Civ Pro [the essentials] Flashcards

1
Q

Venue

A

1) any district where all the Ds reside
2) any district where a substantial part of the claim arose, or substantial part of property is located

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Complaint

A

State:
1) grounds for SMJ
2) short and plain statement showing P is entitled to relief
3) demand for relief

Must plead sufficient facts to support a plausible claim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Relation back

A

Amendment after SOL has run

To change D:
-same conduct, transaction and occurrence
-D has such knowledge of the case that they will be able to avoid prejudice
-D knew or should have known that, but for this mistake, thy would have been named originally

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Claim joinder

A

must:
1) arise from the same T + O
2) raise at least one common question of law or fact

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Necessary party

A

1) is party necessary
2) if so–can they be joined?
3) if they cannot be jointed, then can the action proceed without them

Necessary means:
-the court won’t be able to accord complete relief among existing parties without party
-the absentees interests could be harmed if they do not join
-not having them might subject D to multiple obligations

If CANNOT be joined: court must look to
-alternative forum available
-actual likelihood of harm to absentee
-can court sharp relief to avoid harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Compulsory Counterclaim

A

arises from same T+O as Ps claim
if not brought then waived

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Permissive counterclaim

A

does not arise from same T+O
will not be waived

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Class Action

A

Requirements:
1) numerosity
2) commonality
3) typicality
4) representation

NIGHT COULD TURN REAL

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Medical Exams

A

Court order is required - parties only
1) health in controversy AND
2) good cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Scope of Discvoery

A

Can discover anything relevant to claims and defenses + proportional to the needs of the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Preliminary Injunction

A

CAN APPEAL IMMEDIATELY

Must show that:
1) there will likely be irreparable harm if not issued
2) likelihood of success on the merits
3) balance of hardships
4) injunction in the public interest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Temporary Restraining Order

A

used while waiting for a hearing for a PI
Have to show the same things

maintain the status quo

CAN DO ex parte if can show:
1) file paper under oath showing that without inunction there will be irrerperable harm
2) lawyer must certify in writing about efforts to give notice to D

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Motion to Dismiss for Failure to State a Case

A

Court looks only to allegations of facts in complaint

Do these facts if true state a claim

If made after D has answered - motion for judgement on the pleadings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Motion for SJ

A

After case is filed and Rule 12 motions done

Must show:
1) there is no genuine dispute of material fact
2) party is entitled to judgement as a matter of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Motion for Judgement as a Matter of Law

A

Standard: Reasonable people could not disagree as to the result

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Claim Preclusion

A

1) same p v. d
2) same claim
3) final judgement on the merits

17
Q

Issue Preclusion

A

1) case ended in final judgement on the merits
2) issue actually litigated
3) issue was essential to the judgement in the case
4) can ONLY be used against previous party

Non-mutual defensive issue preclusion: D in case II uses against P in case II

Non mutual offensive issue preclusion: P in case II uses against D in case II
-almost never OK

18
Q
A