Civil Procedure

Question 1

What 2 types of jurisdictions do federal courts need to hear a case?

Answer 1

subject matter jurisdiction and personal jurisdiction

Question 2

What are the two required sub-categories of subject matter jurisdiction?

Answer 2

Diversity jurisdiction and federal question jurisdiction

Question 3

What are the two requirements of diversity jurisdiction

Answer 3

1) complete diversity between parties AT THE TIME THE SUIT IS FILED (plaintiff doesn’t share state with defendant)
2) Amount in controversy must be over $75k

Question 4

What is the requirement for federal question jurisdiction?

Answer 4

A well-pleaded complaint (complaint must assert a federal question at the beginning of the case)

Question 5

What are the 4 requirements for a class action lawsuit?

Answer 5

1) The class must be so numerous that joinder of all members is impracticable (numerosity)
2) There must be questions of law or fact that are common to the class (commonality)
3) The claims or defenses of the representatives must be typical of the class (typicality)
4) The representatives must fairly and adequately protect the interests of the class (adequacy)

Question 6

What are the elements of claim preclusion (res judicata)?

Answer 6

1) parties are the same as the parties in the past action
2) the court had jurisdiciton to render its verdict
3) the past verdict was final and binding
4) the past claim and current claim arise out of the same transaction or occurrence

Question 7

What are the elements of issue preclusion (collateral estoppel)?

Answer 7

1) Past court issued a valid and final judgment
2) the past and current issue are the same
3) the issue was necessary to the prior case and the court entered a verdict on it
4) the party had ample opportunity to raise the issue in the past case

Question 8

When is complete diversity not required?

Answer 8

In certain class action suits where there’s more than 100 plaintiffs and the amount in controversy is over $5 million

Question 9

What is removal?

Answer 9

When a case is moved from state court into federal court (moving from federal court to another federal court is called transfer)

Question 10

When is removal proper?

Answer 10

When the case could’ve been brought in federal court in the first place, i.e., there’s diversity or federal question jurisdiction for the federal court.

Question 11

What is aggregation?

Answer 11

When a plaintiff combines multiple cases they have into one case

Question 12

When is aggregation appropriate for diversity jurisdiction?

Answer 12

A plaintiff can aggregate claims to meet the $75k threshold if they’re all against the same defendant, even if the claims are unrelated.

Multiple plaintiffs cannot aggregate their claims against a single defendant unless it’s a class action.

Question 13

Who can remove a case to federal court?

Answer 13

Only defendants

Question 14

What can a plaintiff do if they don’t like the case being removed to federal court?

Answer 14

They can file for a remand, in which case, the federal court would then decide if they have personal and subject matter jurisdiction to hear the case.

Removal is automatic upon the defendant’s filing for it. It’s up to the plaintiff to argue a remand if they want the case back in state court.

Question 15

What is supplemental jurisdiction?

Answer 15

When a federal court agrees to hear state law cases relate to some federal law cases, so long as those state law cases arise from the nucleus of operative facts as the federal cases.

The state cases are basically tethered onto the federal law cases, and all are raised up to the federal court.

Question 16

What are the types of personal jurisdiction?

Answer 16

in personam (over a person), in rem (over a property), quasi in rem (over a property but used to have jurisdiction over a person)

Question 17

When is in personam jurisdiction met?

Answer 17

When there are sufficient minimum contacts between the non-resident defendant and the forum state

Question 18

Normally, when is venue proper?

Answer 18

1) When the judicial district is where one or all of the defendant(s) reside, so long as the defendants all reside in the same state; or
2) when the judicial district is where a “substantial part of the events or omissions” on which the claim is based occurred, or where a “substantial part of the property” is located

Question 19

What is the Erie Doctrine?

Answer 19

In a diversity case, if there’s no federal law on the issue, the federal court should use substantive state law

Question 20

How does supplemental jurisdiction relate to diversity jurisdiction?

Answer 20

Diversity jurisdiction cannot be violated by supplemental jurisdiction. There still must be complete diversity between the parties.

Question 21

What’s the difference between a compulsory and a permissive counterclaim?

Answer 21

A compulsory counterclaim is one that arises out of the same transaction or occurrence as the opposing party’s claim.

A permissive counterclaim doesn’t arise out of the same transaction or occurrence

Question 22

What is a counterclaim?

Answer 22

When a defendant sues the plaintiff in retaliation for the plaintiff’s complaint

Question 23

What’s a cross-claim?

