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LIA > Civ Pro II > Flashcards

Civ Pro II Flashcards

1
Q

McGee v International Insurance

A

Nexus (Quality and Nature)
The plaintiffs Estate sued for coverage of a life insurance policy. The defendant claimed they had no contacts with the forum. The court found that they had PJ over defendant b/c the claim arose directly from their one contact of having the plaintiff as a policyholder. The closer to the claim the contacts are, the less contacts needed. One contact can be enough

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2
Q

Section 1367

A

Supplemental JDX

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3
Q

International Shoe

A

Doing Business
Traveling salesmen in the forum and living in the forum. The court found PJ b/c the company was doing business in the forum by employing salesman within the state

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4
Q

Fair and Adequate Protection

A

Protect the interest of the class
Driven by the class
Resources
Time

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5
Q

How to Prove Joinder Rules other than 19

A

Which rule
Independent basis?
Supp: Is there a common nucleus of operative fact

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6
Q

Rule 13b

A

Permissive Counterclaim

A pleading may State a counterclaim against an opposing party any claim that is not compulsory

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7
Q

Rule 13g

A

Crossclaim

A pleading may State a crossclaim by one party against a co party if arises out of the same transaction

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8
Q

Rule 14

A

Third Party Impleader
A defendant may bring a third Party to indemnify or contribute (must be diverse) when another party is liable for the claim
Within 14 days
Allows impleaders to counterclaim against defendant and downslope claims against plaintiff

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9
Q

Typicality

A

Represents claims or defenses typical of the class

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10
Q

Rule 4

A

Summons
Must deliver to defendant within 90 days at the usual place of abode with someone of suitable age and discretion who resides there

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11
Q

Waiving summons

A

In writing
Inform the defendant
Agent, manager, etc
Sent first class

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12
Q

Avoid waiver expenses

A 
With good cause
Not including:
Groundless 
Venue
JDX
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13
Q

4 ways to get SMJ

A

Diversity of Citizenship
Alienage
Exclusive
Fed Question

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14
Q

Commonality

A

Similar cause of action
Similar common question of law or fact
Similar evidence will be used

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15
Q

Rule 22 Plaintiff

A

Interpleader
Persons with claims that may expose party to double or multiple liability may be joined as a defendant and required even if the claims lack a common origin or the plaintiff denies liability in whole or part

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16
Q

Rule 22 Defendant

A

A defendant exposed to similar liability may seek interpleader through counterclaim or crossclaim

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17
Q

Rule 24 Required

A

Intervention
The court must permit anyone to intervene who is given an unconditional right by statute or claims an interest relating to property or transaction
If allowed, does not destroy diversity

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18
Q

Rule 24 Permissive

A

Intervention
The court may permit anyone to intervene who is given a conditional right by statute or has a claim or defense that shares with the main action of law and fact

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19
Q

Complete Diversity

A

All plaintiffs are of diverse citizenship from all defendants
Ind: Domicile
Corp: Incorp and PBB

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20
Q

Indispensable

A

Extent to which judgment prejudicial
Avoid or lessen prejudice
Judgment Adequate
Other avenue of relief

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21
Q

Feasible to Join

A

Does it destroy diversity

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22
Q

Rule 18

A

Joinder of Claims

A party may join as many claims as it has against the opposing party

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23
Q

Right to Jury Trial

A

What would the chancery in 1791 have done?
Equity: judge
Law: jury
Both: jury

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24
Q

Steps to Erie Doctrine

A 
Is there a diversity case
Conflict between state and fed law
Procedural or substantive
Outcome determinative
Overriding fed interest
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25
Q

Rule 38

A

Demand Jury Trial

Must demand within 14 days from answer

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26
Q

WWV v Woodson

A

Stream of Commerce and Foreseeability
Defendant purchased car in NY. While driving through OK, a rear end caused a fire and injury. The plaintiff did not sale nor perform services in OK and had no contacts with the forum. They could not contemplate that their products stream of commerce included OK nor could they foresee being haled into court there b/c they only did business in NY and NJ

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27
Q

Calder v Jones

A

Effects Test
Defendants career centered in the forum and the article written was drawn from forum sources and the harm was suffered in the forum. The court found PJ by way of the effects Test

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28
Q

Contractual Consent

A

If the defendant agreed in advance through k to be covered by the JDX

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29
Q

General Company Experts

A

Treated as regular witnesses

All discoverable

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30
Q

Strawbridge v Curtiss

A

Complete Diversity Rule

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31
Q

Property in Forum

A

Shaffer

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32
Q

Rule 23

A

Class Actions

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33
Q

Trial Expert Retained

A

Everything you show, the other side gets
Anticipated litigation
Using them at Trial
Preparing a report

34
Q

General JDX

A

May be sued for claims not related to activities within the state
Ind: Domiciled
Comp: “at home” and state of incorporation

35
Q

Steps for Specific JDX

A 
Long Arm Statute
International Shoe
Arises out of conduct
Purposeful and Foreseeability
Reasonableness
36
Q

Necessary or Required Party

A

Can the plaintiff get complete or adequate relief

37
Q

Rule 20

A

Permissive Joinder

If arising out of same transaction and question of law or fact is common to all parties on the same side

