Civil Procedure

Question 1

What are the 4 requirements for a class action settlement, compromise, or voluntary dismissal?

Answer 1

1. court provided reasonable notice to all class members
2. parties filed statements identifying agreements made in connection with proposal
3. hearing and opportunity for members to object
4. court finding that proposal is fair, reasonable, and adequate

Question 2

What type of cases can federal courts not exercise diversity jurisdiction over?

Answer 2

• probate matters
• domestic relations

Question 3

What is the 100 mile bulge provision?

Answer 3

The 100 mile bulge provision establishes PJ over a party:
1) added to the suit through impleader or required joinder; AND
2) served with process within 100 miles of the federal court where the suit is pending

Question 4

Where do citizens of foreign countries have PJ?

Answer 4

When a defendant is a nonresident of the US, venue is proper in any federal judicial district.

Question 5

When must a renewed JMOL be filed?

Answer 5

The motion can be renewed within 28 days after the entry of judgment to seek to overturn an adverse verdict.

Question 6

What is the rule for supplemental jurisdiction?

Answer 6

A court may exercise supplemental jurisdiction over a claim that does not independently satisfy subject-matter jurisdiction requirements when that claim shares a common nucleus of operative facts, arises out of the same transaction or occurrence, as the claim within the original SMJ.

Question 7

When a demand for jury trial timely?

Answer 7

A party must demand a jury trial within 14 days after service of the last pleading, and in writing.

Question 8

What are the 4 requirements for class action certification in federal court?

Answer 8

1. Numerosity
2. Commonality
3. typicality
4. adequacy

Question 9

When can a party obtain relief following the conclusion of a trial and final judgment?

Answer 9

1. Mistake, inadvertence, surprise, or excusable neglect
2. newly discovered evidence
3. opposing party’s fraud, misrepresentation, or misconduct

Question 10

What are the requirements of clam preclusion?

Answer 10

1. both claims arise from the same transaction, occurrence, or series thereof
2. they could have been raised in the first action

Question 11

Do defendants have to deny damage-related allegations?

Answer 11

No

Question 12

Does a plaintiff need to respond to a defendant’s answer?

Answer 12

No. A plaintiff need only respond to the defendant’s answer by filing a reply in the rare instance that the court orders the plaintiff to do so. Then, in the court-ordered reply, any allegations not mentioned by the P in D’s answer, are considered admitted.

Question 13

When can a court grant a motion for judgment as a matter of law?

Answer 13

A court may grant a motion for judgment as a matter of law when the evidence is legally insufficient for a reasonably jury to find in the nonmovant’s favor.

Question 14

What is the final judgment rule when a lawsuit involves multiple parties and claims?

Answer 14

When an action involves multiple claims or parties, a district may enter final judgment as to fewer than all claims or parties if it expressly determines that there is no reason for delay. However, if this express determination is not made, any court order that disposes of those claims or parties is not immediately appealable.

Question 15

What are the requirements for a preliminary injunction?

Answer 15

1. irreparable harm
2. success on the merits
3. balance of hardships
4. interests of the public

Question 16

When can a P assert a 3rd party claim against a 3rd party defendant?

Answer 16

1. if the claim arises out of the same transaction or occurrence as the P’s claim against the D
2. the 3rd party claim satisfies the original subject matter jurisdiction

Question 17

How can process be served?

Answer 17

1. the rules of the state where the court is located or where service is made
2. personal delivery of summons and complaint
3. leaving summons and complaint at the defendant’s dwelling with a resident of suitable age and discretion

Question 18

When must an appeal for class certification be filed?

Answer 18

14 days after the district court order is entered

Question 19

What should a court do when hearing a federal diversity jurisdiciton case, and an issue is unclearly substantive or procedural law?

Answer 19

When it is unclear whether an issue before the court is substantive or procedural, the court must determine if there is a conflict between the state and federal law with respect to the issue.

Question 20

What is the rule for venue?

Answer 20

Venue concerns which court, among those that have PJ and SMJ, is the court the proper forum.

Question 21

Where is venue proper for federal civil cases?

Answer 21

1. any district where a D resides, if all Ds are from the same state
2. location of events/property
3. if neither - where any defendant is subject to PJ

Question 22

What are the requirements for claim preclusion?

Answer 22

1. P and D are identical in both current and prior suits
2. lawsuit 1 ended in final judgment on the merits
3. claimant is asserting the same claim (factual transactional analysis)