Civ Pro MEE Rules

Question 1

Specific personal jurisdiction

Answer 1

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.

Question 2

Constitutional Ground - PJ

Answer 2

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.

Question 3

Minimum contacts

Answer 3

Purposeful availment of benefits and protections of the state + foreseeability of getting haled into court in that state.

Question 4

Fairness

Answer 4

Relatedness + convenience + state’s interest

Question 5

General jurisdiction

Answer 5

D is domiciled in forum, personally served while present in forum, express or implied consent to jurisdiction

Question 6

Removal

Answer 6

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

Question 7

Substituted service

Answer 7

Service on someone at D’s usual abode of suitable age and discretion who also lives there

Question 8

Erie Doctrine

Answer 8

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.

Question 9

When is law considered substantive?

Answer 9

-If outcome determinative,
-Balance of interest,
-Avoid forum shopping

If substantive, apply state law.

Question 10

When is venue proper?

Answer 10

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.

Question 11

Transer

Answer 11

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.

Question 12

Summary judgement

Answer 12

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.

Question 13

Temp. retaining order (TRO)

Answer 13

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.

Question 14

Preliminary Injunction (PI)

Answer 14

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.

Question 15

Work product

Answer 15

Any material prepared in anticipation of litigation.

Question 16

Permissive parties

Answer 16

Arise under same T/O + raise 1 common question of law or fact.

Question 17

Compulsory parties

Answer 17

(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.

Question 18

Intervention - of right and permissive

Answer 18

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.

Question 19

Class action requirements

Answer 19

Numerosity, commonality, typicality, adequate representation

Question 20

Motion for JMOL

Answer 20

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.

Question 21

Renewed motion for JMOL

Answer 21

Must bring motion for JMOL first. Claim that jury verdict = not reasonable. Must move within 28 days of entry of judgement.

Question 22

Motion for new trial

Answer 22

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.

Question 23

Interlocutory review

Answer 23

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.

Question 24

Res judicata - Claim preclusion

Answer 24

A claim that has been litigation to a final judgement on the merits cannot be relitigated by the same parties (or their privies)

Question 25

Collateral estoppel - Issue preclusion

Answer 25

Issues that were actually litigated and decided and essential to the judgement in a previous case cannot be litigated again.