38
Q

Rule 13

A

Counterclaim and Crossclaim

39
Q

Rule 13a

A

Compulsory Counterclaim
A pleading must state or waive a counterclaim at the time of service that the pleader has against an opposing party if arising out of the same transaction, does not require adding a party that breaks JDX

40
Q

Rule 13a Exceptions

A

Claim Subject of another pending action or did not establish PJ over pleader

41
Q

Alien v Alien

A

No SMJ

42
Q

US and Alien v US and Alien

A

SMJ as long as US have diversity

43
Q

US and Alien v Alien

A

No SMJ

44
Q

Purposeful Availment

A

Entering into contact with locals in purpose or conduct such as gets the availment if the states laws, benefits, etc

45
Q

Zippo Sliding Scale

A

Clearly doing business: yes
Passive, not interactive: no
In between based on scale

46
Q

Hertz

A

SMJ
Principal place of business are where the corp officers and directors control and coordinate the corp. the nerve center is only a single place. SMJ proper for nerve center and incorporation

47
Q

Mottley

A

Fed Question Well Pleaded Complaint
The railroad company entered into k with mottleys to give them free passes. When a new fed law prohibited railroads from issuing free passes, rr stopped. Mottleys sued in fed court for specific performance and circuit court granted. The Supreme Court reversed stating it was improper to plead that a defense under fed law was anticipated and dismissed for lack of fed Question

48
Q

US v Alien

A

No SMJ

49
Q

Benefited by the Forum

A

Truck Driving Hypo

Presence in the forum

50
Q

Rule 26

A

Experts

Must disclose 90 days before Trial

51
Q

Continuing Obligations

A

Sufficient minimum contacts where defendant deliberately engaged in significant within a state or created continuing obligations between himself and a Forum resident

52
Q

Doing Business in the forum

A

International Shoe

53
Q

Zippo v Zippo

A

Internet Sliding Scale
Defendant contracted with many individuals and access providers with the intended purpose to download electronic transmissions. The court found PJ proper b/c the site was very interactive with forum state residents

54
Q

4 Elements to Class Actions

A

Numerocity
Commonality
Typicality
Fair and Adequate Protection

55
Q

Numerocity

A

No magic number

When joining all members is impracticable (i.e. Geography, dispersion, destroy diversity)

56
Q

3 ways to get PJ

A

Traditional
General
Specific

57
Q

International Shoe Standard

A

The maintenance of the suit does not offend traditional notions of fair play and substantial justice

58
Q

Exclusive SMJ

A

Admiralty
Bankruptcy
Patent and Copyright Infringement
Federal antitrust and securities

59
Q

Federal Question SMJ

A

Well Pleaded Complaint

Sufficiently central to the claim

60
Q

Well Pleaded Complaint

A

The fed Question must be set forth in the claim, not a defense, not an anticipatory defense, and cannot be a counterclaim unless fed intellectual property law

61
Q

Burger King v Rudzewicz

A

Contracts
The Supreme Court found that the defendants availed themselves of the protections and benefits of the forum b/c they had a substantial and continuing relationship with the plaintiff, a Forum resident

62
Q

Section 1291

A

Final Judgment Rule

Can only appeal on final judgment except by writ addressing issues that would change outcome (i.e. PJ or Erie)

63
Q

4 types of traditional bases for JDX

A

Physical Presence
Domicile Presence
General Appearance
Contractual Consent

64
Q

Physical Presence

A

When the defendant is within the forum state voluntarily during the service of summons unless attending court and there for a reasonable time

65
Q

Stream of Commerce

A

WWV

66
Q

Contracts PJ

A

Prior negotiations
Contemplated future consequences
Terms of k
Parties actual course of dealing

67
Q

Domicile Presence

A

When the defendant resides in the forum with the intent to do so permanently even if they are not presently in the state when served or when the issue occurred

68
Q

General Appearance

A 
Participating in the action before filing a motion to quash 
Answering
Filing motions
Propounding discovery 
Attendance by the attorney
69
Q

Tests to Prove prong 2

A 
Intentional Torts
Calder effects Test
Nature and quality
Purposeful availment
Zippo Sliding Scale
Continuing obligations
70
Q

Venue

A

Where the defendant resides (all)
Where event or omission of claim
Where there is PJ
If not US domiciled, then any fed court

71
Q

Rule 19

A

Required Joinder
Required Party
Feasibility
Indispensable

72
Q

Shaffer v Heitner

A

Property
Property in DE was not sufficient for contacts b/c the property had nothing to do with the claim. The court found that the corp had neither purposefully availed themselves of the privileges or conducted activities within the forum

73
Q

Non Trial Retained Expert

A

No report

Do not have to share except under extraordinary circumstances

74
Q

Consult Experts not retained

A

Not discoverable at all

75
Q

Calder Effects Test

A

The defendant committed a tort
The plaintiff felt the brunt of the harm and Forum was focal point
The defendant expressly aimed conduct at forum

76
Q

Nature and Quality

A

Nexus: the closer the claim to the contacts, the less contacts needed

77
Q

Effects from outside the forum

A

Calder

78
Q

Internet Business

A

Zippo

79
Q

Contracts

A

Burger King

80
Q

Diversity of Citizenship

A

Complete Diversity

Over $75,000

LIA (2 decks)

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