Civil Procedure

Question 1

Personal Jurisdiction Intro

Answer 1

Federal district courts may exercise personal jurisdiction to the same extent as the courts of general jurisdiction of the state in which the district court sits. There are typically two types of personal jurisdiction: general and specific.

Question 2

Personal Jurisdiction Two Steps

Answer 2

State courts of general jurisdiction may exercise personal jurisdiction over non-resident defendants to the extent authorized by both the state’s long-arm statute and the Due Process Clause of the Fourteenth Amendment

Question 3

Specific Personal Jurisdiction

Answer 3

The Due Process Clause permits states to assert personal jurisdiction over nonresident defendants who have established sufficient minimum contacts with the state such that it would not offend traditional notions of fair play and substantial justice

Question 4

Minimum Contacts

Answer 4

Sufficient minimum contacts requires that a defendant purposefully availed themselves to the benefits of the state such that they could reasonably foresee being exposed to suit in the state

Question 5

Subject Matter Jurisdiction- Intro

Answer 5

Subject matter jurisdiction is the power of a court to hear a certain type of case. Federal courts can only hear certain types of cases, typically those based in diversity or those involving a federal question

Question 6

Federal Question

Answer 6

A court will have federal question subject matter jurisdiction if it involves a federal statute, treatise or the Constitution. The federal question must appear on the face of the plaintiff’s well-pleaded complaint

Question 7

Diversity

Answer 7

A case may be brought under diversity jurisdiction only if there is complete diversity of citizenship among the plaintiffs and defendants, and the amount in controversy exceeds $75,000.

Question 8

Domiciled Definition

Answer 8

A person is domiciled where their permanent home is such that they intend to remain there indefinitely and return to after being absent.

Question 9

Supplemental Jurisdiction

Answer 9

A court has supplemental jurisdiction when one or more claims does not have subject matter jurisdiction, but arises from a common nucleus of operative fact from a claim which does.

Question 10

Removal of Action

Answer 10

Defendants may remove an action from state court to the federal court that geographically embraces it if the claim could have initially been brought in federal court

Question 11

Venue

Answer 11

Venue is proper in a district where any defendant resides (if all reside in the same state), where a substantial part of the events of the claim happened, or, where a substantial part of property that is subject to the action is

Question 12

Summary Judgment Motion

Answer 12

Federal Rule of Civil Procedure 56(a) allows a summary judgment motion to be granted only if there is no genuine issue as to any material fact and the movant is entitled to a judgment as a matter of law. The moving party bears the initial burden

Question 13

Transfer of Venue

Answer 13

The federal court has the authority to transfer a case to another federal district for the convenience of the parties and witnesses and in the interest of justice. The new forum must have subject matter and personal jurisdiction. The court will apply the law of the transferor forum

Question 14

Temporary Restraining Order (TRO)

Answer 14

TROs are short-term temporary injunctions that courts grant as a measure until a hearing can be held to determine if a temporary injunction is appropriate

Question 15

Preliminary Injunctions

Answer 15

A preliminary injunction is equitable relief with the objective of preserving the status quo. Courts will look to the harm to the plaintiff, the injury to the defendant, the likelihood of prevailing, and the public interest.

Question 16

Work Product

Answer 16

Work product is any material prepared in anticipation of litigation and is undiscoverable unless an opposing party can show there is a substantial need and without it they would have to undergo undue hardship to obtain it.

Question 17

Claim Preclusion

Answer 17

For claim preclusion to apply, (i) there must have been a valid, final judgment on the merits, (ii), both parties must be the same, and (iii) the new action must arise from the same transaction or occurrence

Question 18

Issue Preclusion (Collateral Estoppel)

Answer 18

For issue preclusion to apply, (i) the issue in both actions must be the same, (ii) there must have been a final judgment on the issue, (iii) the party against whom is being precluded must have had a fair opportunity to be heard, and (iv) it must not be unfair or unjust to apply collateral estoppel

Question 19

Foreign Service of Process

Answer 19

Service on a foreign corporation may be made in accordance with international treaty. If there is no treaty, service can be made in accordance with the foreign country’s laws, by the directions provided by foreign authority, by signed mail sent by a clerk, or by any other means not prohibited.

Question 20

Discovery Rule Statement

Answer 20

Generally discovery can be requested for any matter not privileged that is relevant to the claim or defense of any party, including the identity of people who have knowledge of relevant facts.

Question 21

RJMOL

Answer 21

In determining whether to grant a renewed JMOL, there must have been a previously filed JMOL, and the grounds for it must have been raised in the JMOL. It must be raised within 28 days of judgment.

Question 22

JMOL Standard

Answer 22

To grant a JMOL the court must find that a reasonable jury would not have a legally sufficient basis to find for the party on the issue. The court must view the evidence in the light most favorable to the nonmoving party

Question 23

New Trial

Answer 23

Generally, a new trial may be granted if there was a serious error that occurred during trial. Evidence of juror bias and non disclosure of information may be grounds for a new trial.

Question 24

Removal Jurisdiction Rule Statement

Answer 24

Generally, a defendant in a state court may remove the case to federal court if it could have been filed there originally. Removal is accomplished by filing a petition for removal within 30 days of receipt of the complaint.

Question 25

Transfer of Venue

Answer 25

Typically, venue is considered procedural and thus a matter of federal law. Federal law determines the enforceability of forum selection clauses and will generally allow for them.

Question 26

Permissive Joinder

Answer 26

Under Rule 20, parties may be joined as plaintiffs or defendants whenever some claim is made by each P against each D relating to the same transaction or occurrence and there is a question of law or fact common to all parties.

Question 27

Appealable Orders

Answer 27

Ordinarily, only a final order (disposed of the whole case) is appealable. In exceptional cases, writs of mandamus and prohibition are allowed. Review under the Interlocutory Appeals Act may be permitted too.

Question 28

Class Action Requirements

Answer 28

1. So numerous joinder is impracticable, 2. Common questions of law or fact 3.named party’s interest is typical 4.representative is adequate 5. Falls into permissible category

Question 29

Writ of Mandamus

Answer 29

To issue a writ, a plaintiff must show that they have no other adequate means to obtain the relief desired and that the trial courts action seriously abused their power and must be remedied