Civil Procedure

Question 1

Statutory requirements for IN PERSONAM JUDX

Answer 1

1. Present in the forum state
2. Is domiciled in the forum state
3. has given consent to the judx
4. Meets the requirements for the long arm or other statute

Question 2

Constitutional requirements for IN PERSONAM JUDX

Answer 2

1. Contacts
   a. Purposefully availed himself to the forum states laws and
   b. Knew or should have known that her activities made it foreseeable that she may be haled into court
2. Relatedness
   a. if the claim is related to the defendants conduct with the forum state it is specific judx
   b. if the claim is unrelated to the defendant’s conduct with the forum state the court must have general judx which means the defendant is essentially at home
3. Fairness
   a. Whether the forum is so gravely difficult and inconvenient that the defendant is put at a sever disadvantage
   b. The plaintiffs interest
   c. The forum states interest
   b. Promoting interstate judicial system in efficiency
4. Notice by reasonable method and given an opportunity to be heard

Question 3

Supplemental Judx

Answer 3

A court may entertain claims that by themselves do not meet one of the 9 heads of federal judx if the claim arises from a Common Nucleas of Operative Facts

Question 4

Supplemental Judx and intervention

Answer 4

Under Supp Judx there is no sup judx for claims by original P against intervening D or by Intervening P when it is intervention as of right. Such claims and claims by permissive joinder may proceed only if there is an independent basis for JUDX

Question 5

SUPP JUDX Third-Party

Answer 5

No diversity or specific amount in cont is required in third-party practice against the third-party P to TPD. Note OP asserting claim against TPD required judx requirements

Question 6

Cross Claim and SUPP JUDX

Answer 6

May be asserted if the claim arises from the same transaction or occurrence as the underlying dispute and does not have to meet the requirements of diversity judx

Question 7

ERIE DOCTRINE SUBSTANTIVE LAW

Answer 7

1. SOL
2. Tolling SOL
3. COL
4. Elements of a claim or defense

Question 8

Removal Key Points

Answer 8

1. A Fed Ct must have judx over the case, judx need not be proper in the state ct
2. Removal is to the federal district court whose territory encompasses the state court
3. Only defendants can remove; all defendants generally must join in the removal
4. A case based on diversity may not be removed if any defendant is a citizen of the forum state
5. Notice of removal must be filed within 30 days of the date defendant receives a copy of the initial pleading
6. If the case later becomes removable (as by dismissal of a non diverse defendant) the case may be removed within 30 days after it becomes removable but for diversity cases not more than one year after it was originally brought in state court.
7. The 1 year rule is disregarded if P has acted in bad faith to D removal

Question 9

Compulsory Joinder

Answer 9

1. Should the absentee be joined: when (1) complete relief cannot be accorded among the parties in his absence (2) The absentee has such interest in the subject matter that his absence will either impair or impede his ability to protect his interest or (3) leave the parties subject to a substantial risk of incurring multiple or inconsistent obligations.
2. Absentee must be joined if it does not destroy SMJ
3. Should the action proceed without them? Yes if (1) of prejudice to the absentee or parties (2) adequacy of judgment / adequate remedy in another forum or (3) the extent to which you can reduce prejudice or avoid it.

Question 10

Intervention

Answer 10

may be granted as of right or permissively if (1) the applicants claim or interest in the property or transaction is the subject matter of this action (2) the disposition of the action without him may impair his ability to protect that interest and (3) the current parties do not adequately present the intervenors rights

Question 11

Motion for New Trial

Answer 11

1. May grant because of an error during trial or if the verdict is against the weight of the evidence. If the verdict is excessive, the court may order a new trial or offer the plaintiff remittitur or taking less, additur is not allowed in federal court the only option is a new trial

Question 12

Claim Preclusion

Answer 12

1. A final judgments on the merits of the case by the same parties under the same cause of action - cause of action has been held to mean arising from the same transaction or occurrence and is the subject matter of a claim asserted by the plaintiff

Question 13

2. Issue Preclusion

Answer 13

1. Full and final judgment on the merits of the case, issue that was actually litigated and central to the claim or action and if applied it is not unfair or inequitable

Question 14

Default Judgment

Answer 14

1. If a party has appeared they are entitled to 7 days notice