Civil Procedure Flashcards
1
Q
Personal Jurisdiction
A
- Authorized by long arm statute
- Constitutional
- Sufficient minimum contacts (arises from or relates to - specific jurisdiction; general - “at home”)
- Fair and reasonable
2
Q
Summary Judgement
A
- From pleadings, affidavits, and discovery materials;
- It appears there is no genuine issue of material fact; and
- Moving party is entitled to judgement as a matter of law
3
Q
Claim preclusion
A
- Valid, final judgement on the merits
- Both parties must be the same (or in privity with a party); and
- the new action must involve the same cause of action (arise out of the same transaction or occurrence)
4
Q
Issue Preclusion
A
- Issues in both action must be the same;
- there must have been a final judgement as to that issue;
- the party against whom collateral estoppel is asserted must have had fair opportunity to be heard on the matter; and
- The posture of the case must be such that is would not be unfair or inequitable to apply collateral estoppel
5
Q
General Discovery Principles
A
- Discovery may be had of any matter not privileged
- That is relevant to the claim or defense of any party, including the identity of persons having knowledge of relevant facts
6
Q
Work-Product Doctrine
A
- Prepared in anticipation of litigation
- Only on a showing of substantial need; and
- To avoid undue hardship in obtaining the material from other sources
7
Q
Renewed JMOL
A
- Grounds are limited to original motion
- Must be made within 28 days of judgement
- Must be made at trial
- Reasonable jury would have no legally sufficient basis
- View the evidence in light most favorable to non-moving party, without considering credibility of witnesses
8
Q
Removal Jurisdiction
A
- Can remove a case to federal court if it could have been filed originally in federal court
- Petition for removal must be filed within 30 days of formal receipt of complain
9
Q
Transfer of Venue
A
- Must determine whether venue has been properly laid (forum selection clause does not make venue improper); and
- whether any basis for transfer of venue exists (convenience or consent)
- Can transfer to another venue in which the action could have been brought originally or to which the parties have consented
10
Q
Public Interest Factors for Forum Selection Clause
A
- What law applies
- What community should be burdened with jury service; and
- Desire to keep local action local
11
Q
How to Remove (Procedure)
A
- File notice with federal court (with grounds for removal)
- Copies of notice sent to opposing parties and state court
- Within 30 days of formal receipt of complain
- If based on diversity, can’t be more than 1 year
- All defendants must join
12
Q
Permissive Joinder
A
- Can be joined whenever
- Some claim is made by each party against the other relating to or arising out of the same transaction or occurrence; and
- There is a question of law or fact common to all parties
13
Q
Supplemental Jurisdiction
A
- Supplemental claim must arise from the same nucleus of operative fact as the claim with SMJ
- Can’t destroy diversity (if SMJ is based on diversity)
- Plaintiffs generally can’t use unless only the amount in controversy is too low
14
Q
Requirements for Entering Final Judgment on Fewer Than All the Claims or Parties
A
- Express determination that there is no reason for delay
- A direction for entry of judgement
15
Q
Final Order
A
- Disposes of whole case - i.e. all parties and claims
