Civ Pro Rules

Question 1

Subject Matter Jurisdiction

Answer 1

Federal courts are courts of limited jx and can only hear cases where it has SMJ. SMJ exists if there is a federal question, if there is diversity of citizenship, or in the case of supplemental jx.

Question 2

Subject Matter Jurisdiction (CA)

Answer 2

CA divides SMJ into 3 categories
(1) Unlimited Civil Cases: requires >$25k in controversy and includes full range of motions and remedies
(2) Limited Civil Cases: requires <$25k in controversy and limited to claims requiring monetary remedies
(3) Small Claims Cases: requires a claim <$10k (or $5k for business entity) no attorneys allowed, pro se only

Question 3

Federal Question

Answer 3

Arises under federal law, the Constitution, or US treaties. Raising a federal defense is not sufficient.

Question 4

Diversity Jx

Answer 4

Diversity jx exists when there is complete diversity of citizenship between litigants and the amount in controversy is >$75k.

Question 5

Citizenship

Answer 5

Citizenship for a person depends upon their domicile. A domicile is where a person resides, with intent to make the stat their permanent home of record. Corporations may have two states of citizenship, determined by the corporate Principal Place of Business or the state in which incorporated.

Question 6

Amount in Controversy

Answer 6

In federal courts, AIC > $75k and alleged in good faith. A P can aggregate claims to get to $75k if making multiple claims against one D.

Question 7

Supplemental Jx

Answer 7

A federal court SMJR may exercise SJX over state claims when they arise from a common nucleus of operational facts. A federal court may decline SJX over state claims when the claim raises a novel or complex issue of State law, it substantially predominates over the original federal claim, or if the court has dismissed the claim which had original jx. (Look for situation in which SMJ is invalid, if so, the court cannot exercise SJX either)

Question 8

Removal to Federal Court

Answer 8

Only a D may remove a case to federal court. This requires that the federal court has SMJ, no D is domiciled in the forum state, and removal is sought within 30 days. (P can never remove a case to federal court bc they decided the forum originally)

Question 9

Remand to State Court

Answer 9

Remand occurs when a case is sent from Federal Court to State Court. This typically occurs when there is invalid SMJ. A federal court may remand a case that originally had SMJ, at the court’s discretion, once the federal claims have been decided.

Question 10

In Personam Jx (IPJ)

Answer 10

IPJ required for a court to exercise judgment and normally falls within two categories - the traditional bases of jx and the modern bases of jx.

Question 11

State v. Federal Jx

Answer 11

State courts can try federal question cases, as long as there is no implied restriction by Congress. States may not discriminate because a case is based strictly on Federal law.

Question 12

Traditional Bases of Jx

Answer 12

The traditional bases of jx include domicile, presence when served, consent and waiver.

Question 13

Modern Bases of Jx

Answer 13

Modern bases of jx are the Long Arm Statute and Constitutionality.

Question 14

Personal Jx

Answer 14

Personal jurisdiction refers to the judicial power over the persons or property involved in the cases or controversies before it. There are three general types of personal jurisdiction: (i) in personam jurisdiction; (ii) in rem jurisdiction; and (iii) quasi-in-rem jurisdiction.

Question 15

In Personam Jx

Answer 15

In personam jurisdiction is the power that a court has over an individual party. There are four bases for in personam jurisdiction: (i) voluntary presence; (ii) domicile; (iii) consent; and (iv) long-arm statutes.

Question 16

Due Process Requirements

Answer 16

Due process requirements are satisfied if the nonresident defendant has certain minimum contacts with the forum jurisdiction such that the maintenance of the action does not offend traditional notions of fair play and substantial justice.

Question 17

Long Arm Statute

Answer 17

Many states have adopted long-arm statutes which allow personal jurisdiction over non residents. While long arm statutes can differ by state, jx under a long arm statute must satisfy the constitutional requirements for the exercise of jx. Many states, like CA, have adopted long arm statutes which extend personal jx to the limit of the Con.

Question 18

Constitutionality

Answer 18

To satisfy the Con requirements for personal jx, the D must have such minimum contacts with the forum state as to not offend traditional notions of fair play and substantial justice. In determining whether such. minimum contacts are present, courts look to three things: (1) the extent of the contacts, (2) their relatedness to cause of action, and (3) whether the exercise of jx would be fair.

Question 19

Contacts

Answer 19

In determining minimum contacts, the court looks at whether the D purposefully availed himself of the forum state, and whether the exercise of jx by the forum state would be foreseeable.

Question 20

Purposeful

Answer 20

The contacts were purposeful if the D availed themselves of the benefits and protections of the forum state’s laws.

Question 21

Foreseeable

Answer 21

The contacts were foreseeable if the D could foresee being hauled into court based on contacts in the forum state.

