Civil Pro

Question 1

Personal Jurisdiction: 1. Contact - don’t have to set foot in forum: foreseeability. 2. Relatedness - P’s claim arising from the D’s contact in the forum.

• If voluntary present in state B and served there (subject to general PJ)
• Fairness: Not for General PJ, only for specific PJ -> forum is in a severe disadvantage in the litigation and also state’s interest and P’s interest
• Complaint + Summon = Process -> Within 90 days of filing complaint -> Can serve to substituted man/agent in person (who resides there)
• • Service by state law may allow mail or email service (where the federal court sits or where service make)
• • For Business or organization: for office, managing or general agent

Answer 1

• Wavier of formed service: complaint + prepaid return method (within 30 days in the US, 60 days in a foreign country) ->If fails without good cause -> D pays the cost of formal service.
• Example: U.S. citizen domiciled in Jpan sues D party of CA in federal court -> No alienage and diversity -> needs intent to remain indefinitely + presence.
• For descendants, minors or incompetents, the representative’s citizenship is irrelevant
• 75000, go with what P claims (can’t aggregate claims from different plaintiffs
• Federal court does not hear divorce, alimony, probate and child custody, but if meet diversity+75000, then can hear
• removal -> within 30 days of service of process. -> 30 days starts again when different co-defendant is served. -> cannot if D is a citizen of the forum AND no removal more than one year after the case filed ->

Question 2

• Supplemental Jurisdiction: 1. Common nucleus of operative facts (same transaction and occurrence) -> Limitation: in diversity case, claims by plaintiff cannot invoke supplemental jurisdiction.
• Supplemental Jurisdiction can fix 75000. But exception (only apply to diversity cases, if federal question arises, no limitation) : 1. asserted by plaintiff. 2. Diversity of citizenship case 3. 75000 ???? (check)
• In diversity case: Federal court needs to apply choice of law rule

Answer 2

• Venue: No transfer from federal court to state court
• Rule 12(b) Motion Defense: 1. lack of SMJ 2. lac of PJ 3. improper venue 4. Improper process 5. improper service of process. 6. Failure to state claim 7. Failure to join indispensable party (2-5 waviable - must reply in first Rule 12 response in 14 day, 6-7 as late as at trail, no time limit for 1)

Question 3

• Joinder: - P can join any claims, even unrelated claims: for multiple D, needs same transaction and occurrence + raise one common question of law or facts
• Necessary to join a party if his interests may be harmed if he is not joined
• D’s counter claim -> P must respond within 21 days
• D has a right to implead within 14 days of serving answer, after that, need permission from court (look at citizenship of third party and defendant)

Answer 3

Class Action: - Can settle only with court approval

• Notice: 1. Can opt out 2. bound if not opted out. 3. Can retain individual counsel
• SMJ: 1. Federal law 2. Consider citizenship of representative 3. Representative’s claim exceed $75,000

Question 4

Expert: 1. Identity 2. Report: a. opinion, and bases for the opinions. 3. facts used to form the opinions, 4. expert’s qualification 5. How much paid

Answer 4

Deposition: - need a subpoena to compel non-party for deposition -> 100 miles unless consent

• If court find information not reasonably accessible because of the cost -> party can still show good cause. -> Court will allocate the cost between parties
• Absolute work product (never discovered): 1. Mental Impressions 2. Opinions 3. Conclusions 4. Legal theories
• Temporary Retraining Order (14 days) -> extendable to 28 days
• Pleadings are not evidence except under oath

Question 5

Summary Judgement: - Judge do not assess the credibility on summary judgement (first hand knowledge from anyone will suffice)

• Fails to move JMOL -> can’t do RJMOL ->within 28 days after judgement
• Summary Judgement is not final judgement so not appealable.

Answer 5

Preclusion: Preclusion law from law of case 1 court

• Ask: 1. same plaintiff v. same defendant? 2. Valid legal judgement? 3. Majority view: Same transaction and occurrence ? Minority view: Different Primary right? (property v. contract)

Question 6

• Supplemental Jurisdiction does not apply for non-diversity impleader added claim against 3rd party
• Federal Question cannot be arised from in anticipated from D’s defense, must on the face of P’s complaint
• When transfer on the ground of improper venue, law of transferee court applies
• ESI not producible if not reasonably accessible because of undue burden or cost
• Expert’s opinion who is not testifying generally not discoverable.
• Physical Examination during Discovery: do not need to submit to exam by another physician without a court order obtained on showing of good causes

Answer 6

• Name, address, telephone numbers -> within 14 days
• JMOL needs to be filed before submitted the case to jury
• Clerk may enter default judgement without noticing the losing party
• Immediately appealbale order: 1. injunction 2. for receivership 3. Decree in admiralty 4. Patent infringement
• If no objection made -> Only appeal with plain error standard of review
• Appeal on JML -> de novo, on motion to new trial -> abuse of discretion
• when plaintiff’s claim wins, cause of action merge into the judgement in later case
• when plaintiff’s claim loses, cause of action is barred
• Supplemental jurisdiction is good unless: asserted by a plaintiff in a diversity case + asserted against citizen of the same state as plaintiff

Question 7

• Motion for summary judgement -> during discovery or within 30 days after end of discovery
• JMOL -> anytime during trial after party has been fully heard (i.e. no evidence of breach)
• Renew JMOL -> Within 28 days of judgement
• Motion of new trial within 28 days -> if no renew JMOL or Motion for new trial, they can’t raise evidentiary insufficiency on appeal
• Deposition can be used as evidence if witness is unavailable, but objection has to be made in deposition for future objection.

Answer 7

Erie: If the law comes from federal rule of Civil Procedure, Constitution, Federal law -> then federal law trumps over state law

• A cross-claim from defendant usually gets supplemental jurisdiction.
• Case in State A, defendant is state A citizen -> cannot remove based on diversity (Personal Jurisdiction -> contact needs to be related to the claim asserted and contact needs to be purposeful)
• If waive the service of process leads to longer time for serving answer -> 60 days of mailing
• Conversation between expert and attorney is protected except compensation and facts provided by attorney (report draft is protected too)