Civil Pro

Question 1

Service of Process Methods

Answer 1

Person (non party over 18)
Substituted: abode
Agent:
State law allows

Question 2

Personal Jurisdiction

Answer 2

PJ
State statute Constitutional

Contacts

• –purposeful availment
• –forseeability

Relatedness
–general
(domicile)
—-specific

Specific only) Fairness

Question 3

General rule state court

Answer 3

They can hear any case

Question 4

Subject matter jurisdiction

Answer 4

Diversity of Citizenship and Alienage

75K plus

Question 5

Federal Question Test

Answer 5

well pleaded complaint rule

the claim itself must arise under federal law

Question 6

Removal

Answer 6

Removal transfers the case from a
state trial court to a federal trial court. If removal
was improper, the federal court can “remand” the case
back to state court.

D has power to do this NOT P even if P has a counterclaim!!

Exception subject matter

Question 7

Timeline removal

Answer 7

no later than 30 days after service of Process

Question 8

LLC/ Partnership (unincorporated association citizenship)

Answer 8

Citizenship of its members

Question 9

what is supplemental jurisdiction

Answer 9

So supplemental jurisdiction gets claims into
a federal court case, even though the claims
do not meet diversity of citizenship and do not
meet FQ

Question 10

supplemental jurisdiction test

Answer 10

1. common neclues of operative fact

2. limitation

Question 11

Aggregation

Answer 11

One P by one D

Question 12

Erie Doctrine

Answer 12

1. diversity of citizen cases only
2. Federal rule on point that conflicts with state law (Apply that) SUPREMACY CLAUSE
3. no federal law on point: area must be substantive –apply state law

• claims or defenses elements
• statute of limitations
  tolling statute of limitations
  jury determination was excessive
  choice of law rules

3. if not above apply–

Question 13

Venue

Answer 13

P may lay venue in any district where:
• All defendants reside (special rule below in Hypo
7B) or
• A substantial part of the claim arose.
Note: The provisions above do NOT apply if the case
was REMOVED from state to federal court. There, venue is in the federal district embracing the state court
where the action was filed. These rules are for cases
initially filed in federal court

Question 14

Transfer

Answer 14

cannot transfer to different judical system regardless valid forum clause (federal court to state court)

Question 15

requirements pleadings in complaint

Answer 15

A statement of grounds of subject matter jurisdiction;
• A short and plain statement of the claim, showing
entitled to relief;
• A demand for relief sought (e.g., damages, injunction, declaratory judgment)

Question 16

COMPULSORY COUNTERFCLAIM

Answer 16

Compulsory: Arises from the same T/O as P’s claim.

Question 17

COMPULSORY COUNTERCLAIM

Answer 17

Compulsory: Arises from the same T/O as P’s claim.

suing P

Question 18

COMPULSORY COUNTERCLAIM

Answer 18

Compulsory: Arises from the same T/O as P’s claim.
suing P

Must not upset subject matter juris

Question 19

Crossclaim

Answer 19

always permissive; must arise from same t/o

must not violate subj matter juris

Question 20

discovery tools

Answer 20

Assuming no court order or stipulation provides otherwise, a party cannot send discovery requests to another party until after the Rule 26(f) conference.
Minor exception: you can serve requests to produce
earlier—more than 21 days after service of process.
They are treated as though served at the Rule 26(f)
conference

Question 21

motion for judgment as a matter of law (“JMOL”) filing deadline

Answer 21

anytime before submission of case to jury

Question 22

renewed motion for judgment as a matter of law (“JNOV”).

Answer 22

no later than 28 days after entry of judgement

Question 23

motion for default judgement

Answer 23

On request of the plaintiff, supported by an affidavit as to the amount due, the clerk may sign and enter judgment for that amount and costs against the defendant if: (i) the plaintiff’s claim against the defaulted defendant is for a sum certain; (ii) the default was entered because the defendant failed to appear; (iii) the defaulted defendant is not an infant or incompetent person; and (iv) the damages amount requested is not greater than the amount requested in the complaint.

Question 24

venue

Answer 24

relates to the proper geographic district in which to bring the acti

waived unless a timely objection (in a pre-pleading motion or, where no such motion is made, in the answer

(1) the district where any defendant resides, if all defendants are residents of the state in which the district is located; and (2) the district in which a substantial part of the events or omissions giving rise to the claim occurred.

Question 25

forum non convienes

Answer 25

e court has discretion to decline to hear the case in deference to a court in another country if it determines that the other country provides a substantially more efficient, convenient, and fair foru

Question 26

immediately appealable interlocutory orders

Answer 26

Interlocutory (i.e., nonfinal) orders that may be immediately appealed include: (i) an order granting an injunction (or continuing, modifying, dissolving, or refusing to dissolve an injunction), (ii) an order appointing a receiver, or refusing to wind up or take steps to accomplish purposes of receiverships, (iii) decrees in admiralty cases that find liability but leave damages to be assessed later, (iv) a patent infringement order where only an accounting is wanting, and (v) an order whereby possession of property is changed or affected, such as orders dissolving writs of attachment and the like.

Question 27

Removal

Answer 27

only D can remove