Answer 23

When parties on the same side of a case sue one another (defendant sues co-defendant, plaintiff sues co-plaintiff)

Question 24

What’s the difference between a compulsory counterclaim by a defendant and one by a plaintiff?

Answer 24

A defendant’s compulsory counterclaim doesn’t need to meet the amount in controversy requirement of diversity, and can therefore be tacked onto the original complaint via supplemental jurisdiction.

A plaintiff’s compulsory counterclaim must still meet the diversity requirements

Question 25

Can a cross claim qualify for supplemental jurisdiction?

Answer 25

Yes, if it arose out of the same transaction of occurrence as the original complaint.

Question 26

How does supplemental jurisdiction relate to federal question jurisdiction?

Answer 26

Cases can be supplemented across the board, so long as the additional claims are related to the original federal question case

Question 27

What are the two central questions when considering whether a court has personal jurisdiction over someone?

Answer 27

1) Has the basis for exercising PJ over an out-of-state defendant been authorized by statute or rule? (is there a long-arm statute giving the court a basis for PJ)

2) Is the particular basis for exercising PJ here permitted by the Constitution’s Due Process Clause?

Question 28

Can jurisdiction be waived by a party?

Answer 28

Subject matter jurisdiction cannot be waived. Personal jurisdiction can.

Question 29

If a defendant doesn’t believe the court has personal jurisdiction over them, how should they respond?

Answer 29

Lack of personal jurisdiction must be raised at the first opportunity, otherwise it’s implicitly waived.

Question 30

What is the difference between general and specific in personam jurisdiction?

Answer 30

general in personam jurisdiction is when the defendant has continuous and systematic contacts with the forum state that are so substantial that the defendant is essentially “at home” (i.e., where a defendant is domiciled)

Specific in personam is when the plaintiff’s claim arises from the defendant’s minimum contacts with the forum state and the exercise of jurisdiction would comply with notions of fair play and substantial justice.

Question 31

What are the bases for a court to have general in personam jurisdiction over a defendant?

Answer 31

1) Consent: defendant consents to case being heard in that state

2) Physical Presence: defendant was served while physically present in forum state (can’t be gotten with fraud/force)

3) Domicile: defendant is domiciled in forum state

4) Corporations: for corporations, if the corporation does their principal business in the state and is headquartered there

Question 32

What is a long arm statute?

Answer 32

A statute that gives a state court in personam jurisdiction over out-of-state defendants but ONLY for the
particular transactions involving that state.

Question 33

Do federal courts typically use state or federal long arm statutes?

Answer 33

State. They use the long arm statute of the state in which they sit, unless one of the exceptions applies.

Question 34

What are the exceptions to the use of state long arm statutes practice?

Answer 34

1) Federal Interpleader Act
2) Unusual Provision
3) Bulge Provision

Question 35

What is the Federal Interpleader Act?

Answer 35

Federal law that authorized nationwide service of process to establish PJ

Question 36

What is the bulge provision?

Answer 36

provision in the federal rules that allows for service of process within 100 miles of the courthouse, even if it’s out of state, to establish PJ.

Only happens in two situations: for impleading third party defendants under Rule 14 and for joining necessary third parties under Rule 19

Question 37

What is the unusual provision in relation to specific in personam personal jurisdiction?

Answer 37

Rule 4(k)(2). If the plaintiff is suing under federal law, and no state has PJ over the defendant, then the federal courts will have PJ so long as the defendant has sufficient connections to the US as a whole.

Question 38

What is quasi in rem jurisdiction?

Answer 38

A hybrid where the court, lacking in personam over a defendant, instead goes after the defendant’s assets that they do have PJ to.

Must follow the same minimum contacts Due Process rule as in personam jurisdiction.

Question 39

What are the ways you can validly do service of process on someone?

Answer 39

Physical delivery: serving the defendant in person

Dwelling: Leaving the service at the defendant’s dwelling, with a person of suitable age

State Rules: following the rules of the state where the court sits (i.e., the forum state) or where service is made

Agent: Delivering the summons to an authorized agent of the defendant

Foreign Countries: For foreigner defendants, serve by 1) using mail with a signed receipt or 2) serving in-line with the foreign country’s own service of process rules

Question 40

How do you service of process on a corporation?

