Civil Procedure

Question 1

Subject Matter Jurisdiction - Opening Statement

Answer 1

A federal court can only hear cases where it has subject matter jurisdiction, because it is a court of limited jurisdiction

Question 2

Personal Jurisdiction

Answer 2

Traditional:
1) Domicile;
2) Service in the State;
3) Consent;
4) Waiver.

Modern/Non-Resident
1) Long Arm Statute
a - Minimum Contacts
b - Fair Play and Substantial Justice

Question 3

Removal

Answer 3

A defendant may remove a case to a federal court sitting in the State where the claim was filed if:
1) the federal court has subject matter jurisdiction;
2) all defendants agree;
3) no defendant is a resident of the forum state (if removal sought under diversity);
AND
4) removal is sought within 30 days of service of Summons or receiving initial pleading.

Question 4

Venue

Answer 4

For federal court, venue is property in any district where
a) any defendant resides;
b) where a substantial portion of the claim occurred;
c) where a substantial part of the property is located;

Question 5

Scope of Discovery (mental and physical exams)

Answer 5

A party may obtain all non privileged information that is:
1) relevant to any party’s claim or defense;
AND
2) proportional to the needs of the case.

Information within the scope of discovery need not be admissible in the ultimate trial

Question 6

Claim Preclusion - Res Judicata

Answer 6

Precludes the parties in an action from re-litigating any claim that could have been raised in that action.
Four elements:
1) the parties are identical or in privity;
2) the judgment in the prior action was rendered by a court of competent jurisdiction;
3) the prior action was concluded by a final judgment on the merits;
AND
4) the same claim was involved in both actions.

Question 7

Relation-back Doctrine

Answer 7

An amendment to a pleading relates back to the date of the original pleading when:
a) the amendment asserts a claim or defense that arose out of the same conduct, transaction, or occurrence as the original pleading allegations;
OR
b) the law the provides the applicable statute of limitations allows the relation back.

Question 8

Subject Matter Jurisdiction - Types

Answer 8

1) Federal Question Jurisdiction
2) Subject Matter Jurisdiction
3) Supplemental Jurisdiction

Question 9

Issue Preclusion - Collateral Estoppel

Answer 9

Precludes a party from attempting to retry an issue if there has been a final judgment on the merits by a court of competent jurisdiction.

Issue preclusion may be invoked if:
1) a valid and final judgment was rendered in the first action;
2) the issue is identical to the issue decided in the prior action;
3) the issue was actually litigated, determined, and essential in the prior action
AND
4) the party against whom enforcement is sought had a full and fair opportunity to litigate the issue in the first action.