Civ Pro Flashcards

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1
Q

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.

A

Answer

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2
Q

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

A

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

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3
Q

Appeals

A

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

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4
Q

Claim preclusion

A

Valid final judgment on merits

  • CA judgment not final til no appeals

Sufficiently identical claims

Sufficiently identical parties

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5
Q

Issue preclusion

A

Same issue

Actually litigated

CA- default and consent judgments effect here

Final valid judgment

Essential to judgment

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