Answer 40

By serving an officer, executive, or some other agent of the corporation that’s authorized to be served on the behalf of the corporation

Question 41

Is notice by publication ever allowed for service of process?

Answer 41

Yes, if you’ve already made diligent efforts to locate the defendant but cannot. Then you can serve them via publishing.

Question 42

Can a defendant waive the service requirement owed to them?

Answer 42

Yes. Doing so extends the deadline for filing an answer from 21 days to 60 days

Question 43

What is the timeline for a defendant answering the initial complaint?

Answer 43

The defendant must answer the complaint within 21 days, 60 if they’re outside US. Failure to answer will result in default judgment in plaintiff’s favor.

Question 44

What is an injunction?

Answer 44

A form of relief in a court case that either requires the defendant to do something (mandatory injunction) or prohibits them from doing something (permissive injunction)

Question 45

What is a TRO?

Answer 45

a temporary restraining order that cannot last longer than 14 days, unless good cause is shown to extend it.

Can only be granted after a notice and hearing is had.

Question 46

What must be included in an answer?

Answer 46

Admissions or denials for each allegation, motions that haven’t been waived yet, affirmative defenses, and compulsory counterclaims

Question 47

What is a deposition?

Answer 47

A discovery method where a party conducts a written or oral examination of a party or nonparty under oath and outside of court.

Question 48

What is an interrogatory?

Answer 48

A discovery method where a party submits up to 25 written questions to another party, and that other party has 30 days to give written responses

Question 49

What is a motion for judgment as a matter of law?

Answer 49

a request that the court enter a judgment in favor of the movant because the evidence is legally insufficient for a reasonable jury to find in the nonmovant’s favor.

Question 50

What should a court consider when deciding whether to grant a judgment as a matter of law?

Answer 50

the court must (1) view the evidence and draw all reasonable inferences in favor of the nonmovant, (2) disregard any evidence favorable to the movant that the jury need not believe, and (3) not consider the credibility of witnesses or the weight of evidence.

Question 51

What standard must an appellate court use when evaluating a lower court’s discretionary ruling (ex. whether to admit evidence)?

Answer 51

Abuse of discretion standard, which will reverse the lower court’s ruling if it’s clearly arbitrary and unreasonable.

Question 52

What is the standard used when an appellate court is evaluating a lower court’s final verdict?

Answer 52

Clearly erroneous standard. A judge or jury’s final verdict won’t be overturned unless it was clearly erroneous

Question 53

Who can use collateral estoppel (issue preclusion)?

Answer 53

Both defendants and plaintiffs. Plaintiffs in later suits can use it offensively to establish an issue against parties from the first action.

Defendants in later suits can use it defensively to stop future plaintiffs from bringing up that same issue over and over again.

Question 54

What must the complaint contain?

Answer 54

1) a short, plain statement establishing the court’s subject matter jurisdiction
2) A short and plain statement of the claim establishing entitlement to relief; and
3) A demand for judgment for the relief sought by the pleader.

Question 55

What is permissive joinder under Rule 20?

Answer 55

A joining of multiple plaintiffs together. Plaintiffs can join together if 1) they assert claims arising out of the same transaction or occurrence and 2) there is a common question of fact or law

Question 56

When can permissive and compulsory counterclaims be made?

Answer 56

Permissive counterclaims can be raised any time.

Compulsory counterclaims must be raised pre-answer

Question 56

What are the grounds for granting a motion for new trial?

Answer 56

1) legal errors
2) newly discovered evidence that existed at the time of trial
3) Prejudicial misconduct of judge, party, lawyer, or juror
4) verdict is against the great weight of the evidence
5) verdict is based on false evidence
6) verdict is excessive or inadequate

Question 56

How long does a defendant have to respond to the initial complaint?

Answer 56

They have 21 days to file either an answer or a pre-answer motion

Question 56

What defenses are waived unless they’re brought up in the answer or pre-answer motion?

Answer 56

Improper venue, lack of PJ, insufficient process, and insufficient service of process.

These defenses must all be raised in the answer, pre-answer motion, or amended answer if it’s amended within 21 days of the original answer

Question 57

What is the forum-defendant rule?

Answer 57

A rule that prohibits removal of a case when:
(1) the federal court’s subject-matter jurisdiction arises solely from diversity jurisdiction and
(2) a defendant is a citizen of the state where the case was filed.

This does not apply when removal is based on federal question jurisdiction.

Question 58

Can a pleading be amended?

