Civ Pro Flashcards
Personal JDX
Constitution - minimum contacts so doesn’t offend fair play and substantial justice
Min contacts - should reasonably anticipate being sued there, general and specific JDX
Fair play substantial justice - interest in forum state
Burden on D to appear
Interest in judicial system resolve controversy
Shares interests of states in common social policies
Over Corp - continuous and systematic to render at home.
Answer
Discovery scope
FREE - any non privileged matter relevant to claim or defense proportional to needs in case, need not be admissible
CA - disclosure of all material relevant to subject matter
No discovery until after conference
Cant be cumulative
Cant request if had plenty of time
No trial materials unless undue hardship
CA - no mental impressions ever or legal research
Experts - Ca can request simultaneous disclosure of all expert materials
Appeals
Must be final. Can permit appeal to one party as to separate issue if court determines no reason for delay
Can always get injunction appeale
CA - when resolved as to one party, immediately appealable
Claim preclusion
Valid final judgment on merits
- CA judgment not final til no appeals
Sufficiently identical claims
Sufficiently identical parties
Issue preclusion
Same issue
Actually litigated
CA- default and consent judgments effect here
Final valid judgment
Essential to judgment