Civil Procedure

Question 1

For purposes of diversity jurisdiction, a corporation is considered to be a citizen of:

Answer 1

every state in which it is incorporated and the one state in which it has its principal place of business

Question 2

For purposes of diversity jurisdiction, the state citizenship of an individual is determined by:

Answer 2

domicile

(1) presence
(2) intent to return

Question 3

A party’s state citizenship for purposes of diversity jurisdiction is determined:

Answer 3

when the lawsuit is filed and if it changes after the suit is filed that does not matter

Question 4

A party’s state citizenship for purposes of diversity jurisdiction is determined:

Answer 4

an amount that exceeds 75,000.00

75,000.01 is enough

Question 5

A partnership is a citizen of

Answer 5

ach state of which one of its partners is a citizen, both limited and general.

Question 6

In a diversity case, substantive law does the federal court apply

Answer 6

the law of the state in which the federal court is located including their choice of law rules (which may tell them to apply the law of a different state, but the answer to the question is still the law of the state the fed. court is located in)

Question 7

Who can invoke supplemental jurisdictions

Answer 7

usually only defendants

Question 8

When can a plaintiff invoke supplemental jurisdiction

Answer 8

when p-2 has a claim arising from the same t/o but it does not meet diversity jurisdiction requirements because their claim amount is not enough but p-1’s claim does meet diversity requirements

Question 9

In order to satisfy federal question jurisdiction, the federal question must appear in:

Answer 9

the plaintiff’s complaint

Question 10

A complaint __________ create federal question jurisdiction if it alleges federal issues only in anticipation of some defense.

Answer 10

will not

the federal question must appear as part of the plaintiff’s cause of action as set out in a well-pleaded complaint

Question 11

When a plaintiff has both federal and state-based claims against a defendant and diversity jurisdiction does not exist, the federal court has:

Answer 11

Discretion to exercise supplemental (pendent) jurisdiction over the state law claim if the two claims derive from a common nucleus of operative fact (same case or controversy) and are such that a plaintiff would ordinarily be expected to try them all in one judicial proceeding

Question 12

What happens to a claim heard due to supplemental jurisdiction if the original federal claim giving the court subject matter jurisdiction is dismissed

Answer 12

the court may continue to exercise supplemental jurisdiction over the state claim even though the original claim is dismissed on the merits

should probably be dismissed if the federal claim is dismissed before trial

Question 13

remand

Answer 13

when a federal court sends a claim back to the state court it originated in

meaning the claim was removed from state court to federal court and is now being remanded back to state court

Question 14

federal courts exclusive jurisdiction

Answer 14

bankruptcy, patent and copyright, antitrust cases

Question 15

Absent a showing of substantial need and undue hardship, the “work product” (a document or tangible thing) made by a party or representative of a party (such as the party’s attorney) is not discoverable if:

Answer 15

made in anticipation of litigation

unless the party requesting discovery can show substantial need and undue hardship if disclosure is not ordered.

Question 16

Parties may obtain discovery of any _______ matter that is _______ to any party’s claim or defense and _______ to the needs of the case.

Answer 16

non privileged, relevant, proportional

also not subject to work product exception: rial preparation materials are documents or other tangible things prepared in anticipation of litigation or for trial are not discoverable (CHECK THIS RULE)

Question 17

Required disclosures

Answer 17

Unless a different time is set by court order or stipulation, within 14 days after the Rule 26(f) meeting the parties must provide the names, addresses, and telephone numbers of individuals likely to have discoverable information that the disclosing party may use to support its claims or defenses (unless needed solely for impeachment).

Other disclosures that must be made at this time include: (1) copies or descriptions of documents, electronically stored information, and tangible things that are in the disclosing party’s possession or control and that the disclosing party may use to support its claims or defenses, unless solely for impeachment, (2) computation of damages claimed by the disclosing party and copies of materials upon which the computation is based; and (3) copies of insurance agreements under which an insurer might be liable for all or part of any judgment that might be entered.

Question 18

During discovery, electronically stored information need not be produced if the responding party identifies it as:

Answer 18

Not reasonably accessible because of undue burden or cost

Question 19

Non-testifying expert

Answer 19

The opinion of an expert consulted in anticipation of litigation is discoverable if a party intends to call the expert as a trial witness. Conversely, the opinion of an expert who is retained in anticipation of litigation but who is not expected to testify at trial (i.e., a consulting expert) is discoverable only upon a showing of exceptional circumstances under which it is impracticable to obtain facts or opinions by other means. Absent such circumstances, these opinions are not discoverable, regardless of whether the nontestifying expert was informally consulted or whether she was retained or specially employed.

Question 20

Discoverable information contained in business records

Answer 20

In a situation where desired information may be ascertained from the business records of the party on whom the interrogatory was served, and where the burden of finding the information is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to provide the serving party reasonable opportunity to examine the records.

Question 21

Venue

Answer 21

Can be waived

Deemed waived unless timely objected to

Question 22

For venue purposes, a business entity defendant is deemed to reside in:

Answer 22

Any judicial district in which the defendant is subject to the court’s personal jurisdiction with respect to the action in question

Question 23

Can either subject matter jurisdiction or venue be conferred by agreement?

Answer 23

Venue only

Question 24

When a transfer is based on the ground that venue was improper, which law applies in the transferee court?

Answer 24

Law of the transferee court

Question 25

Federal venue in civil actions is proper for individuals in:

Answer 25

(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. If there is no district anywhere in the United States that satisfies (1) or (2), the action may be brought in a judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.

Question 26

Dismissal for forum non conveniens.

Answer 26

Even if the court has personal jurisdiction over the defendants, subject matter over the action, and venue is proper, the 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 forum.

Question 27

Clerk may enter default judgment if

Answer 27

Following a default by a defendant, the clerk may sign and enter a judgment for the amount set forth in the plaintiff’s affidavit if the defaulted defendant is not an infant or an incompetent and plaintiff’s claim is for a sum certain and the default was entered because the defendant failed to appear.

Question 28

In a federal question case, the action is always deemed commenced for statute of limitations purposes when:

Answer 28

The complaint is filed with the court

Question 29

Rule 4 service

Answer 29

Under Rule 4, an individual defendant may be served by leaving a copy of the papers at the individual’s dwelling or place of abode with someone of suitable age and discretion who resides there.

Can be served by any person over 18 who is not a party.

Question 30

D impleader

Answer 30

A defending party may implead a nonparty if the nonparty is or may be liable to the party for any part of a judgment that the plaintiff may recover against it. This is known as indemnity. `

Question 31

Are interlocutory orders appealable

Answer 31

Generally, no. Exception: preliminary injunctions

Question 32

JMOL

Answer 32

During a trial, a motion for judgment as a matter of law (“JMOL”) may be filed at any time before submission of the case to the jury. The moving party must specify in its motion the judgment sought and the law and facts on which the party is entitled to judgment. Note, however, that the nonmoving party must have been heard on the issue.

Question 33

Newly discovered evidence

Answer 33

Newly discovered evidence that by due diligence could not have been discovered in time to move for a new trial is a ground upon which a party can seek relief from a judgment or order, provided the party makes a motion within a reasonable time not to exceed one year.

Question 34

To receive a jury trial, a party generally must:

Answer 34

File a written demand and serve it on all the parties within 14 days after the service of the last pleading directed to the jury-triable issue