Civil Procedure

Question 1

Personal Jurisdiction constitutional analysis standard

Answer 1

Does the defendant have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice.

1. Contact (purposeful availment and foreseeability)
2. Relatedness (contact caused harm)
3. Fairness (specific PJ only)

Question 2

Service of process

Answer 2

Any person who is not a party and who is 18 years old can serve.
Must be within 90 days of filing.
Served:
- on plaintiff personally
- at the defendant’s usual place of abode with someone of suitable age and discretion who resides there
- on the defendant’s agent
- by method of state of federal court or where service is made
- on an officer or managing agent

Question 3

Removal

Answer 3

All defendants consent to remove to federal court if the case could have been filed in a federal court.
No later than 30 days after service.

If based on diversity only:
- NO if any defendant is a citizen of the forum state or more than one year has passed since the case was filed

Question 4

Remand

Answer 4

If based on anything other than SMJ, must be no later than 30 days after the filing of the notice of removal - otherwise, no time limit.

Question 5

Supplemental Jurisdiction

Answer 5

Must share a common nucleus of operative fact with the claim that already has SMJ (same transaction or occurrence).

If based on diversity jurisdiction:
- claims by plaintiffs cannot invoke supplemental jurisdiction unless there are multiple plaintiffs and one of their claims does not meet the amount in controversy.

Question 6

Erie Doctrine

Answer 6

1. federal law is superior
2. if no federal law, then apply the state law if the issue is substantive, including:
   - conflict of law
   - elements of a claim
   - statutes of limitation
   - excessive/inadequate damages

Question 7

Proper Venue

Answer 7

Any district where:
- all defendants reside or
- a substantial part of the claim arose or a substantial part of the property involved is located

Question 8

Defendant’s time to respond

Answer 8

Defendant must respond by motion or by answer no later than 21 days after being served OR
if waived service - then 60 days from time plaintiff mailed the waiver form

Question 9

Waivable defenses

Answer 9

If not in the first response:
- lack of PJ
- improper venue
- improper process
- improper service of process

If not at trial:
- failure to state a claim
- failure to join an indispensable party

Question 10

Amendment of Pleading - plaintiff

Answer 10

Right to amend once no later than 21 days after the defendant serves first motion/answer.

Question 11

Amendment of Pleading - defendant

Answer 11

Right to amend once no later than 21 days of serving answer.

Question 12

Amendment to join a claim not originally asserted

Answer 12

Pleading relates back if the pleading concerns the same conduct, transaction, or occurrence as the original pleading.

Question 13

Amendment to change a defendant

Answer 13

Will relate back if:
- the amendment concerns the same conduct, transaction, or occurrence
- defendant had such knowledge of the case such that she will be able to avoid prejudice and
- the defendant knew or should have known that, but for a mistake, she would have been named originally
all within 90 days after filing of complaint

Question 14

Necessary party

Answer 14

• without the absentee, the court cannot afford complete relief among the existing parties
• the absentee’s interest may be harmed
• the absentee claims an interest that subjects a party to multiple obligations
  *NO joint tortfeasors

Question 15

Class type 1

Answer 15

Class is necessary to avoid harm (prejudice) either to class members or to the non-class party

Question 16

Class type 2

Answer 16

Defendant treated the class members alike and therefore plaintiffs need equitable relief.

Question 17

Class type 3

Answer 17

(1) common questions must predominate over individual questions and (2) the class action is a superior method to handle the dispute

• must notify all class members and members can opt out

Question 18

Initial discovery disclosures

Answer 18

all names, numbers, addresses of persons and documents and tangible things that the party may use to support claims and defenses

• withiin 14 days of the Rule 26(f) conference

Question 19

Preliminary injunction requirements

Answer 19

1. plaintiff is likely to suffer irreparable harm
2. likely to win on the merits
3. balance of hardship favors her
4. injunction is in the public interest

Question 20

Voluntary dismissal

Answer 20

May do so without a court order once before the defendant serves an answer or motion for summary judgment

Question 21

Default judgment requirements

Answer 21

Clerk of the court can enter a default judgment IF:
- defendant made no response at all
- claim itself is for sum certain in money
- plaintiff gives an affidavit of the sum owed and
- defendant is not a minor or incompetent

Question 22

Right to jury trial in federal court

Answer 22

7th Amendment - right to jury trial in “civil actions at law”
- If mixed, jury issues are tried first
- must demand jury in writing no later than 14 days after service of the last pleading addressing a jury triable issue

Question 23

RJMOL

Answer 23

Reasonable people could not disagree on the result.
Views the evidence in the light most favorable to the non-moving party.
Must be made within 28 days after entry of judgment.

Question 24

Motion for New Trial

Answer 24

Must be within 28 days after entry of judgment. Can be for:
- erroneous jury instruction
- new evidence discovered
- misconduct by a juror or other party
- judgment against the weight of the evidence
- damages are inadequate or excessive

Question 25

Interlocutory Appeals Act

Answer 25

Appeal of a nonfinal order if:
- the district judge certifies that it involves a controlling issue of law
- as to which there is substantial ground for difference of opinion
- the court of appeals agrees to hear it

Question 26

Review of questions of law

Answer 26

court of appeals uses a de novo standard

Question 27

Questions of fact in a bench trial

Answer 27

court of appeals will affirm unless the findings are clearly erroneous

Question 28

Questions of fact in a jury trial

Answer 28

court of appeals will affirm unless reasonable people could not have made that finding

Question 29

Claim preclusion

Answer 29

1. same claimant suing the same defendant
2. valid, final judgment on the merits
3. case 1 and case 2 must be the same claim

Question 30

Issue preclusion

Answer 30

1. case 1 ended in valid, final judgment on the merits
2. same issue actually litigated and determined in case 1
3. issue was essential to judgment in case 1