Civ Pro

Question 1

Motion for Judgment as a Matter of Law

Answer 1

The evidence must be viewed in the light most favorable to the opposing party.

The evidence cannot support a contrary verdict.

If an issue turns on the credibility of a witness, then the issue is for the jury to decide, and the motion cannot be granted.

The movant may file a renewed motion for judgment as a matter of law no later than 28 days after the entry of judgment.

Question 2

Basis for Exercising General In Personam Jurisdiction over a Defendant

Answer 2

Domicile; Consent; Physical presence

Question 3

Issue Preclusion

Answer 3

A default judgment cannot have an issue preclusion effect.

Question 4

GA: Personal Jurisdiction over Nonresident Corporations

Answer 4

The exercise of personal jurisdiction over foreign corporations must not offend traditional notions of fair play and substantial justice.

A corporation authorized to do business in Georgia is a resident of Georgia for personal jurisdiction purposes.

A corporation not authorized to do business in Georgia is only subject to personal jurisdiction under the long-arm statute.

Question 5

GA: Ante Litem Notice to the State

Answer 5

Notice must be given within 12 months of the injury.

Question 6

GA: Residency of Corporations for Venue Purposes

Answer 6

Generally, a corporation resides in any county where it has a registered office or where it last had a registered or principal office.

For tort or injury claims, the corporation is a resident of the county where the cause of action originated if the corporation has an office and transacts business in that county.

For garnishment proceedings, a corporation is a resident of the county where the corporate office or place of business where the employee who is the defendant in the main action is employed.

Question 7

GA: Cross-Claims and Counterclaims

Answer 7

A compulsory counterclaim need not be raised if it is the subject of another pending action.

A compulsory counterclaim need not be asserted if the claim is outside the court’s jurisdiction.

Permissive counterclaims must be separated for trial unless the parties otherwise agree.

A cross-claim is treated as compulsory in Georgia.

Question 8

GA: Voluntary Dismissals

Answer 8

A plaintiff can voluntarily dismiss a case before the first witness is sworn.

If a defendant has already pleaded a counterclaim, then the action will not be dismissed unless the defendant agrees or the counterclaim can remain pending for independent adjudication by the court.

A voluntary dismissal is without prejudice.

Question 9

Settlement of a Certified Class

Answer 9

The claims, issues, or defenses of a certified class may be voluntarily settled, compromised, or dismissed only with the approval of the court.

A class action may be settled even if some of the class members do not accept the proposed settlement. Those class members must be given the opportunity to opt out of the settlement and proceed on their own

Question 10

Venue

Answer 10

Venue is proper where the defendant resides and, for a defendant who is not a resident of the United States, the defendant is deemed to be a resident of any judicial district.

Question 11

Jury Verdicts

Answer 11

Under the federal rules, the verdict of a civil jury must be unanimous unless the parties otherwise agree. When polling reveals that the verdict is not unanimous, the court is not required to order a new trial, but may instead order the jurors to deliberate further.

Question 12

Cross-Claims

Answer 12

A cross-claim may be asserted by a defendant against another defendant or by a plaintiff against another plaintiff if the cross-claim arises out of the same transaction or occurrence as the initial claim, without regard to the amount in controversy or the citizenship of the parties to the cross-claim as long as the court has subject matter jurisdiction. A cross-claim falls under the supplemental jurisdiction of the court.

Question 13

What Law to Apply: Substantive or Procedural; State or Federal

Answer 13

If an action is based on a federal question claim, then federal substantive and procedural law will control, as well as federal common law.

A federal district court with diversity jurisdiction generally must apply the substantive law of the state in which it is located unless a federal statute applies. In determining a state’s substantive law, the district court will be bound by the rulings of the forum state’s highest court.

Question 14

Preliminary Injunction

Answer 14

A plaintiff seeking a preliminary injunction must establish that: (i) she is likely to succeed on the merits; (ii) she is likely to suffer irreparable harm in the absence of relief; (iii) the balance of equities is in her favor; and (iv) the injunction is in the best interest of the public. All four of these factors must be satisfied.

Question 15

Supplemental Jurisdiction Claims

Answer 15

If the original claim is based on federal-question jurisdiction, then a nonfederal claim may be joined only if diversity jurisdiction exists or if the two claims are part of the same case or controversy as the federal claim such that supplemental jurisdiction applies.

Question 16

Timeframes

Answer 16

A demand for a jury trial must be served within 14 days after service of the last pleading directed to the issue that is sought to be tried by a jury.

Unless the court orders otherwise, a party must respond to an amended pleading within the later of 14 days after service of the amended pleading or the time remaining for response to the original pleading.

A motion for relief from judgment under Rule 60(b) must be filed within a reasonable time and no later than one year following the entry of the judgment.

A party may file a motion for a new trial within 28 days of the entry of judgment.

Question 17

Class Action Fairness Act (CAFA)

Answer 17

Under the Class Action Fairness Act (CAFA), the class must have at least 100 members.

Question 18

Res Judicata

Answer 18

The doctrine of claim preclusion (res judicata) provides that a final judgment on the merits of an action precludes the parties from successive litigation of an identical claim in a subsequent action.

Question 19

Erie Doctrine

Answer 19

Under Erie analysis, procedural matters would generally be determined by Federal law. However, Federal law is silent on the right to a jury trial in cases at equity, which is the case in this question because the plaintiff is seeking injunctive relief, rather than money damages. Since both Federal and state law can be applied harmoniously, state law can be applied here. In diversity actions, when determining which state’s law applies, a federal district court is generally bound by the conflict-of-law rules of the state in which the district court is located. Under this analysis, questions about the right to a jury trial are considered procedural and are determined by the law of the forum state.

Question 20

Waiver of Lack of PJ

Answer 20

Pursuant to Rule 15(a)(1)(a), a party may amend its pleading once as a matter of course within 21 days after serving it. Under Rule 12(h)(1)(B), a party waives the defense of lack of personal jurisdiction by failing to include it in a pre-answer motion, a responsive pleading, or in an amendment allowed by Rule 15(a)(1), as a matter of course.

Question 21

Substantive v. Procedural

Answer 21

Substantive:
The elements of a claim or defense in tort are considered substantive and are generally controlled by state law in a federal diversity action.
S.O.L and tolling provisions
Burden of proof

Procedural:
Judge-jury allocation
Assessment of attorney’s fees
Equitable v. legal

Question 22

Standards of Review

Answer 22

Abuse of Discretion:
determination of admissibility of evidence is within the court’s discretion.

Clearly Erroneous:
applies to federal courts findings of facts.

De Novo:
applies to appellate review of legal rulings. Appeals court will use the trial court’s record, but reviews the evidence and law without deference to the trial court’s rulings.

Harmless Error:
Used by an appellate court to determine whether a district court’s admission of evidence in error affected a party’s substantial rights. The court must disregard all errors that do not affect any party’s substantial rights.