Civil Procedure

Question 1

Three elements of constitutional personal jurisdiction analysis

Answer 1

1) Contact with the forum state
2) Relatedness of the claims to the contact
3) Traditional notions of fair play and substantial justice

Question 2

Factors considered in traditional notions of fair play and substantial justice

Answer 2

1) Convenience to the defendant
2) plaintiffs interest in obtaining convenient and effective relief
3) forum states interest in providing redress for its resident
4) interstate judicial system’s interest in efficiency

Question 3

Two types of subject matter jurisdiction

Answer 3

1) federal question
2) diversity cases
(3) supplemental jurisdiction).

Question 4

When is there supplemental jurisdiction?

Answer 4

Claims that arise from a common nucleus of operative fact as the claim that invoked original subject matter jurisdiction

Question 5

Four most common areas of “substantive law” for Erie doctrine questions

Answer 5

1) statutes of limitations
2) rules for tolling statutes of limitations
3) choice of law rules
4) elements of a claim or defense

Question 6

Timeline for requesting a jury trial

Answer 6

File a motion within 14 days after the filing of the last pleading directed to the jury-triable issue. Failure to do so constitutes waiver of right to jury trial.

Question 7

Do federal courts sitting in diversity follow state rules or federal rules on right to a jury trial?

Answer 7

Federal.

Question 8

How to preserve appeal on erroneous jury instructions

Answer 8

Make objection outside of the jury’s presence before the instruction is given. Failure to do so waives the appeal UNLESS the erroneous instruction was plain error that affected a party’s substantial rights.

Question 9

What happens if a jury gives erroneous or inconsistent determinations?

Answer 9

Judge can either order them to deliberate more or order a new trial.

Question 10

Rules for voluntary dismissal

Answer 10

A plaintiff may dismiss his actions by notice without leave of the court before the D files an answer or motion for summary judgment. First time filing is without prejudice. Second time is with prejudice (including if claim had previously been filed and voluntarily dismissed by a state court).

Question 11

Standard for summary judgment and when it can be filed

Answer 11

No genuine issue of material fact exists and the moving party its entitled to judgment as a matter of law. Filed until 30 days after the close of discovery.

Question 12

Standard for judgment on the pleadings and when it can be filed

Answer 12

On the face of the pleadings (without considering matters outside the pleadings), the moving party is entitled to judgment. Filed after pleadings are closed but not so late as to delay trial.

Question 13

Standard for motion for new trial and when it can be filed

Answer 13

Filed no later than 28 days after judgment. Court may grant a new trial because of error during trial or because the verdict is against the weight of judgment.

Question 14

Result of “excessive” verdict

Answer 14

Court may order new trial or offer the plaintiff remittitur, which allows the P to choose between a lesser award or a new trial.

Question 15

Standard for judgment as a matter of law and timing of filing

Answer 15

Evidence viewed in light most favorable to motion’s opponent leads reasonable person to conclusion in favor of moving party. Filed after opponent has presented case by before submission of case to the jury.

Question 16

Renewed motion for judgment as a matter of law standard and timing of filing

Answer 16

The verdict returned could not have been reached by reasonable persons. Moving party musth ave previously sought judgment ass a matter of law sometime during the trial. Must filed within 28 days after entry of judgment.

Question 17

Two different trial level attacks on judgment at the trial court level – relief from judgment or order – what are they and when file?

Answer 17

1) Motion to amend prior orders or renew prior motions (must be filed within 28 days of the order)
- new evidence has been discovered not previously available; an intervening change in controlling law; there is a need to correct a clear error; there is a need to prevent manifest injustice.
2) Other grounds for relief (must be filed within 1 year for i, ii, and iii and within a “reasonable” time” for others)
- mistake; newly discovered evidence that could not be discovered in time to move for new trial, fraud by an adverse party, judgment is void, judgment has been satisfied, any other reason justifying relief

Question 18

Time for appeal and how to file

Answer 18

An appeal may be taken by filing a notice of appeal with the district court within 30 days from the entry of the judgment appealed from. UNLESS there was a renewed motion for judgment as a matter of law, motion for new trial, or to set aside or amend judgment, in which case the running of 30 days starts upon entry of order on THOSE motions.

Question 19

Interlocutory orders as right

Answer 19

injunctions, appointments of receivers, and certain admiralty, patent infringement and property possession cases.

Question 20

What is the Interlocutory Appeals Act and what does it provide?

Answer 20

Federal law that allows for discretionary appeal when (i) trial judge certifies that the interlocutory order involves a controlling question of law, as to which there is substantial ground for difference of opinion and immediate appeal from the order may materially advance the ultimate termination of the litigation and (ii) the court of appeals agrees to hear the appeal.

Question 21

Appeal of certification of class actions

Answer 21

An order granting or denying certification of a class action may be reviewed at the court’s discretion within 14 days after the entry of the order.

Question 22

Exceptional appeal cases

Answer 22

In exceptional cases, the final order rule may be circumvented through the appellate writs of mandamus and prohibition (compelling a judge to act or prohibiting a judge from acting).

Question 23

Standards of review (law, fact, mixed questions)

Answer 23

Standards of review on matters of law: appellate court may substitute its judgment for that of trial judge. Standard is de novo review.

Standard of review of questions of fact: judge’s findings of fact will not be disturbed unless they were “clearly erroneous.” Findings of fact by a jury will be affirmed on appeal if, while viewing the evidence in the light most favorable to affirming the jury’s verdict, a reasonable jury could have reached the same conclusion.

Standard of review on mixed questions of law and fact: They are reviewed de novo.

Question 24

What is claim preclusion and what is another name for it?

Answer 24

Claim preclusion = res judicata. Under the doctrine of claim preclusion, once a final judgment on the merits has been rendered on a particular cause of action, the claimant is barred from trying the same cause of action in a later lawsuit. Modern approach is to require all claims arising out of the same transaction or occurrence that is the subject matter of a claim asserted by P.