-mile bulge rule establish?

Answer 19

Personal jurisdiction over a defendant served within 100 miles of where the summons was issued.

Question 20

What must be met for a federal court to exercise personal jurisdiction over a defendant?

Answer 20

Sufficient minimum contacts with the forum state.

Question 21

What are the two types of minimum contacts?

Answer 21

• General jurisdiction
• Specific jurisdiction

Question 22

What is required for general jurisdiction?

Answer 22

Contacts must be systematic and continuous, rendering the defendant essentially at home in the forum state.

Question 23

What is required for jurisdiction over a non-resident?

Answer 23

An applicable long-arm statute must exist.

A long-arm statute allows a court to reach beyond its state boundaries to exercise jurisdiction over non-residents.

Question 24

What are the two types of minimum contacts?

Answer 24

• General Jurisdiction (GJ)
• Specific Jurisdiction

Minimum contacts determine the extent to which a court can exercise jurisdiction over a defendant.

Question 25

What does General Jurisdiction (GJ) require?

Answer 25

Contacts must be 'systematic and continuous' or 'constant and pervasive' to render the defendant 'essentially at home' in the forum state. ## Footnote The Supreme Court has limited the 'essentially at home' standard to domicile.

Question 26

What is the Relatedness Rule in General Jurisdiction?

Answer 26

The cause of action does not need to be related to contacts with the forum. ## Footnote This applies when General Jurisdiction is established.

Question 27

What are the requirements for Specific Jurisdiction?

Answer 27

* Defendant purposefully availed itself to the forum * It is reasonably foreseeable that the defendant would be haled into court in the forum * The claim arises out of the defendant’s contacts with the forum ## Footnote Specific jurisdiction focuses on the relationship between the defendant and the forum state.

Question 28

What must be considered for fairness in exercising personal jurisdiction?

Answer 28

Traditional notions of fair play and substantial justice must not be offended. ## Footnote The defendant must provide a compelling case for fairness to outweigh minimum contacts.

Question 29

What are the two types of Subject Matter Jurisdiction (SMJ)?

Answer 29

* Federal Question Jurisdiction * Diversity Jurisdiction ## Footnote SMJ determines the court's authority to hear a case based on the nature of the claims.

Question 30

What does Federal Question Jurisdiction cover?

Answer 30

Claims that arise under the U.S. Constitution, federal law, or treaty. ## Footnote This type of jurisdiction allows federal courts to hear cases involving federal statutes.

Question 31

What are the requirements for Diversity Jurisdiction?

Answer 31

* Complete diversity * Amount in controversy exceeds $75,000 ## Footnote Diversity jurisdiction prevents state bias in cases involving parties from different states.

Question 32

How is individual domicile determined for diversity purposes?

Answer 32

By the domicile at the time of the lawsuit, which continues until changed. ## Footnote A person can change domicile by moving to a new jurisdiction with the intent to remain indefinitely.

Question 33

What is dual citizenship for corporations in diversity jurisdiction?

Answer 33

Corporations are citizens of the state where they are incorporated and the state of their principal place of business (PPOB). ## Footnote PPOB is where corporate officers direct and control activities, often its headquarters.

Question 34

How is citizenship determined for LLCs in diversity jurisdiction?

Answer 34

An LLC's citizenship is the same as the citizenship of each of its members. ## Footnote This means that the citizenship of all members is considered for diversity purposes.

Question 35

What are the requirements for federal courts to exercise diversity jurisdiction over class actions?

Answer 35

* Amount in controversy exceeds $5,000,000 * Any member of a class of plaintiffs is a citizen of a state different from any defendant ## Footnote This is known as minimal diversity.

Question 36

What is the sua sponte determination regarding subject matter jurisdiction?

Answer 36

Federal courts must inquire into their own subject matter jurisdiction even if neither party raises the issue. ## Footnote A court must dismiss an action if it lacks subject matter jurisdiction.

Question 37

What are the steps for removal from state to federal court?

Answer 37

* File a notice of removal in federal district court * Must be within 30 days of receipt of initial pleading * Include a statement of the basis for federal jurisdiction * Serve notice to all adverse parties * File a copy with the state court ## Footnote Removal is automatic once the state court receives the notice.

Question 38

What does Supplemental Jurisdiction allow?

Answer 38

Federal courts may hear additional claims that form part of the same case or controversy under Article III. ## Footnote Claims must derive from a common nucleus of operative fact.

Question 39

What is a cross-claim under FRCP Rule 13(g)?

Answer 39

A defendant's answer may state a cross-claim against a co-defendant that arises out of the same transaction or occurrence. ## Footnote This allows for related claims to be litigated together.

Question 40

What factors do federal courts consider for 'same transaction or occurrence'?

Answer 40

* Issues of fact and law are essentially the same * Same evidence supports or refutes both claims * Logical relationship between claims * Res judicata considerations ## Footnote These factors help determine if claims are sufficiently related.

Question 41

What did Erie Railroad Co. v. Tompkins establish?

Answer 41

Federal courts in diversity must look to state law for substantive rules of decision. ## Footnote Federal law governs procedural matters even if it affects litigation outcomes.

Question 42

What did the Court conclude in Shady Grove regarding class actions?

Answer 42

Class actions can be maintained in federal court despite state law if authorized by Rule 23. ## Footnote Rule 23 is a procedural rule under the Rules Enabling Act.

Question 43

What is the Final Judgment Rule in federal courts?

Answer 43

Parties may appeal only from final judgments that end litigation on the merits. ## Footnote A final judgment leaves nothing for the court to do but execute the judgment.

Question 44

What is the Collateral Order Doctrine?

Answer 44

Allows immediate appeal from an interlocutory order that conclusively determines an important issue independent of the merits. ## Footnote This doctrine ensures that significant issues can be appealed promptly.

Question 45

What is Pendent Appellate Jurisdiction?

Answer 45

Allows appellate courts to review non-final orders if they are 'inextricably intertwined' with an appealable order. ## Footnote This ensures meaningful review of related rulings.