Civ Pro MCQs 1 Flashcards
Who can give service of process?
Any person who is at least 18 years old and not a party to the suit.
Is the plaintiff’s residence a basis for determining proper venue?
NO
Who can file a motion for failure to state a claim?
Any party against whom a claim is asserted—even a party added to a lawsuit through third-party practice (i.e., impleader)—can file a motion to dismiss for failure to state a claim.
What must the court do when considering a motion for failure to state a claim?
When considering a motion to dismiss for failure to state a claim, the court must (1) treat all well-pleaded facts in the complaint as true and (2) view the evidence and draw all reasonable inferences in the light most favorable to the nonmovant.
When can a court exercise supplemental jurisdiction?
A federal court will generally exercise supplemental jurisdiction over claims that fall outside its original subject-matter jurisdiction (i.e., federal-question or diversity jurisdiction) if the claims share a common nucleus of operative facts with a claim within its original jurisdiction.
What is a deposition?
A deposition is a discovery method in which a party conducts a written or oral examination of a party or nonparty under oath and outside of court.
What is an interrogatory?
Interrogatories are written questions served on another party that may inquire about any matter within the scope of discovery—but interrogatories CANNOT be served on a nonparty.
When should a motion for summary judgment be granted?
Summary judgment should be granted if the movant shows that (1) there is no genuine dispute as to any material fact and (2) the movant is entitled to judgment as a matter of law.
When can a party for move for a Judgment as a matter of law?
A party may move for judgment as a matter of law (JMOL) at any time before the case is submitted to the jury.
What should the Court do when considering a motion for JMOL?
When considering a motion for JMOL, the court must (1) view the evidence and draw all reasonable inferences in favor of the nonmovant, (2) disregard any evidence favorable to the movant that the jury need not believe, and (3) not consider the credibility of witnesses or the weight of evidence.
What are the requirements for a jury?
A jury must begin with at least 6 and no more than 12 members. Each juror must participate in the verdict unless excused by the court for good cause (e.g., illness, family emergency), which can occur during trial or after jury deliberations have begun. HOWEVER, unless the parties stipulate otherwise, the verdict must be unanimous and returned by at least 6 jurors
Who can be a complainant in asserting a motion for the Court?
Any party to the litigation. Both a plaintiff, a defendant, or a third party plaintiff/defendant can be complainants
When is a proposed settlement for a federal class action valid?
A proposed settlement of a federal class action must be approved by the court to be valid. The proposed settlement may be approved only after the court holds a hearing and issues findings that the settlement is fair, reasonable, and adequate.
Over what type of cases is the court NOT allowed to exercise diversity jx?
Cases involving probate matters (E.g., authenticating a will) and cases involving domestic matters (E.g., issuing a divorce or modifying an award for alimony)
What is the “100 mile bulge rule”
The “100-mile bulge rule” establishes personal jurisdiction over a party (1) added to the suit through impleader (I.e., third party practice) or required joinder and (2) served with process within 100 miles of the federal court where the suit is pending.
What is the special rule for venue when dealing with foreign defendants?
In this situation, venue is proper in ANY judicial district—including a district in the state where the P resides.
What is the effect of juror polling?
A court must on a party’s request, or may on its own initiative, poll the jurors individually after a verdict is returned but before the jury is discharged. If the poll reveals that the verdict is not unanimous, the court can direct the jury to deliberate further OR order a new trial.
What is the purpose of a motion for JMOL?
A motion for judgment as a matter of law is used to remove a case from the jury’s consideration when there is legally insufficient evidence for a reasonable jury to find in the nonmovant’s favor.
When is a renewed motion for JMOL timely filed?
The motion can be renewed within 28 days after the entry of judgment to seek to overturn an adverse verdict.
When is diversity of citizenship determined?
Diversity of citizenship exists when the opposing parties are citizens of different states at the time the complaint is FILED (NOT when the cause of action arose).
How does choice of law work in diversity actions?
In diversity actions, state law controls substantive issues and federal law controls procedural issues
How does choice of law work in federal question actions?
When a claim arises under federal-question jurisdiction, the court must apply federal law to procedural and substantive issues.
What is the due process requirement for service of process?
Due process requires that a defendant be reasonably apprised of the pending suit and afforded an opportunity to present objections. Therefore, the plaintiff must notify the defendant of the lawsuit by the most reasonable means under the circumstances.
What are the exceptions to a party being able to conduct an oral deposition without the court’s leave or the parties’ stipulation?
A party may conduct an oral deposition without the court’s leave or the parties’ stipulation unless (1) the deposition exceeds the 10-deposition limit, (2) the deposition is sought before the initial planning conference, or (3) the deponent was already deposed in the case.
