Civ Pro MEE Rules Flashcards
Specific personal jurisdiction
State courts of general jurisdiction may exercise PJ over nonresident Ds to the extent authorized by both the state’s long-arm statute and the DPC of the 14th Amend of the US Constitution.
Constitutional Ground - PJ
The DPC of the 14th Amend. permits states to assert PJ over nonresident Ds who have exercised minimum contacts with the state such that the exercise of PJ would not offend traditional notions of fair play and substantial justice.
Minimum contacts
Purposeful availment of benefits and protections of the state + foreseeability of getting haled into court in that state.
Fairness
Relatedness + convenience + state’s interest
General jurisdiction
D is domiciled in forum, personally served while present in forum, express or implied consent to jurisdiction
Removal
All Ds must agree, no removal by P, if more than 1 year has passed since filing or if any D is a citizen of the forum = cannot remove
Substituted service
Service on someone at D’s usual abode of suitable age and discretion who also lives there
Erie Doctrine
In diversity and supp. jx cases, fed ct must apply substantive law: SoL, choice of law rules, elements of claim/defenses, rules on tolling SoL.
But ct uses fed procedural law.
If fed law conflicts, fed law prevails.
When is law considered substantive?
-If outcome determinative,
-Balance of interest,
-Avoid forum shopping
If substantive, apply state law.
When is venue proper?
In a district where (1) any D resides if all D reside in the same state, (2) where a substantial part of the events or omissions giving rise to the claim occurred, or (3) substantial part of the property subject to the action is situated.
Transer
A federal ct has the authority to transfer a case to another fed ct for the convenience of the parties and witnesses and in the interest of justice.
Ct will apply the law of the transferor forum.
Summary judgement
FRCP allows a summary judgement motion to be granted only if there is no genuine issue as to any material fact and the movant is entitled to judgement as a matter of law.
Temp. retaining order (TRO)
Preserves status quo of subject matter of litigation and prevents irreparable harm until PI hearing.
Must provide notice unless: (1) immediate and irreparable harm, (2) effort to give notice, and (3) provide security in case wrongfully retained/enjoined.
Preliminary Injunction (PI)
Preserves the status quo pending determination of merits of litigation.
Must show: (1) imminent irreparable harm (non-monetary), (2) no adequate legal remedy, (3) substantial likelihood of success on the merits, (4) balance of hardships, and (5) not adverse to public interest.
Work product
Any material prepared in anticipation of litigation.
Permissive parties
Arise under same T/O + raise 1 common question of law or fact.
Compulsory parties
(1) complete relief cannot be given to existing parties without them, (2) party’s absence may impair their ability to protect their own interest, or (3) their absence would expose existing parties to double or inconsistent obligations.
Intervention - of right and permissive
Of right = applicant. has an interest in the property or transaction and without intervening, ability to protect interests may be impaired.
Permissive = Common question of law of fact, must have own jx.
Class action requirements
Numerosity, commonality, typicality, adequate representation
Motion for JMOL
D may move at close of P’s evidence and close of all evidence. P can only move at close at all evidence.
Must show a reasonable person couldn’t agree w/finding.
Renewed motion for JMOL
Must bring motion for JMOL first. Claim that jury verdict = not reasonable. Must move within 28 days of entry of judgement.
Motion for new trial
Grounds = prejudicial error making judgement unfair
New evidence couldn’t have been obtained earlier with due diligence, prejudicial misconduct, judgement is against weight of evidence, or excessive/inadeq. damages that shocks the conscience.
Interlocutory review
Ct may review interlocutory orders only if: (1) substantial ground for diff of opinion, (2) involves controlling question of law, (3) immediate appeal advance ult. termination of case, (4) ct of appeals allows appeal.
Res judicata - Claim preclusion
A claim that has been litigation to a final judgement on the merits cannot be relitigated by the same parties (or their privies)
Collateral estoppel - Issue preclusion
Issues that were actually litigated and decided and essential to the judgement in a previous case cannot be litigated again.
