Civil Procedure

Question 1

Interpleader

Answer 1

Diversity between the two CLAIMANTS, amount in controversy exceeds $500, serve process anywhere in U.S.

Question 2

Issue Preclusion

Answer 2

1. Final judgment on the merits
2. Same issue
3. Issue was essential to judgment
4. Asserted against actual party to previous case

Question 3

Claim Preclusion

Answer 3

1. Same parties
2. Same claim
3. Final judgment on the merits in original claim (judgment is on the merits unless based on jurisdiction, venue, indispensable parties)

Question 4

Insufficient Process v. Insufficient Service of Process

Answer 4

-Insufficient process refers to the documents and their contents.
-Insufficient service refers to the way the documents were served.

Question 5

When is intervention as a matter of right permitted?

Answer 5

when the intervenor is
1. interested in the subject of the action
2. may be impeded if litigation goes forward without it
3. not adequately represented by existing parties

Question 6

Timeline for removal and remand

Answer 6

Must remove within 30 days of being served and remand must be filed within 30 days of removal

Question 7

When is interlocutory review available?

Answer 7

When
1. the trial court certifies in writing 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
2. the court of appeals agrees to allow the appeal

Question 8

When is joinder of a non-party proper?

Answer 8

A D can bring a non-party into the action if the third party is or may be liable to the D for all or part of the claim against it. Must have some sort of derivative liability.

Question 9

Factors for preliminary injunction

Answer 9

1. Irreparable harm to P
2. Balance harm to P with harm to D
3. Probability that P will SUCCEED ON THE MERITS
4. Public interest