Civ pro (Federal)

Question 1

Subject matter jdx

Answer 1

Federal courts have limited jdx, need FQJ, DJ, or supplemental jdx

Question 2

Federal question jurisdiction

Answer 2

Under the well-pleaded complaint rule, the federal question must be presented on the face of the plaintiff’s complaint. (Not counterclaim or answer)

Question 3

Diversity jurisdiction

Answer 3

Complete diversity of citizenship, and AIC exceeds $75,000. Does not have jdx over probate and domestic relation matters

Question 4

Personal jurisdiction

Answer 4

Stems from due process clause of 14th amendment. Refers to authority over a party or property before the court

Question 5

General personal jurisdiction

Answer 5

1. Waiver (failing to assert a PJ objection in first pleading)
2. Consent (express or implied)
3. Domicile
4. Presence (continuous and systematic contacts with forum state and is served while being physically present in forum state

Question 6

Specific personal jurisdiction

Answer 6

Must be constitutional under state constitution and 14th amendment
1. claims arise out of D’s minimum contacts (reasonably foreseeable that he can be sued in forum state)
AKA drove a car and crashed the one and only time in that state = sufficient minimum contact
2. Complies with the traditional notions of fair play and substantial justice (fair and reasonable to be sued there)

Question 7

Removal

Answer 7

Allows D to remove case from state to fed court if case could’ve originally been brought there. Can’t do it for DJ purposes if it’s in D’s home court

Question 8

Remand

Answer 8

P brings case to state court after improper removal. Court may do this on its own accord if it finds there is no SMJ

Question 9

What is proper Venue

Answer 9

Proper in any district where:
1. Any D resides (if all D’s reside in the same forum state)
2. Substantial part of the events giving rise to claim occurred or where property in question is
3. If neither 1 or 2 applies, venue is proper anywhere court has PJ over D

Question 10

Supplemental jurisdiction (for claims)

Answer 10

SMJ for one claim but not the other. State law claim may be brought w fed claim if it arises out of a common nucleus of operative facts.

Question 11

Counterclaim

Answer 11

D raises a claim back at P

Question 12

Compulsory Counterclaim

Answer 12

Arises out of same transaction or occurrence as the original claim. Has to use it or lose it (iied counter-claim in response to defamation claim)

Fed court has supp jdx over this

Question 13

Permissive counterclaim

Answer 13

Doesn’t arise out of the same transaction or occurrence as the original claim, needs to independently satisfy DJ

Question 14

Cross-claim

Answer 14

P v P or D v D
Supp jdx if they arise out of the same transaction or occurrence
(Can’t just blame them for everything, has to be “if I’m liable they’re liable to me”)
If question says “solely responsible” it’s not valid
Doesn’t destroy DJ

Question 15

Permissive Joinder

Answer 15

Multiple P’s join together because claims arise out of same transaction or occurrence, AND question of fact or law are common

Question 16

Compulsory Joinder
(Nec and indispensable)

Answer 16

Party needs to be joined if it’s unfair
1) necessary party: must be joined if leaving them out will impair their interests, but not if it’s gonna ruin DJ
2) indispensable party: MUST join them because otherwise there would be prejudice, if it would ruin jdx then case must be dismissed

Question 17

Interpleader

Answer 17

Allows P or D to initiate a lawsuit to compel two parties to litigate a dispute

Statutory interpleader:
(Only has to be amount over $500)
(No PJ needed)

Question 18

Intervention as of right

Answer 18

as of right: when applicant claims interest in property or transaction AND disposition of action will impair him

Question 19

Permissive intervention

Answer 19

Intelligent cats love fish
Non-party shares a common question of law OR fact with an existing claim

Must be supported by its own jdx and is discretionary with the court

Question 20

Class action

Answer 20

1. So large that joining all members would be impracticable
2. Common question or law or fact
3. Claims or defenses of reps are typical of the class in general
4. Representation of the class will adequately represent and protect the interests of all members

Question 21

Temporary Restraining Order

Answer 21

No notice needed on other party, can get TRO if Party shows irreparable harm if not granted; expires in 14 days
Must state reason why it’s issued, it’s terms specifically, and in reasonable detail the acts to be restrained

Note: can extend once up to 28 days, if extended past 28 days it’s treated as pre-lim and can be appealed

Trick: can’t reference other doc as substitute for stating reasons, must do it on TRO itself

Question 22

Preliminary injunction

Answer 22

Notice and hearing required on adverse party
Must show irreparable harm if PI not granted

Question 23

Summary judgment

Answer 23

Moving party must show there is no genuine issue of material facts. Nonmoving party must show there is an issue. Motion will look at evidence in most favorable light to nonmoving party

Question 24

Judgment as a matter of law JMOL

Answer 24

During trial. Claim that opposing party has insufficient evidence and reasonable jury would not have legally sufficient evidentiary basis to find for non-moving party

Question 25

Res Judicata (claim preclusion)

Answer 25

FCP
Same claim, same parties, final judgment on the merits. IT MUST be raised by affirmative defense, if not raised then waived

Apply whatever the FIRST court said re the judgement!! If they said it’s claim precluded then it’s claim precluded

Question 26

Collateral estoppel (issue preclusion)

Answer 26

Same issue, actually litigated, actually decided, necessary to the judgment

Question 27

Interlocutory order (and final judgment exceptions)

Answer 27

Temporary or not final (like TROs)

