civil procedure

Question 1

what do courts do when improper venue motion

Answer 1

they will transfer, NOT dismiss

Question 2

rule for proper venue with multiple D

Answer 2

can only use venue of state where D resides if D’s reside in SAME state

Question 3

two steps for analyzing pj

Answer 3

satisfies state statute, satisfies constitutional re

Question 4

when analyzing constitutional reqs for pj

Answer 4

“does the D have such minimum contacts with the forum so jurisdiction doesn’t offend trad. notions of fair play?”

Contact: purposeful availment and foreseeability

relatedness: does claim arise from D contact in state?

If specific jurisdiction: is it fair to try D in this forum, balance

• burden on D and witnesses
• states interest
• P interest

Question 5

how do you test if equitible relief equals amount in controversy

Answer 5

can either use

• benefit to P
• cost to D

Question 6

must all D join in removal

Answer 6

yes, if served with process

Question 7

can P remove

Answer 7

NEVER EVER

Question 8

who removes and who remands

Answer 8

P remands, D removes

Question 9

supplemental J standard

Answer 9

common nuclues of operative facts with original claim

oringial claims must meet diversity or fed q

always met for same transaction/occurance

Question 10

can P invoke supplemental J

Answer 10

NO

Question 11

erire doctrince

Answer 11

must follow state law or free to ignore state law?

1. does a federal law govern? if yes, then federal law wins
2. If not, apply state law for these five matters:
   - choice of law
   - eleemnts of a claim or defense
   - statu of limit
   - toling statue
   - grant a new trial bc damage excessive
3. if not any of those, then blanace these three factor
   - outcome determinative
   - balance of interest (fed v state)
   - avoid forum shopping

Question 12

claim preclusion

Answer 12

must have

• same claimant, same D
• valid final judgment on the merits
• case 1 and 2 are the same claim

claim: any right to relief arising from a transaction or occurance
- -minority view: primary rights view (all rights implicated sepearate climas)

Question 13

issue preclusion

Answer 13

• valid final judgment
• same issue actually litigated
• issue was essentail to judgment

Question 14

nonmutual defensive issue preclusion

Answer 14

person using issue preclusion NOT a party in case 1 AND is the D in case 2

always good

Question 15

nonmutual offensive issue preclusion

Answer 15

person using preclusion was NOT a party in case 1 AND is the P

most states say no

fairness factors:

party had full/fair opp to litigate
party to be bound has strong incentive to litigate case 1
party asserting issue preclusion could have easily joined case 1
no inconsistent findings on the issue