Civ Pro Special Topics Flashcards
What type of claims does the right to a jury trial apply to?
Legal claims
This includes claims such as a team’s counterclaim for damages.
What type of claims do not have the right to a jury trial?
Equitable claims
Examples include claims for permanent injunctions.
What must a court do when a case involves both legal and equitable claims?
Hold a jury trial on the legal claim first
This is required when the claims share common issues of fact.
What is the role of the judge after the jury trial on the legal claim?
Hold a nonjury trial on the equitable claim
The judge relies on the jury’s findings of fact from the legal claim.
Fill in the blank: The city’s claim for a permanent injunction is an example of an _______ claim.
equitable claim
True or False: A jury trial must be held for both legal and equitable claims.
False
Only legal claims require a jury trial.
What common issue must both legal and equitable claims share for the court to require a jury trial on the legal claim?
Obligations under the stadium lease
What must a plaintiff deliver to the U.S. attorney for the district where the action is brought?
Summons & complaint via registered or certified mail
This is part of the service-of-process requirements when the defendant is the United States or a federal agency.
Who else must receive the summons and complaint besides the U.S. attorney?
U.S. Attorney General and agency or officer whose conduct is challenged via registered or certified mail
All parties must receive proper notice for the service of process to be valid.
What is the requirement for serving a foreign government?
Deliver notice by special arrangement or international convention or by sending to head of ministry of foreign affairs
If no notice is received by mail within 30 days, send two copies to U.S. Secretary of State.
What two methods can a plaintiff use to deliver notice to a state or local government?
- Deliver notice to chief executive officer
- Follow rules of state where government is located
What is required for a defendant to receive notice of a lawsuit?
Proper delivery of the summons and complaint
This is known as service of process.
What does Federal Rule of Civil Procedure (FRCP) 4(i) address?
Special service-of-process requirements when the defendant is the United States or a federal agency or employee
It outlines specific procedures for delivering summons and complaint.
True or False: A plaintiff only needs to send the summons and complaint to the U.S. Attorney General for service of process against a federal agency.
False
The plaintiff must also send documents to the U.S. attorney and any agency or officer involved.
Fill in the blank: A plaintiff must deliver summons & complaint to the __________ for the district where action is brought.
U.S. attorney
Fill in the blank: If no special arrangement exists for serving a foreign government, the plaintiff must send notice to the head of the __________.
ministry of foreign affairs
What is the consequence of not receiving notice by mail within 30 days when serving a foreign government?
Send two copies to U.S. Secretary of State via mail requiring signed receipt
What is the primary purpose of service of process?
To ensure a defendant receives proper notice of a lawsuit
What is the purpose of waiving service of process?
To encourage defendants to avoid the expenses and burdens of service of process.
What must a plaintiff provide to the defendant when requesting a waiver of service?
A written request that includes:
* Name of the court where the complaint was filed
* Date request is sent
* Copy of the complaint
* Two copies of the waiver form
* Prepaid means to return the signed waiver form
How long does a defendant have to return the waiver after receiving the request?
30 days (or 60 days if the defendant is abroad) from the date sent.
What happens if a defendant waives service of process?
The defendant’s time to file an answer is extended to 60 days (or 90 days if abroad) from the date sent.
What are the consequences for a defendant who fails to waive service without good cause?
The defendant must pay:
* Expenses of future service of process
* Reasonable expenses of any motion required to collect service expenses (e.g., attorney’s fees)
True or False: A plaintiff can send the waiver request by any means.
False
What is the Federal Rule of Civil Procedure related to waiving service of process?
FRCP 4(d)
Fill in the blank: A waiver request must be _______ to the defendant.
in writing
What is the ‘carrot’ for a defendant who waives service of process?
Extra time to respond to the complaint.
What is the ‘stick’ for a defendant who fails to waive service without good cause?
Costs incurred for future service and collection of those expenses.
What is due process in relation to lawsuits?
Due process requires that a plaintiff notify the defendant of a lawsuit through service of process.
What does service of process involve?
Delivery of the summons and complaint.
How can individuals and organizations located in a foreign country be served with process?
By any internationally agreed method of service that is reasonably calculated to give notice under the circumstances.
What is the best method for serving a foreign record label and its president?
Service pursuant to an applicable international agreement that meets the standard of giving notice.
Fill in the blank: Due process requires that a plaintiff notify the defendant of a lawsuit through _______.
service of process.
