Civil Procedure

Question 1

Federal Court in Diversity

Answer 1

Federal court sitting in diversity to apply the choice-of-law rules of the state in which it sits

Question 2

Not sitting in diversity

Answer 2

If the court is not sitting in diversity and is exercising federal question jurisdiction, federal law will apply and there is no need to examine applicable state law

Question 3

Judgement as a matter of law (option to renew)

Answer 3

Option to make a renewed motion for judgement as a matter of law, following a judgement being entered against him. Party must renew its motion no later than 28 days after the judgement is entered against them

Question 4

Denial of leave to amend

Answer 4

Courts may deny leave when the claim to be added is futile

Question 5

Relation back of amendments

Answer 5

FRCP 15 a relation back of amendment that add a party WILL be permitted if the failure to name the party is the result of a mistake in identity

Question 6

Closing of discovery

Answer 6

does not automatically foreclose the ability to amend a complaint to add a new party

Whether they will be prejudiced by being made a party at this stage is relevant to whether to allow the amendment, it is not dispositive

Question 7

Futile

Answer 7

Claim against the competitor comes after the applicable limitations period expired, and amendment does not relate back under FRCP 15.

Question 8

Federal court

Answer 8

must have both PJ & SMJ

Question 9

personal jurisdiction (PJ)

Answer 9

refers to the ability of a court to exercise power over a particular D or item of property

Question 10

subject matter jurisdiction

Answer 10

means the court has the power to adjudicate a certain kind of controversy.

In federal courts, two basic kinds: suits between citizens of diff states (diversity) suits involving a federal question

Question 10

subject matter jurisdiction

Answer 10

means the court has the power to adjudicate a certain kind of controversy.

In federal courts, two basic kinds: suits between citizens of diff states (diversity) suits involving a federal question

Question 11

Diversity

Answer 11

no other basis for federal jurisdiction generally must be complete diversity. No p is a citizen of the same state as any D

Question 12

41(a(2) Permits a P to obtain a voluntary dismissal by filing a motion w/ the court

Answer 12

A dismissal order under FRCP is presumptively w/o prejudice, consistent w/ the woman’s goal of refilling an action at a later date

Question 13

41(a)(1) a p may file a notice of dismissal w/o having to seek permission from the court

Answer 13

filing such a dismissal is available only until D answers or moves for summary judgement

Question 14

Pleading amendment

Answer 14

a pleading may be amended once without the leave of the court within 21 days after the original pleading is filed

After the 21 window to amend a pleading as a matter of a course closes it allows courts to grant leave to amend when justice so requires.

Question 15

Leave to amend a pleading denied

Answer 15

only if it would cause actual prejudice to the other party

Question 16

Statute of Limitations runs out between the filing of the original complaint & the amendment

Answer 16

to avoid a time bar a litigant may argue that their amended pleading relates back to the date of the original pleading

Question 16

Statute of Limitations runs out between the filing of the original complaint & the amendment

Answer 16

to avoid a time bar a litigant may argue that their amended pleading relates back to the date of the original pleading

Question 17

An amendment relates back

Answer 17

when the date of the original pleading, when the claim or defense asserted in the amended pleading arose, out of the conduct, transaction or occurrence set out in the original pleading

Question 18

Summary judgement

Answer 18

may be granted if for the pleadings, affidavits, and discovery materials it appears there is no genuine dispute of material fact (meaning a dispute backed by evidence on both sides of the issue), the case must go to trial

Question 19

Affidavits

Answer 19

must be made on personal knowledge

A witness may testify to a matter only if the evidence introduced is sufficient to support a finding that a witness has personal knowledge of the matter

Question 20

Motions opposing summary judgements

Answer 20

Must be supported with affidavits

affidavits must:

1. be based on personal knowledge;
2. set forth such facts as would be admissible during trial; AND
3. show that the affiant is competent to testify

not merely own belief

Question 21

Federal rules, notice pleading requirement

Answer 21

complaint must contain more than legal conclusions, but facts that make a claim plausible

Question 22

The dismissal of the federal law claim does not divest the court of supplemental jurisdiction over the state law claim

Answer 22

if a P presents a colorable claim under federal law it will be sufficient to support supplemental jurisdiction over state-law claims that form part of the same case or controversy

The court may in its discretion, rely on the dismissal as a reason to discontinue hearing the state-law claim but it is not required to do so

Question 23

Supplemental jurisdiction

Answer 23

a discretionary doctrine.

A court is never obligated to exercise it. Even when the state law claim forms part of the same case or controversy as the federal claim

Question 24

Well pleaded complaint rule

Answer 24

The basis for federal SMJ must appear on the face of P’s complaint

SMJ cannot be conferred bc of the nature of the defense raised in response to a claim

Question 25

Court may exercise supplemental jurisdiction over the state-law claim bc it forms part of the same case or controversy as the federal law claim

Answer 25

The dismissal of the federal law claim does not divest the court of supplemental jurisdiction.

Question 26

Pleadings

Answer 26

Pleadings must be nonfrivolous and not issued to harass or delay adversary

Question 27

Rule 11

Answer 27

governs pleadings & sanctions regarding matters in violation of this specific rule (does not apply to disclosures & discovery requirests, responses, objections, and motions)

A lawyer who fails in this duty may be fined or otherwise sanctioned if their pleadings are frivolous

Pleader herself does not need to swear to the pleading in most instances

Pleader’s lawyer must sign the pleading and is responsible for its contents in some important ways

Question 28

Personal Jurisdiction

Answer 28

Courut