Question 22

Relatedness

Answer 22

The relatedness of a contact to the controversy determines if the court will exert General or Special Jx.

Question 23

General Jx

Answer 23

Exists if contacts are so systematic and continuous that the D is essentially at home in the forum state.

Question 24

Specific Jx

Answer 24

Exists if general jx does not exist the court looks to see whether contacts relate or give rise to the cause of action.

Question 25

Fair Play and Substantial Justice

Answer 25

Requires courts to consider the burden on D, the state’s interest, P’s relief interest, interstate judicial system’s interest in efficiency, and shared social policy interests.

Question 26

Judgment on the Pleadings

Answer 26

Can be motioned for when material facts are not in dispute and the pleadings reveal merit of the claim for either party. Filed only after an answer has been filed and pleadings are closed.

Question 27

Venue

Answer 27

Venue is proper in any district where any D is a resident, where a substantial portion of the claim occurred, or where a substantial part of property is located. Otherwise, venue is proper in any judicial district where any D is subject to personal jx. Venue may be transferred for party convenience or in the interests of justice, if the action could have been brought in the receiving court. In CA, if the suit is considered a local action (involving real property) then venue will be set in the same county as the real property. Otherwise, the venue will be considered a transitory action, and venue will be considered proper in the county where any D resides.

Question 28

Forum Non Conveniens

Answer 28

Allows a court to decline jx and dismiss an action if the court where the action was brought would be a seriously inconvenient forum and an adequate alternative forum exits in a foreign country.

Question 29

Service

Answer 29

Must be made within 90 days, but upon showing of good cause, the court must extend an additional appropriate period. Requires summons and complain t. Failure to serve in time results in a dismissal without prejudice.

Question 30

Service of Process

Answer 30

Process may be served by anyone 18 years of age or older who is not a party to the case. The federal methods of service upon individuals are delivery to the D personally, leaving at D’s dwelling with someone of suitable age and discretion who resides there, or deliver to the D’s agent. If the D has waived the right to personal service, process can be served by sending a copy of the summons and complaint by first-class mail.

Question 31

Service Upon Corporations

Answer 31

Process may be served upon corporations by hand delivery to an officer or designated agent of the corporation. Otherwise, process may be served by any method authorized by state law in the state where the action is pending or in the state where service occurs.

Question 32

Waiver of Service

Answer 32

Provides a D additional time to respond to the complaint. The D must be mailed two copies of the summons and complaint and a request to waive form, along with a pre-paid, addressed return envelope. This waiver must be returned within 30 days in the continental US, or 60 outside the US, then the person served need not reply to the complaint until 60 days after service, or 90 outside the US. In CA, waiver of process doe snot allow additional time to answer.

Question 33

Answering

Answer 33

A pleading must be answered within 21 days of receipt of service. In CA, pleadings must be answered within 30 days.

Question 34

12(b)(6) Motions

Answer 34

These motions subject the movant to the personal jx of the court, however are. an attempt to have the case dismissed due to: (1) lack of SMJ, (2) lack of personal jx, (3) improper venue, (4) insufficient process, (5) insufficient service of process, or (6) failure to state a claim for which relief can be granted.

Question 35

Demurrers

Answer 35

In CA, a demurrer functions similar to a 12(b)(6) motion in Federal Court. Whereas a Motion to Quash is used to claim a lack of personal jx, insufficient process or service of process, a general demurrer is used to claim a failure to state a claim for which relief can be granted, and a special demurrer for other technical reasons.

Question 36

Scope of Discovery

Answer 36

Discovery includes all information relevant to any party’s case that is not privileged. this discovery must be proportional to the needs of a case. In CA, a party may obtain discovery of all non-privileged information that is relevant to the subject matter of the case.

Question 37

Physical or Mental Examinations

Answer 37

When a person’s physical or mental condition is in controversy, a physical or mental exam of the person may be requested. Physical and mental examinations are the only discovery tools for which advance court approval is required. The court requires a showing of “good cause” for the examination.

Question 38

Disclosure of Persons with Knowledge

Answer 38

A party has no obligation to include sin their initial disclosures information concerning individuals who have discoverable info but whom the party does not intend to use. This includes expert witnesses that provide service, but their reports will not be admitted, and they will not be called to testify.

Question 39

26(f) Conference

Answer 39

A meet and confer to plan discovery, this conference should be as soon as possible, and must take place 21 days prior to Scheduling Conference. Initial disclosures must be exchanged 14 days after the 26(f) conference, unless the court stipulates otherwise.

Question 40

Interrogatories

Answer 40

A party may request 25 interrogatories, and if more are needed, bring this issue up at the 26(f) conference. Parties have 30 days to respond to interrogatories.