Answer 58

Yes, a party has a right to amend within 21 days of the serving the original complaint or 21 days of the defendant’s response.

After that first one, amending the complaint can be done via court order or consent from the other side.

Question 59

When can a party make an appeal after the final judgment is rendered?

Answer 59

They must file their appeal within 30 days of the final judgment

Question 60

When can a court issue a summary judgment?

Answer 60

1) when there’s no dispute as to any material facts; and
2) the movant is entitled to judgment as a matter of law

Question 61

When must a motion to remove a case be filed?

Answer 61

within 30 days of receiving the complaint.

If there’s multiple defendants, they must all consent to the removal

Question 62

What kind of law is considered substantive in regard to Erie Doctrine?

Answer 62

1) law addressing statute of limitations
2) law that creates evidentiary privileges
3) law that alters how damages are calculated

Question 63

What is a preliminary injunction?

Answer 63

a temporary court order that commands or prohibits certain actions while the case is pending before the court

Question 64

When will a preliminary injunction be granted?

Answer 64

If the seeking party can show:
1) they’re likely to succeed on the merits of the lawsuit
2) irreparable harm will occur if the injunction isn’t granted
3) balancing the equities is in the seeking party’s favor
4) the injunction is in the public’s best interest

Question 65

Can new claims be added into a lawsuit even though the statute of limitations has already run?

Answer 65

Yes. A new claim can be added if the original complaint was timely filed, and the new claim is from the same transaction or occurrence as the claims in the original complaint.

Question 66

Can new parties be added into a lawsuit even though the complaint is already filed, and the statute of limitations has run?

Answer 66

Yes in limited circumstances. A new defendant can be added if:
1) the claim against the new defendant arises from the same transaction or occurrence as the preexisting claims
2) the new defendant must’ve known about the original complaint within 90 days of when it was filed
3) the new defendant must’ve known, but for a mistake, he would’ve been part of the original complaint

Question 67

What is a Rule 19 compulsory joinder?

Answer 67

When a third party must be joined because they are necessary

Question 68

When is impleader appropriate?

Answer 68

Defendant can bring in 3rd party as long as they can show that the reason for bringing them in is related to the original claim

Question 69

What is intervention?

Answer 69

When a nonparty butts into the lawsuit as a party

Question 69

When is intervention appropriate?

Answer 69

As a right, a nonparty can intervene into the lawsuit if:
1) nonparty has interest in property or transaction that is subject matter or action
2) Disposition of action may impair nonparty’s interest
3) Nonparty’s interest not adequately represented by existing parties

Permissive intervention also exists if federal statute allows nonparty to intervene into the suit

Question 69

What counts as sufficient minimum contacts to establish personal jurisdiction?

Answer 69

If there is purposeful availment, meaning that the defendant’s contacts with forum state must be purposeful and
substantial, such that D should reasonably anticipate (foresee) being taken to court
there

Question 70

When determining whether to impose sanctions, what factors should a court consider?

Answer 70

In determining sanctions, the court should consider the prejudice to another party and the intent of the party that failed to preserve the evidence.

Question 71

What is the special venue rule regarding foreign citizens?

Answer 71

When someone isn’t a US citizen, venue is proper in any federal district.

Question 72

When a claim arises under federal question jurisdiction, which substantive and procedural law does the court apply?

Answer 72

Federal procedural and federal substantive law

Question 73

When a claim arises under diversity jurisdiction, which substantive and procedural law does the court apply?

Answer 73

federal procedural law and state substantive law

Question 74

What is the timeline on making a demand for a jury trial?

Answer 74

Any party can make the demand if they:
1) serve the demand on the opposing party within 14 days after the last pleading directed to that issue is served; and
2) the demand is filed with the court within a reasonable amount of time after service on the opposing party

Question 75

How can a party challenge jury instructions?

Answer 75

The party must preserve the issue for appeal by timely objecting to the instructions on the record.

An objection is timely if it’s made promptly after learning about the instructions and it’s done before the instructions are given to the jury.

Question 76

When can a party move for relief from a final judgment?

Answer 76

The motion must be made within 1 year of the judgment if the basis for the motion is either:
1) newly discovered evidence that couldn’t be discovered even with due diligence,
2) the nonmovant engaged in fraud, misconduct, or misrepresentation; or
3) The judgment was due to mistake, inadvertence, surprise, or excusable neglect by the nonmovant or the court

Otherwise, for all other reasons, the motion must be made within a reasonable amount of time from the judgment

Question 76

When can a court order a party undergo a mental or physical examination?

