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