Civ Pro Outline info

Question 1

_________ counterclaims must meet jurisdictional amount requirements, ___________ counterclaims don’t have to

Answer 1

permissive, compulsory

Question 2

When is diversity determined

Answer 2

at time claim is filed

Question 3

In DJ - Can multiple Ps aggregate against a single D?

Answer 3

Yes - if enforcing a single title or right where they all have a common, undivided interest

Question 4

In DJ - what happens if multiple plaintiffs have separate and distinct claims but untie in one suit for convenience?

Answer 4

Their aggregate claims are judged separately in determining if the AIC has been met

Question 5

In DJ - can a court have supplemental jurisdiction over a claim that doesn’t meet the AIC?

Answer 5

yes

Question 6

In a class action with DJ - If one person meets DJ requirements, can people with claims that don’t meet the AIC be made part of the class?

Answer 6

Yes, under supplemental jurisdiction

Question 7

What’s the key phrase for supplemental jurisdiction?

Answer 7

common nucleus of operative fact

Question 8

In DJ - does permissive joinder need complete diversity?

Answer 8

yes

Question 9

For a long arm statute to work, D has to do what?

Answer 9

engage in some activity in the forum state or cause some action to occur within the state to the extent possible under the due process clause

Question 10

When is forum non conveniens used?

Answer 10

Only when forum that is deemed most appropriate for the action is a state or foreign court

Question 11

When can a preliminary injunction be issued?

Answer 11

• P is likely to succeed on the merits
• P is likely to suffer irreparable harm in the absence of relief
• Balance of equities is in P’s favor
• Injunction is in the public interest

Question 12

When does an amendment with a new claim “relate back?”

Answer 12

If amendment asserts claim/defense that arose out of same conduct, transaction, or occurrence as original pleading

Question 13

When does an amendment with a new party “relate back?”

Answer 13

• If amendment asserts claim/defense that arose out of same conduct, transaction, or occurrence as original pleading
• new party receives notice of action within 90 days after original complaint was filed
• D knew or should have known about action but for mistake concerning proper party’s identity

Question 14

What elements do you need for claim preclusion?

Answer 14

• valid final judgement on the merits
• sufficiently identical claims
• sufficiently identical parties

Question 15

What elements do you need for issue preclusion?

Answer 15

• same issue
• actually litigated
• final, valid judgement
• essential to the judgement