Civil Procedure

Question 1

Personal Jurisdiction

Four Traditional Bases for
Personal Jurisdiction

Answer 1

1. domicile - D is domiciled in forum state
2. service of process - D is personally served in forum state
3. consent - D consents to jdx (express or implie)
4. waiver - D substantially participates on the merits before aising objection (e.g., makign a general appearance)

Question 2

Service of Process

Service Requirements

Answer 2

Within 90 days of filing of case D must be served with:
1. summons - formal notice of the suit
2. copy of complaint

Question 3

Service of Process

Waiver of Service:
Effect of D’s Denial/Failure to Respond

Answer 3

if D does NOT waiver service –>
P MUST serve through another acceptable method

Question 4

Service of Process

Waiver of Service:
Effect of D’s Agreement to Waive

Answer 4

D’s time to answer complaint extends to 60 days from the date waiver request was sent (as opposed to normal 21 days)

NOTE: waiving service does not waive right to object to venue or jdx!

Question 5

Venue

Determining Proper Venue

Answer 5

Venue is proper where:
1. any D resides, if Ds all reside in same state
2. the claim or property is located - i.e., where
(a) a substantial part of events giving rise to claim occurred or (b) property at issue is located
3. any D is subject to PJ (if neither of the above provisions apply)

Question 6

Law Applied by Federal Courts

Examples of Procedural Issues
under Erie Doctrine

Erie Doctrine

Answer 6

procedural = concerning processes & procedures
examples include:
* filing deadlines
* court rules & procedure
* discovery practices
* rules of evidence

Question 7

Law Applied by Federal Courts

Examples of Substantive Issues
under Erie Doctrine

Erie Doctrine

Answer 7

substantive = concerning legal rights and duties
examples include:
* elements of claim or defense (including amount of damages available)
* burdens of proof
* statutes of limitations

Question 8

Appealability and review

Appellate Standards of Review

Answer 8

1. de novo - applicable to pure legal issues
2. clear error - applicable to factual issues in bench trials
3. substantial evidence - applicable to factual issues in jury trials
4. abuse of discretion - applicable to discretionary rulings by judge

• legal issue = conclusions of law & jury instructions
• factual issue = credibility of witnesses and factual determinations/verdict
• discretionary ruling = injunctions & admissibility of evidence

Question 9

Appealability and review

De Novo:
Level of Review

Answer 9

• no deference
• reverse if reasonably believe trial judge misinterpreted law

an appellate court reviewing district court’s interp of state law * must follow any rulings issued by state’s highest court while theappeal was pending

Question 10

Appealability and review

Clear Error:
Level of Review

Answer 10

• high deference
• reverse if no reasonable judge would have made finding

Question 11

Appealability and review

Substantial Evidence:
Level of Review

Answer 11

• high deference
• reverse if no reasonable jury would have made finding

Question 12

Appealability and review

Abuse of Discretion:
Level of Review

Answer 12

• high deference
• reverse if decision was unreasonable/arbitrary

Question 13

Appealability and review

Final-Judgment Rule

Answer 13

if court entered a final judgment –> appeal allowed
* final judgment = decision fully resolves merits of dispute, leaving nothing but enforcement

Question 14

Appealability and review

Exceptions to Final-Judgment Rule
(“In Certain Circumstances, An Appeal Can Be Made Prematurely”)

Answer 14

“In Certain Circumstances, An Appeal Can Be Made Prematurely”
* I - Injunction (grant/denial)
* C - Certification by district court
* C - Class action certification
* A - Appointment of receiver
* A - Admiralty cases
* C - Collateral-order doctrine
* B - Bankruptcy cases (certain orders)
* M - Mandamus (petition for writ)
* P - Patent-infringement order (accounting left)

Question 15

Appealability and review

Collateral-order Doctrine

Exceptions to Final-Judgment Rule

Answer 15

Collateral-order doctrine allows an immediate appeal from an interlocutory order that:
1.** conclusively resolves **an **important issue **that
2. is **separate from the merits **of the underlying claim and
3. cannot be effectively reviewed on appeal from a final judgment

Examples of collateral orders
* denying state 11A immunity
* denying gov’t official/employee immunity
* vacating attachment of vessel
* refusing to require security bond pursuant to state law
* remanding action to state court based on abstention

Question 16

Posttrial Relief

Answer 16

• attorney’s fees [timing = ≤ 14 days after entry of judgment]
• judgment as a matter of law [timing = ≤ 28 days after entry of judgment]
• new trial [timing = ≤ 28 days after entry of judgment]
• alter/amend judgment [timing = ≤ 28 days after entry of judgment]
• correction of mistake [timing = freely OR w/ appellate court’s leave if docketed]
• extraordinary relief [timing = ≤ 1 uear after entry of final judment]

Question 17

Grounds for New Trial

Posttrial Relief

Answer 17

• prejudicial trial error
• prejudicial misconduct by judge, attorney, party, juror
• verdict not supported by clear weight of evidence
• verdict based on false/nonexistent evidence
• excessive or inadequate damages
• newly discovered evidence

Question 18

Jury Instructions:
Requests After the Close of Evidence

Posttrial Relief

Answer 18

party may request specific jury instructions after the close of evidence when
1. the instruction relates to an issue that could not have been reasonably anticipated by the deadline or
2. the court grants permission.

Question 19

Claim Preclusion (Res Judicata)

Answer 19

a valid final judgment on the merits repcludes the religitigation of identical claims b/t identical parties
* parties are identical if they occupy the same roles in the first and subsequent actions (e.g., same party must be plaintiff in both actions)
* if the are in different roles –> claim preclusion will still apply if a party violated the first court’s compulsory-counterclaim rule

Question 20

A counterclaim is compulsory (i.e., must be asserted) if it…

Answer 20

1. arises from the same transaction or occurrence as the opposing party’s claim and
2. does not require adding a party over whom the court cannot acquire jurisdiction

Question 21

Venue

Special rules for where venue is proper apply to…

Answer 21

• removal
• foreign residents
• federal officials sued in official capacity
• foreign gov’ts
• multiparty, multiforum litigation
• Federal Torst Claims Act

Question 22

Venue

Proper venue when defendant is a foreign resident

Answer 22

any judicial district