Civ Pro Flashcards
Jury verdict that D was liable for negligence… and awarded a crazy excessive damages to P. Cxt concluded damages were excessive - orders new trial solely on damages.
can the court limit a new trial to one issue, such as damages?
trial court has discretion to grant a motion for a new trial on all OR some of issues for a variety of reasons, including excessive verdict
Can federal courts exercise SMJ or PJ over a foreign defendant?
Yes - federal courts may exercise PJ over foreign D’s through a state long -arm statute
Federal law grants SMJ over alienage cases, in which one party is a citizen fo the US and th other party is foreign citizen
If a citizen wants to sue the President for a violation of his second amendment right, in which there is no stated private right of action, what is the best motion for the President to file?
Motion to dismiss for failure to state a claim upon which relief can be granted 12b6
§1983 - violation of const rights by a federal official in its judicial capacity is not actionable (although exceptions such as the 4th and 5th am, courts have yet to address the second amendment)
Spoilation of evidence
FRCP treat spoliation (destruction) as a sanctionable offense
- parties have a common law obligation to present info when they know it is relevant to present or future litigation
Therefore, if trial cxt dismisses case w prejudice after party destroys evidence, so long as the Appellate cxt is is satisfied w/ sanction that it is not an abuse of trial court’s discretion - court should affirm sanction (if party had appealed abc)
Indispensable Party
a party that claims interest in the property that may be impaired in the action
in situations where an indispensable party who should be joined cannot be joined, federal rules require that the court determine whether “in equity and good conscience” the action should proceed.
ex: farmer, a citizen of State A, sues a rancher, cit of State B, in federal district court in State B. The farmer asks the court to quiet title to certain property in State B on which the rancher currently resides. The rancher believes the property was bequeathed to her, but the rancher knows that a cousin of hers – a man who is a citizen of State A – believes that the property belongs to him. The rancher files a motion to dismiss for failure to join an indispensable party.
court may retain the case. Though the man is an indispensable party and court lacks SMJ over the man’s claim, the court may retain the case w/o the man’s joining the lawsui * if the court determines in equity and good conscience that the action should proceed.
What is ALWAYS required in every motion?
CERTIFY
Is waiver or service procedural, or substantive rule?
Procedural rule - ie federal law applies
if P requests D to waive the service of process, and follows federal rules
-absent a showing of good cause, D must waive service of will face penalties from the court
An actor and a limo driver both citizens of State A. They brought suit against a talk host, a citizen of State B, in federal district court in State B.
complaint alleges that the talk host BOC in which the actor….and limo driver was to drive actor during show.
resulted in the actor suffering damages in the amount of $186,000 and the limo driver suffering damages in the amount of $57,000.
host’s lawyer then filed mid the limo driver’s claim for lack of jdx.
Does the court have subject-matter jdx to hear the case?
Yes, because the court can exert supplemental jurisdiction over the limo driver’s claim.
If the federal cxt has diversity jdx over the claim of one P, court will have supp jdx over another P’s claim,
if: (1) it is so related to the first P’s claim that it forms part of the same case or controversy; and
(2) additional Pis not a citizen of the state of any of the Ds.
There is a cnof …
Although the damage amounts are different, both sets of damages arise from the same breach. Therefore, because both claims arose out of the same contract, the court can exercise supplemental jurisdiction over the limo driver’s claim.
