Civil Procedure

Question 1

Motion (Rule12b) – waived if not put first in answer or motion: You can remember the waivable defenses by remembering…

Answer 1

“3 Ps and a V.” A lack of personal jurisdiction, improper process (documents), improper service of process, and improper venue generally are waived if not asserted in the first response.

Question 2

Service
In the US:

Methods

Answer 2

SAID: State laws, Agent, individual service, dwelling = S: follow state law methods where fed court is located or where service is made A: deliver a copy to an agent appointed by defendant or law I: Individual service (by someone who is not a party ) D: persons dwelling or usual place of abode with someone of suitable age and discretion who resides there.

Question 3

PJ
Traditional bases

Answer 3

(CDP): consent, domicile, presence

Question 4

PJ Constitutional basis:

Answer 4

minimum contacts (The two factors to be addressed here are purposeful availment and foreseeability), relatedness, fairness (burden/convenience)

Question 5

If no relevant federal rule: the court will apply Erie analysis:

Answer 5

TOPICO
o which choice will best serve the twin goals of Erie, i.e., discouraging forum-shopping and avoiding unfairness;
o whether the choice of federal or state law determines the outcome;
o whether the state law expresses a strong state** interest;** and
o whether a federal policy should overcome state law.

Question 6

Federal Court must apply state law on these 5 specific issues:

Answer 6

CERSS - Conflict (or choice) of law rules;
* Elements of a claim or defense;
* Rules for tolling statutes of limitations; and
* Standard for granting a new trial because the jury’s damages award was excessive or inadequate.
* Statutes of limitation;

Question 7

Class Action reqs.

Answer 7

I CANT – commonality (same question law for fact), adequacy (of representation), numerosity, typically (typical for the class).

Question 8

Claim Preclusion

Answer 8

Same Sex Freaks Out – same parties, same claim, final judgment, on the merits.

Question 9

Issue Preclusion

Answer 9

Issue Preclusion - Some Asses Are Necessary – same issue, actually litigated, actually decided, necessary to the court’s judgment.

Question 10

Injunct(ions)

Answer 10

Injunct(ions) – Irreparable harm, outweighs the harm to D. if granted, not adverse to public interest, shows that likely succeed on the merits.