Civ Pro

Question 1

For a defendant to have such minimum contacts with the forum that the exercise of personal jurisdiction over him would be fair and reasonable, the court must find:

Answer 1

purposeful availment
AND
reasonably foreseeable that activities would make him amenable to suit in the forum

Question 2

When is venue properly based on the jurisdiction in which any defendant resides?

Answer 2

When all defendants are residents of the state in which the jurisdiction is located.

Question 3

When must improper venue be raised?

Answer 3

When defendant files his motion or answer, whichever comes first.

Question 4

If it is determined that an absentee’s interest in the subject matter of the litigation would be affected by a judicial determination of a case, the court has personal jurisdiction over the absentee, and joining him would not destroy jurisdiction or venue, he:

Answer 4

Must be joined as a party to the case.

Question 5

Why might an otherwise-necessary party not be joined to a case?

Answer 5

if the court lacks personal jurisdiction over him, or his presence would destroy diversity or venue.

Question 6

What should a court do if it cannot join an otherwise-necessary party due to lack of PJ or risk of destroying diversity/venue?

Answer 6

The court may proceed without joining the absentee as a party to the case if the court determines that it can shape relief so as to protect that interest.

Question 7

Are ex parte TROs permitted?

Answer 7

Yes, if the moving party gives specific facts in an affidavit or in the verified complaint to establish that immediate and irreparable injury will result to the moving party before the adverse party can be heard in opposition.

Question 8

Are ex parte preliminary injunctions permitted?

Answer 8

No.

Question 9

SMJ standard and time limit

Answer 9

GDMF

Up until 30 days after discovery closes, unless court or local rules say otherwise

Question 10

JNOV (renewed JMOL) standard + time limit

Answer 10

Verdict returned could not have been reached by reasonable persons.

28 days after judgment

Question 11

JMOL standard + time limit

Answer 11

Evidence viewed in light most favorable to nonmoving leads reasonable person to find for movant

After nonmovant’s case but before submission to jury

Question 12

Distinguish MSJ from JMOL

Answer 12

MSJ: no genuine dispute of fact

JMOL: even amidst disputed facts, only reasonable to find for movant

Question 13

Impact of failure to move for renewed judgment as a matter of law or for a new trial

Answer 13

Party is precluded from raising the question of evidentiary sufficiency on appeal

Question 14

If a national newspaper sells a small number of papers in a certain state, may it expect to be hailed into court there?

Answer 14

Yes: the publisher should reasonably anticipate causing injury wherever its newspapers are sold.

Question 15

Does minimum contacts address a party’s statutory or constitutional ticket to court?

Answer 15

Constitutional

Question 16

When an action is filed under the Federal Interpleader Statute, where is proper venue?

Answer 16

Anywhere any defendant resides.

Question 17

Under the Federal Interpleader Statute, where may process be served?

Answer 17

Anywhere in the United States.

Question 18

Notice requirement for in rem action

Answer 18

Persons known to have affected interests must be notified at least by mail.

Question 19

What type of diversity is required for Rule 22 Interpleader?

Answer 19

Complete

Question 20

Do federal courts have jurisdiction over claim between a citizen of a state and a foreign citizen granted permanent residence who resides in the same state?

Answer 20

No, jurisdiction is withdrawn.

Question 21

Compulsory v. permissive counterclaim

Answer 21

Compulsory: arises out of same T/O and need not meet AIC

Permissive: does not arise out of same T/O and must meet AIC

Question 22

If wishing to transfer a state court complaint to federal court on FQ grounds, how should a party proceed?

Answer 22

File notice of removal in federal court, then to the parties and the state court.

Filing the notice of removal effectively transfers to fed court and ends the state court’s jx.

Question 23

Do state courts have concurrent jurisdiction over 1983 claims?

Answer 23

Yes

Question 24

Over what claims do federal courts have exclusive jurisdiction?

Answer 24

bankruptcy, patent, copyright, antitrust

Question 25

If a State A plaintiff files suit against a State B defendant in State B state court for more than $75,000, may State B defendant remove to federal court?

Answer 25

No. A defendant sued in his home state court may not remove to federal court for diversity. He already has home court advantage.

Question 26

Federal Interpleader Act requirements

Answer 26

Simple diversity and $500 AIC

Question 27

Defendants are diverse from plaintiff and each other
AIC is above $75k
Plaintiff files suit in one of defendants’ home state courts
May the other defendant remove to federal court?

Answer 27

No

Question 28

In a class action brought under diversity jurisdiction, whose citizenship determines whether diversity is proper?

Answer 28

Only the citizenship of the named representatives.

Question 29

Time limit for removal based on diversity

Answer 29

One year, unless plaintiff’s bad faith is shown.

Question 30

Qualifications for permissive joinder

Answer 30

Parties may be joined as Ps or Ds when:

some class is made by each P against each D arising from the same T/O
AND
common question of law/fact

Question 31

Can supplemental jurisdiction destroy diversity jurisdiction?

Answer 31

No

Question 32

May a defendant assert a permissive counterclaim with no relation to the plaintiff’s claim/

Answer 32

Yes, so long as there is SMJ.

Question 33

What is the time limitation on a federal court’s leeway to permit amendments by motion?

Answer 33

“freely given when justice so requires”

Question 34

Limit on a plaintiff’s right to amend once as a matter of course

Answer 34

21 days from service of the answer

Question 35

Who may move to strike any insufficient defense or any redundant, immaterial, impertinent or scandalous material from the pleadings?

Answer 35

Court or a party

Question 36

If a defendant has appeared (or taken any formal action implying he intends to contest), even though he hasn’t answered, what must occur for default against him?

Answer 36

Plaintiff files request for default, and defendant receives at least seven days’ notice prior to default hearing.

Question 37

Pleading standards:

• performance of conditions precedent
• denial of performance or occurrence

Answer 37

performance of conditions precedent: generally

denial of performance or occurrence: specifically and with particularity

Question 38

Motion to amend judgment

• time period for filing
• may it be amended?

Answer 38

28 days from entry

no

Question 39

When SMJ based on DoC, for SoL purposes, action is deemed commenced when:

Answer 39

complaint is filed or process is served, depending on the law of the state in which the federal court sits

Question 40

Per the Class Action Fairness Act, who may remove to federal court?

Answer 40

Any defendant, even if she is a citizen of the forum state.

Question 41

Does plaintiff need to reply to an affirmative defense in defendant’s answer?

Answer 41

No: plaintiff is deemed to have denied or avoided the allegation of the defense.

Question 42

What law covers federal courts’ use of procedural remedies such as pretrial seizure, garnishment, attachment, replevin?

Answer 42

Always state law.

Question 43

Does a shareholder derivative complaint need to include the number of members of the class?

Answer 43

No.

Question 44

Diversity requirement for Federal Interpleader Act v. Rule 22

Answer 44

FIA: simple

Rule 22: complete

Question 45

May a federal district court extend the time for filing a motion for new trial or an MSJ?

Answer 45

MSJ

Question 46

When may a party move to strike parts of a pleading?

Answer 46

Before responding to that pleading, or within 21 days after service of pleading if no response is permitted.

Question 47

Must crossclaims arise from the same T/O?

Are they compulsory?

Answer 47

Yes, though they are never compulsory.

Question 48

What is the only compulsory claim in the universe?

Answer 48

Compulsory counterclaim.