Question 41

Depositions

Answer 41

A formal interview under oath. A party is initially limited to 10 devotions, but the parties may stipulate a certain number. Depositions are normally limited to one day, and at the most seven hours on that day.

Question 42

Work Product Doctrine

Answer 42

Material a lawyer prepares for litigation is immune from discovery unless the opposition shows a substantial need and inability to gather the material without undue hardship. Absolute privilege applies to mental impressions, notes or opinions. Qualified privilege applies to other materials that can be discoverable upon showing of substantial need and inability to acquire the materials elsewhere.

Question 43

Res Judicata

Answer 43

Prohibits parties from re-litigating claims. Requires that the litigants by identical or in privity, a final judgment on the merits of the original case, and it must be the same claim based on same transaction or occurrence as the previously litigated. In CA, all appeals must be exhausted. A dismissal with prejudice equals a final judgment on the merits. If the P wins, then the new claim is merged, if the D wins then the new case is barred.

Question 44

Collateral Estoppel

Answer 44

Issue Preclusion. Precludes a party from re-litigating a specific issue. This requires there be a final judgment on the merits, the issue is identical tot he issue previously decided, the issue was actually litigated and essential to the prior case, and the opposing party had an opportunity to litigate the issue int he original case. If one state initially issues a judgment, that state’s laws determine if it can be used non-mutually in another state.

Question 45

Erie Doctrine

Answer 45

In a federal case under diversity, the court will apply its own federal procedural laws but must apply state substantive law. The forum state’s laws will be used to determine which state rules apply

Question 46

Statute of Limitations

Answer 46

Limits the amount of time a P may bring a claim to encourage resolution of claims within a reasonable time before evidence has been lost or facts have become unclear through the passage of time, defect of memory, death or disappearance of witnesses.

Question 47

Relation Back

Answer 47

An amendment to a pleading overcomes the statute of limitations when the claim arises from the same transaction or occurrence as the original claim, the new party received notice of the lawsuit and knew or should have known the action should have been filed against the new party.

Question 48

Class Action Certification

Answer 48

A class action lawsuit is one where a large number of plaintiffs file suit. In order to receive class status, a Judge must determine numerosity (>80), there is a common question of law or fact, the claims, of the named representatives are typical, and the representatives fairly and adequately protect the interests of the class.

Question 49

CAFA

Answer 49

Allows federal courts to preside over class action cases when the amount in controversy exceeds $5m, the class is at least 100 persons, and where minimal diversity exists - at least one P and one D are diverse

Question 50

Summary Judgment

Answer 50

Should be granted if the pleadings, discovery, and affidavits bear no genuine issue of material fact and the movant is entitled to a JMOL. Either party can file until 30 days after the close of all discovery

Question 51

Judge or Jury

Answer 51

Under the 7th Amendment, if a case contains both legal and equitable claims arising from a common nucleus of operative facts, then the legal claims should be tried by the jury first, and the equitable claims would be tried by the court afterward. This works in the opposite in CA.

Question 52

JMOL

Answer 52

Occurs if a party has been fully heard and no reasonable jury could find for that party. The movant must make this motion prior to submission of the case to the jury, and if they do, after the verdict against them, they can move for a renewed JMOL.

Question 53

Renewed JMOL

Answer 53

A renewed motion for a JMOL may be filed no later than 28 days (15 days in CA) after entry of the judgment and is limited to those issues raised in the JMOL. If the party did not file the motion prior to assignment to the jury, they have not preserved the right to file a renewed JMOL.

Question 54

Motion for New Trial

Answer 54

This motion must be filed no more than 28 days after judgment (15 days in CA). The court may grant a new trial for an error during trial, juror misconduct or if the verdict is against the weight of the evidence.

Question 55

Insufficiency of Evidence

Answer 55

In situations where you fail to raise the issue of insufficiency of evidence in a motion for JMOL, RJMOL, or a new trial, you have failed to preserve, and can’t raise this issue on appeal

Question 56

Judicial Order for a New Trial

Answer 56

A judge can order a new trial for any reason that a party could motion for one

Question 57

Joinder of Parties

Answer 57

Compulsory - a P must join all interested parties or face dismissal of the lawsuit. The court must ask: 1) should the absentee be joined; 2) can the absentee be joined; and 3) if the absentee cannot be joined, can sufficient relief be granted? For permissive joinder, parties may join as Ps or be joined as Ds whenever: 1) some claim is made by each P and against each D relating to or arising out of the same series of occurrences or transactions; and 2) there is a question of fact or law common to all parties. Simply being jointly or severally liable does not deem a party a necessary party.

Question 58

Joinder of Claims

Answer 58

A P can join any number or type of claims against a D. These can include state claims and federal claims, and they are not required to be related - you only need the same litigants, and one of the cases must meet the requirements of SMJ.