Answer 76

1) mental and/or physical condition is in controversy; and
2) the motion for the order was made in good cause; and
3) the order provides notice by specifying the time, place, manner, conditions, and scope of the exam, as well as the person who will perform it.

Question 77

When can a party make a motion for summary judgment?

Answer 77

30 days after the close of all discovery

Question 78

When does a party need to disclose the expert witnesses they’re calling?

Answer 78

90 days before trial

Question 79

When must a plaintiff serve process on a defendant?

Answer 79

Within 90 days after the complaint is filed

Question 80

What are the two kinds of case dismissal?

Answer 80

Involuntary dismissal (defendant moves to dismiss the suit) or voluntary dismissal (plaintiff moves to dismiss the suit)

Question 81

What’s the difference between how a voluntary and involuntary dismissal affect the case?

Answer 81

If an involuntary dismissal is granted, it’s considered an adjudication on the merits, and thereby dismisses the case with prejudice (plaintiff can’t re-sue)

In a voluntary dismissal, the case isn’t presumed to be dismissed with prejudice.

Question 82

When does a plaintiff need to file a reply to a defendant’s answer?

Answer 82

Only when the court expressly orders them to. A plaintiff doesn’t inherently need to make a reply.

Question 83

What are the exceptions to the final judgment rule, allowing immediate appeal as a right?

Answer 83

Certain equitable orders:
1) Injunction (grant or denial)
2) Certification by district court
3) Class action certification
4) admiralty cases
5) appointment of receiver
6) collateral-order doctrine
7) bankruptcy cases
8) petition for writ of mandamus
9) patent-infringement order

Question 84

What’s the timeline for when a party can make a motion for a new trial?

Answer 84

Must be made within 28 days of the judgment being entered

Question 85

When can someone make a renewed motion for judgment as a matter of law?

Answer 85

within 28 days of the judgment being entered

Question 86

What can a court do if it grants a new trial because the previous trial’s verdict was seriously excessive?

Answer 86

It can offer a remittitur, which is when the court offers the moving party the option to either get a new trial, or take a reduced damages award

Question 87

If a court grants a motion for new trial because the original damages award was too inadequate, what can’t the court do?

Answer 87

The court may not give the opposing party (non-moving party) the option to avoid a new trial by agreeing to an increase in the damages amount. This is called additur

Question 88

Who can enter a default judgment?

Answer 88

A judge or a clerk.

A clerk must enter a default judgment if the plaintiff’s claim is a sum certain (specified amount) laid out in an affidavit, and the defendant never showed up

Question 89

When does someone have a right to a jury trial in a civil case?

Answer 89

1) If the amount is controversy is at least $20
2) the claim central to the case is a legal claim, i.e., a claim seeking monetary remedy to compensate for loss (eg, tort/contract damages)

Question 90

What is the two-dismissal rule for voluntary dismissals?

Answer 90

If a plaintiff files a complaint in state court then voluntarily dismisses it (withdraws it on their own), that typically doesn’t dismiss the case with prejudice.

But if they then go to federal court and file the same claim, and also voluntarily dismiss that claim, now the case is barred.

Filing and withdrawing the same claim in both state and federal court prejudices the claim.

Question 91

what’s the timeline on filing a motion for sanctions?

Answer 91

Any party can file a motion for sanctions, or the court can initiate them on their own (sua sponte)

When sanction proceedings are initiated by a party’s motion, the safe-harbor rule requires the party serving the motion to refrain from filing it for 21 days after serving it to allow any violation to be corrected

Question 92

when an officer/employee is sued in their official capacity or under color of their legal authority, how do you determine which venue is proper?

Answer 92

1) where any defendant resides
2) where a substantial portion of the events giving rise to the suit occurred or a substantial part of the property at issue is located (property-based venue); or
3) where the plaintiff resides, if no real property is involved.

Question 93

If a party requests that the jury be polled, and the jury’s polled answers don’t match with the verdict, what must the judge do?

Answer 93

the judge must:
1) order a new trial
2) direct the jury to further consider its answers and verdict or
3) disregard the jury’s verdict and enter a judgment consistent with the answers provided

Question 94

If a jury is polled and their polled answers and their verdict match, what must the court do?

Answer 94

If the jury’s answers and verdict are consistent, then the judge must enter a judgment consistent with those determinations.