True or False: Service of process can only occur within the same country as the lawsuit.
False.
What is one method of serving process in a foreign country?
Following international agreement reasonably calculated to give notice
This method ensures that the party being served is adequately notified according to agreed international standards.
What should be done if there is no international agreement for serving process?
Follow foreign country’s rules or as directed in response to letter rogatory
Letter rogatory is a formal request from a court in one country to the appropriate judicial authority in another country.
What should be followed when serving process according to a court order?
Follow court order unless prohibited by international agreement
Court orders may specify particular methods that must be adhered to for serving process.
What is a special arrangement in the context of serving process?
An agreement between the plaintiff and the foreign state
This can facilitate a more efficient and tailored approach to serving process.
If there is no special arrangement for serving process, what should be done?
Follow international convention
International conventions provide standardized procedures for legal processes between countries.
What should be done if there is no international convention for serving process?
Mail to head of foreign affairs ministry with request for signed return receipt
This method ensures that the notice reaches a high-ranking official in the foreign country.
If service by mail cannot be made within 30 days, what is the next step?
Send two copies to U.S. Secretary of State via mail requiring signed receipt
This step is taken to ensure compliance with international service requirements when time constraints are present.
What is the timeline for demanding a jury trial?
A party must serve a jury trial demand no later than 14 days after the last pleading directed to trial issues is served.
This is under the Federal Rules of Civil Procedure 38.
What happens if a jury trial demand is not served within the required timeframe?
The right to a jury trial is waived.
This means that the party loses the ability to request a jury trial.
What is the purpose of the discovery phase in a trial?
The discovery phase requires parties to disclose information related to the case.
It is a pretrial process that allows both sides to gather evidence.
What is the consequence of filing a jury trial demand at the close of discovery?
It would likely be untimely.
This is because the demand must be made within the specified timeline, which is generally before discovery closes.
Fill in the blank: A party must serve a jury trial demand no later than _______ after the last pleading directed to trial issues is served.
14 days
True or False: A jury trial demand can be included in a pleading or set forth in a separate document.
True
What must a party do to preserve the right to a jury trial?
Serve a jury trial demand within the specified timeframe.
This typically involves filing the demand within 14 days after the last pleading.
What is the significance of the case details being disclosed during discovery?
It allows for informed preparation for trial and can impact the strategy of both parties.
Disclosure includes evidence and witness lists.
At what point can a jury trial demand become invalid?
If it is not filed within a reasonable time after service of the demand or after the close of discovery.
A demand filed too late may not be honored by the court.
What is the potential outcome of an initial pretrial conference regarding a jury trial demand?
The demand could be deemed untimely.
This is especially true if the conference occurs after the deadlines for filing the demand.
What should be denied if the plaintiff has established res ipsa?
The defendant’s motion
Res ipsa loquitur is a legal doctrine that infers negligence from the very nature of an accident or injury, in the absence of direct evidence.
What is the time frame to file a jury demand after the last pleading directed to the jury triable issue is served?
14 Days
This period ensures that the request for a jury trial is made in a timely manner.
What is the time to respond to a complaint or file a Rule 12 motion after service?
21 Days
This is the standard response time for defendants in civil litigation.
What is the time limit for amending a pleading once, as a matter of course?
21 Days
This time limit applies after service of the original pleading or after a responsive pleading or motion is served.
What is the general time limit for service of process?
60 Days
This is the standard period allowed for serving legal documents to a defendant.
What is the outer time limit for removal based on diversity?
1 Year
This limit applies to defendants wishing to remove a case to federal court based on diversity jurisdiction.
What is the time after judgment to file a renewed motion for judgment as a matter of law?
28 Days
This period allows parties to request reconsideration of a judgment under specific circumstances.
What is the time after judgment to file a motion for a new trial?
30 Days
This allows a party to seek a new trial based on various grounds, including errors during the trial.
What is the time for initial removal in civil procedure?
30 Days
This is the standard time frame for a defendant to remove a case to federal court after being served.
What is the time for remand in civil procedure?
30 Days
This allows a case to be returned to state court after removal under certain conditions.
What is the time to return a request to waive service of process?
30 Days
An additional 30 days is added if the request is outside of the U.S.
What is the time to answer the complaint or file a 12(b) motion if the defendant waived service of process?
60 Days
An additional 30 days is added if the defendant is outside of the U.S.