Question 59

Jury Miscellaneous

Answer 59

If an action is not one where a jury might be demanded, a court cannot grant a jury without both parties’ consent. The court may try any jury issue with an advisory jury. If both parties consent, the court may allow a jury trial on a non-jury trial issue, and the effect is binding.

Question 60

Right to Jury in Civil Court

Answer 60

The right to a jury trial in civil cases is only guaranteed in federal courts - state laws determine jury rights in state courts.

Question 61

Motion to Dismiss

Answer 61

A court may dismiss a civil claim without legal merit by determining if sufficient facts are pled to sustain a prima facie case for the alleged cause of action. If not, the court will not evaluate the merits of the case. If the motion is based on insufficient process, proper procedure would be to file a motion to dismiss, not with an answer stating affirmative defense.

Question 62

New Trial

Answer 62

Ordered when there is an error during trial, juror misconduct, verdict is excessive or inadequate, or the verdict is against the weight of the evidence. A motion for a new trial must be filed no later than 28 days after the judgment has been entered. A RJMOL motion can be filed simultaneously with a new trial motion. If RJMOL is approved, the court should conditionally rule on motion for new trial.

Question 63

Juror Misconduct

Answer 63

Testimony that a juror used extraneous, prejudicial information or improper outside influences is grounds for a new trial. Misunderstanding of the standard of proof, mental states and relying on evidence that was directed to be disregarded are not grounds for a new trial.

Question 64

Final Judgment Exceptions

Answer 64

A claim or issue may be immediately appealable (interlocutory) if it is too important to wait and requires that the lower court must have conclusively determined the disputed questions, the issue must be separate from and collateral to the merits of the main issue of the case and the issue must be effectively unreviewable on appeal from the final judgment.

Question 65

Appeals

Answer 65

Must be within 30 days, unless the party is the US Govt, then the appeal must be filed within 60 days. However, if a timely renewed motion for JMOL, for a new trial, or to set aside or amend the judgment of the day, the running of the 30 days is terminated. Upon a ruling of those post-trial motions, a new 30-day period begins to run.

Question 66

Issues Eligible for Review on Appeal

Answer 66

Requires the loser to preserve the issue during trial, typically by making an objection, then raise the issue on appeal. If the issue is of fact, the appellate court will give great deference to the trail court’s handling, as well as the jury determination. The appellate court will not reverse if they find the error was harmless.

Question 67

Harmless Error

Answer 67

An error that does not affect substantial rights of the parties.

Question 68

Default Entry

Answer 68

if a party has made an appearance yet later defaults, they must be given a 7-day notice of the default entry hearing. If they never appeared, they are not afforded a 7-day notice and go straight to default.

Question 69

Amending a Complaint

Answer 69

A pleading may be amended once within 21 days of serving, 21 days after services of a responsive pleading or pre-answer if it requires a response, or after seeking leave of the court or written consent of the adverse party. If a party moves to dismiss a claim twice without leave of the court, it acts as an adjudication on the merits - dismissed with prejudice. For SoL purposes, an amendment to a pleading that arises from the same transaction or occurrence set forth in the original pleading is generally deemed filed on the date the original pleading was filed.

Question 70

Additur and Remittitur

Answer 70

In cases where jury awards are deemed insufficient, a court may invoke additur (providing the losing party the option of adding to their judgment or facing a new trial) or when excessive, remittur (offering the winning party the option of lowering their award or facing a new trial). Federal courts do not permit additur but may invoke remittitur.

Question 71

Standards of Review

Answer 71

Clearly erroneous applies to bad fact-finding. If the error is due to a pure matter of law, the appellate court may substitute their judgment - this is a de novo review. When the court makes a bad decision that is plainly wrong or without appropriate basis, then it is deemed an abuse of discretion.

Question 72

Sanctions

Answer 72

The Court has discretion to impose sanctions sufficient to deter repetition of conduct. The court will not fine the party because of the lawyer’s misconduct, nor will they dismiss a case with prejudice.

Question 73

Rule 11 Sanctions

Answer 73

Every pleading, written motion, or other paper filed with the court must be signed by the attorney of record, certifying that to the best of the attorney’s knowledge, information, and belief formed after a reasonable inquiry 1) the document is not being presented for an improper purpose; 2) the legal contentions are warranted by existing law; and 3) factual contentions and denial have evidentiary support. A court may order sanctions on its own initiative. If an opposing party motions for sanctions, they must give notice of their intention to do so to the opposing counsel and allow them 21 days to withdraw or correct the matter before the opposing party may file the motion. Sanctions may be for monetary penalties or more frequently non-monetary directives.

Question 74

Writ of Mandamus

Answer 74

An order directing a judge to act/enjoin when it’s been determined that an appeal would be insufficient to correct the problem at hand, and that the trial court’s actions constitute a serious abuse of power in need of immediate rectification.