Civ Pro

Question 1

Grounds for federal subject matter jurisdiction (smj) – FARS

Answer 1

F- Federal question
A- Amount and diversity jurisdiction
R- Removal jurisdiction
S- Supplemental jurisdiction

Question 2

Required complaint contents – JARR

Answer 2

J- Jurisdiction
A- Allegation of facts
R- Right to relief
R- Relief requested

Question 3

Pleading amendments allowed unless – BUUE

Answer 3

B- Bad faith
U- Undue influence
U- Unfair prejudice
F- Futility

Question 4

Class action lawsuit reqs – CULP

Answer 4

C- Common questions of laws/facts
U- Usual and typical claim
L- Large membership
P- Protection of all class members adequate

Question 5

Methods of discovery – PRIDE

Answer 5

P- Production of documents
R- Requests for admission
I- Interrogatories
D- Depositions
E- Examinations (physical and mental)

Question 6

Discovery protective orders prohibition – DUOP

Answer 6

D- Duplicative
U- Unduly burdensome
O- Oppressive
P- Protect a trade secret

Question 7

Remedies for discovery abuse – POSE

Answer 7

P- Protective orders
O- Orders compelling discovery
S- Sanctions for violation of order
E- Exclusion of witness

Question 8

Factors for granting equitable relief/injunction – RAMP

Answer 8

R- Risk of irreparable harm
A- Appropriate weight of harm distribution
M- Merit success likelihood
P- Public interest

Question 9

Basis for juror challenged for cause – LIB

Answer 9

L- Lack of qualifications
I- Incapacity
B- Bias (actual or implied)

Question 10

Grounds for a new trial – JET

Answer 10

J- Juror misconduct
E- Errors of law
T- Timeliness of motion

Question 11

Res judicata reqs – SCAP

Answer 11

S- the Same
C- Claim
A- And
P- Parties are necessary

Question 12

Collateral estoppel – SAFEN

Answer 12

S- Same facts and questions as in prior case that was
A- Actually at issue in litigation resulting in a
F- Final binding judgment in which the issue was
E- Essential and
N- Necessary to the decision

Question 13

Dismiss p’s complaint with SPARE RIBS

Answer 13

S- Statute of limitations
P- Payment
A- Arbitration & award
R- Release given by plaintiff
E- collateral Estoppel

R- Res judicata
I- Infancy or incompetency
B- P’s claim was discharged in Bankruptcy by D
S- Statute of frauds

Question 14

Summary judgment has LIPS to kiss

Answer 14

L- motion can be decided as matter of Law
I- there are not factual Issues of material fact that have to be litigated
P- court can grant Partial summary judgment
S- court can Search the record, but only on issues or claims raised in motion papers

Question 15

Preliminary injunction won’t be granted unless P tells a LIE

Answer 15

L- Likelihood to succeed on the merits
I- Irreparable injury’s occurring or will occur to plaintiff unless prelim. injun. is granted
E- Equities when balanced by court clearly in P’s favor

Question 16

Venue is determined by TLC

Answer 16

T- Transitory action
L- Local action
C- action to recover Chattel (replevin)

Question 17

Local actions are WASP MEN

Answer 17

W- action for tort of Waste
A- Action involving leasehold
S- Specific performance of real prop. k
P- Partition of reality that concurrently owned

M- Mortgage foreclosure
E- Ejectment action
N- Nuisance action

Question 18

Grounds for personal jurisdiction – DIAL DC

Answer 18

D- D is a domicile of state X
I- In state service on a non-domicile D
A- serving an Agent designated by the D to accept service
L- Long arm (statute) jurisdiction over a non-domiciliary

D- D is doing business in state X
C- D Consents to state X jurisdiction

Question 19

Due process reqs – MOP

Answer 19

M- some Minimum contact with state X
O- Opportunity to be heard
P- been Properly served with process

Question 20

Long arm jurisdiction (specific jurisdiction) arises from a RIOT in the state

Answer 20

R- non-domiciliary D uses Real property within the state
I- D commits tort In that state
O- D commits tort Outside of state that cause injury in state
T- D Transacted business in the state

Question 21

Fed court can decline supplementary jurisdiction to hear claim because of COP

Answer 21

C- state law presents a Complex/novel issue
O- fed court dismissed Original claim on the merits
P- state law Predominates over fed claim

Question 22

Service of process is made by SAD MIC

Answer 22

S- delivered to a person of Suitable age and discretion, mail copy, then file
A- Agent service
D- Due diligence- nail, mail, &, file

M- Mailing process to D who must then consent to such service
I- In hand person delivery to the D
C- Court invented service

Question 23

Use a PAID MAID for pre-trial discovery

Answer 23

P- Physical exam
A- request for Admission
I- written Interrogatories
D- Depositions

M- Mental exam
A- demand for Address
I- Inspection of evidence
D- Discovery of evidence

Question 24

Can object to questions during deposition when – A CLAM BAR

Answer 24

A- Ambiguous questions

C- Compound questions (asking 2 questions at once)
L- Leading question on direct exam
A- Argumentative and badgering question
M- Misquoting an earlier statement

B- an overly Broad question
A- Assuming a fact not in evidence when asking question
R- Redundant question on direct exam (previously asked and answered by witness)