NOT APPEALABLE UNLESS
1. Order granting, modifying, refusing, or dissolving an injunction.
2. Order appointing or refusing to appoint a receiver
3. A decree determining the rights and liabilities of parties to admiralty cases in which appeals from final decrees are allowed

Question 28

Collateral order doctrine

Answer 28

Allows party to appeal interlocutory rulings if the ruling decides a claim or issue
1) that is separable from and collateral to merits of the case
2) involves a serious and unsettled legal question AND
3) would be effectively unrecoverable if the court waited until final judgment to hear the claim or issue

Question 29

De Novo

Answer 29

Question of law

Question 30

Clearly erroneous

Answer 30

Question of fact

Question 31

When can TRO be issued without notice

Answer 31

1) w/ affidavit or verified complaint stating immediate and irreparable injury will result prior to hearing
AND
2) movant’s attorney certifies in writing any efforts made to give notice and reason why notice should not be required

Question 32

Amending a pleading

Answer 32

1) Once as of right within 21 days if no responsive pleading is required
2) needs permission from court or other party if past 21 days

Additionally, court should freely give leave to amend a pleading when justice so requires

Question 33

Forum non conveniens

Answer 33

Based on convenience of parties, witnesses, and evidence:

Used when case belongs outside federal court system, either state court or IN A DIFFERENT COUNTRY (aka it’s dismissed)

Question 34

Transfer

Answer 34

Based on convenience of parties, witnesses, and location of evidence.
Fed court to fed court
NOTE: LAW OF THE ORIGINAL COURT IS USED BY THE NEW COURT

Question 35

Complaints that need more specificity

Answer 35

If it’s Fraud, Mistake, or Special Damages

Question 36

Adding a party past the SOL

Answer 36

1. Mistaken Identity
   - party can’t be mentioned anywhere in complaint
2. Party meant to be sued is served WITHIN the SOL

Question 37

Appealing partial judgment

Answer 37

(When judgment on one of several claims)
1. Court must say “no just reason for delay”
2. Claim must be distinct and separate from other claim(s)
Exception to final judgment rule

Question 38

Impleader

Answer 38

Bringing in someone outside the suit that is liable to D if D loses suit

Cannot blame all liability on impleaded party, have to say “if I’m found liable, they’re liable to me”

Question 39

Impleader

Answer 39

Bringing in someone outside the suit that is liable to D if D loses suit

Cannot blame all liability on impleaded party, have to say “if I’m found liable, they’re liable to me”

Question 40

Rule 11 and safe-harbor provision

Answer 40

Frivolous claim/defense
Safe harbor: must serve motion for sanctions to other party and give 21 days to change or withdraw pleadings before moving with judge

Question 41

Adding a new claim past the SOL

Answer 41

Only allowed if it’s related to the facts
- same transaction or occurrence

Question 42

TRO no notice

Answer 42

Attach affidavit showing immediate and irreparable harm if TRO not granted
AND
Certify in writing efforts to give notice and why it shouldn’t be required

Question 43

Choice of law

Answer 43

1) what state is lawsuit in
2) use whatever law that state SELECTS FOR

Question 44

Service (on individual and Corp)

Answer 44

SAID
State: serve however state law allows (even if serving federally)
Agent: you can serve their agent
Individual: you can serve the individual/D
Dwelling: leaving complain w person of suitable age at D’s dwelling

Serving Corp:
- State law methods
- Officers/agents

Question 45

Failure to deliver timely service

Answer 45

Need to show good cause (reasons beyond your control)

Question 46

Bulge rule

Answer 46

Only D can use this!!
For impleader or necessary party

Question 47

Motions to dismiss that are waived

Answer 47

PIPS (pipsqueak waiving at me)
Personal jdx
Improper venue
Process is insufficient
Service of process is insufficient

If amended immediately after and adds these, then they are not waived

Question 48

Supplemental jdx for adding a party

Answer 48

P cannot do it if it destroyed DJ (unless original claim is FQJ)
D can implead even if it destroys DJ

Question 49

Reasons Supplemental Jdx MAY still be rejected

Answer 49

Supplemental claim raises complex or novel issue of state law
- fed court doesn’t wanna change course of state law

Supp Claim predominates over others

Other claims that had original jdx were dismissed (COURT MAY STILL HEAR SUPP JDX CLAIM IF THEY WANT TO)

Question 50

De Novo

Answer 50

Judge’s discretion on how he interprets the law. Would need to be clearly erroneous to be appealed

Question 51

Indispensable party

Answer 51

So necessary to case (needs to be in so ppl get relief for claim or his interests are greatly prejudiced)

If he ruins diversity and judge said in equity and good conscious that’s he’s indispensable, then must dismiss the case

Question 52

Claim preclusion by privy

Answer 52

Can’t sue company for being hit by their truck, and then after that sue the truck driver

Question 53

Discovery initial disclosures

Answer 53

Only need to disclose your supporting witnesses (not witnesses that oppose you)

Question 54

Interrogatories

Answer 54

Only 25, sub-parts of questions count towards that 25 number

Question 55

Deposition limits

Answer 55

10-1-7
10 depos per side
1 day
7 hours

Question 56

Medical expert disclosures

Answer 56

Must be done 90 days before trial, unless that evidence is solely used to contradict other side’s evidence (then only need 30 days)

Question 57

Requests for physical and mental exams

Answer 57

Requires court order

Question 58

Venue for foreign defendant

Answer 58

Venue is proper in any judicial district if the D is domiciled in another country