Question 95

What is an interpleader?

Answer 95

When multiple claimants assert claims in a property, the possessor of the property can force the claimants into a single lawsuit to determine who has a right to the property.

Question 96

As part of discovery, what information must a party disclose to the other party, regardless of whether there’s a discovery request?

Answer 96

Certain pre-trial disclosures, including:
1) The name, address, and phone number of each witness, identifying witnesses expected to testify at trial and those who may be called if need be

2) The designation of witnesses whose testimony will be presented by deposition, including a transcript of the pertinent parts of any deposition

3) All documents and exhibits, separately identifying items expected to be offered as evidence and those that may be offered if the need arises

Question 97

Timewise, when must a party make mandatory pretrial disclosures as part of discovery?

Answer 97

within 30 days of trial

Question 98

If a plaintiff properly amends their complaint, how long does the defendant have to answer the amended pleading?

Answer 98

Either within (1) the time that remains to respond to the original pleading or (2) 14 days after service of the amended pleading, whichever is later.

Question 99

If you’re civilly suing the US government, to whom can you validly serve process?

Answer 99

The US Attorney General and the US attorney for the district in which the action is being filed

Question 100

if a party wants to file a motion to compel the other party to disclosure info as part of discovery, what must they do?

Answer 100

The motion must be filed in the jurisdiction where the case is pending, and the motion must be accompanied by a certification of good-faith conferral, meaning that the moving party tried to confer with the other party, but the other party was being difficult

Question 101

What are the 3 kinds of disclosures that are mandatory?

Answer 101

1) initial disclosures
2) Disclosure of expert testimony 90 days before trial
3) pretrial disclosures 30 days before trial

Question 102

For claim preclusion purposes, does a dismissal of a case with prejudice constitute a final judgment on the merits?

Answer 102

Yes, and claim preclusion would therefore apply

Question 103

what information must a party disclose during the initial disclosure?

Answer 103

1) relevant insurance policies
2) computation of damages and supporting materials
3) items in party’s possession that support their claim/defense
4) names and addresses of persons with relevant information

Question 104

What is a petition for a writ of mandamus?

Answer 104

a request that an appellate court direct the district court to do something or refrain from doing something.

These are only justified when extraordinary circumstances exist and no other adequate remedy is available

Question 105

What is a third-party complaint?

Answer 105

When a defendant sues a third party on the basis that the third party is partially or totally responsible for the injuries the plaintiff is currently suing them for

Question 106

when can a third party complaint be made?

Answer 106

A defendant may make a third-party claim against a nonparty for all or part of the defending party’s liability for the original claim made by the plaintiff against the defendant

Question 107

If a suit is dismissed due to the failure to timely serve process, is that dismissal with prejudice or without?

Answer 107

Without prejudice

Question 108

what is the plain error rule, and how does it affect jury instructions?

Answer 108

Normally, if a party wants to challenge an error in the jury instructions for appeal, they need to object at trial.

This doesn’t apply if the instructions were plain error. A plain error is an error that’s obvious and affects a party’s substantive right.

If a jury instruction is a plain error, the party need not object at trial to preserve the issue for appeal. They can just argue it on appeal.

Question 109

Can a defendant amend their answer, and if so, how does that affect their available defenses/arguments?

Answer 109

Yes, they can amend the answer. If they amend the answer within 21 of the original answer’s filing, they’re still allowed to make the three arguments that’re only available in the answer or pre-answer motion:

Improper venue, lack of PJ, insufficient process, and insufficient service of process.

Question 110

What is the relation back doctrine?

Answer 110

Generally, a complaint that’s been amended after the statute of limitations has passed won’t be admissible. This is an exception to that rule.

An amendment that changes or adds a party “relates back” and is treated like the first complaint if:
1) the new party received notice of the suit within 90 days of the original complaint’s filing date; and
2) the amendment relates to the same transaction/occurrence as the original complaint; and
3) the new party knew or should’ve known that he should’ve been in the original complaint but for a mistake

Question 111

If a court does sanction someone (either the lawyer or the client), what should the sanctions entail as a punishment?

Answer 111

sanctions are limited to what will deter the misconduct in the future. Sanctions may include nonmonetary directives or an order to pay a penalty.

Question 112

can an answer contain alternative and/or inconsistent defenses?

Answer 112

Yes, as to both. Both can be included in an answer