Civ Pro Midterm

Question 1

Order of a case

Answer 1

Pleading –> Discovery –> Summer judgement and or Trial –> Judgment

Question 2

Pleading Rules (7)

Answer 2

RULE 8(a) Short and plain statement for jurisdiction and claim
RULE 8(b) Answer

RULE 11 Sanction

RULE 12(b) Motion to dismiss
RULE 12(b)(1) Lack of Subject matter jurisdiction
RULE 12(b)(2) Lack of Personal Jurisdiction
RULE 12(b)(6) Failure to state a claim upon which relief can

Question 3

Joinder Rules

Answer 3

RULE 19 Mandatory Joinder must be joined
RULE 20 Permissive Joinder May be joined if they arise out of the same issue
RULE 20(b) Protective Measures Court may issue to seperate

Question 4

Discovery Rules (3)

Answer 4

RULE 26(a)(1) Automatic Disclosure if some information
RULE 26(b)(1) Discovery scope and limits Relevant to claims/defences and proportional to the case needs
RULE 37 Failure to make disclosure request by 26(a) –> SANCTION!

Question 5

Summer Judgment

Answer 5

Granted when no genuine dispute as to any material fact and they are entitled to judgment as a matter of law

Question 6

Trial Order

Answer 6

1. P opening statements
2. D opening statements
3. P presents witness
4. D cross examins
5. P rests or rebut
6. D presents case
7. P cross examins
8. D rests
9. Jury instruction, deliberation and verdict

Question 7

Judgment Notwithstanding Verdict

Answer 7

Moving to remove the case because P hasn’t satisfied the burden of proof

RULE 50: Let the case go to court but allow a judge to overrule the decision

Question 8

Former Adjusticaton

Answer 8

(1) Claim Preclusion –> Res Judicata
bars litigation that has been brought before

(2) Issue Preclusion –> Collateral estoppel
bars re-litigation Issues that were already decided

Question 9

Jurisdiction- (PJ vs SMJ)

Answer 9

Personal Jurisdiction power the court has over the D
(1) General
(2) Specific
(3) Transient

Subject Matter Jurisdiction power of a topic
(1) Diversity
(2) Federal Question

Question 10

Define Personal Jurisdiction

Answer 10

Power of a court over the defendent
- Comes from the constitution and must satisfy due process (14th amendment)
- Due process = Notice + Opportunity to be heard
- Full faith and credit; each state recognizes other states judgments, unless judgment lacked jursdiction

Question 11

Notice (2 types)

Answer 11

(1) Actual Notice handing papers over
(2) Constructive Notice when u cant find D so newspaper

Question 12

When there is a lack of Personal Jurisdiction you can… (3 things)

Answer 12

(1) Do nothing
(2) Answer
(3) Motion to Dismiss 12(b)(2)
- Must be an answer, may be in a motion
- If in motion than that comes before an answer

Question 13

General Jurisdiction (Define + For Corp + Foreign)

Answer 13

A state has a power of jurisdiction over someone when they are a resident in that state

FOR CORS–> State of Inc. or PPB (ex: HQ)
FOR FOREIGN–> Where they have Continuous and systematic activities

Question 14

Specific Jurisdiction (Define + For Corp + Foreign)

Answer 14

A D can be sued over its targeted activities in that state if they have had minimum contacts with the state or Personally Availded themselves

FOR CORS–> same
FOR FOREIGN–> depends on affiliation (“What are you suing about? Did the D have a connection to that state about that specific thing, if so there is PJ”)