Civil Procedure Flashcards
Class Action Requirements: I **Can’t **even more with this material, RIP my life.
I CAN’T:
- Common question (class shares at least one question of law or fact)
- Adeqiete representaton (representatives adequatley represent the class)
- Numerosity (claims so numerous that joinder is impractical)
- Typicality (class rep claims are typical of the class)
RIP:
-Injunction (when the class seeks and injunction or declaratory relief
-Prefominating commonality and supriority (common questions and the class action works better and easier)
Erie: Procedural
City Bike Rider:
- Civil procedure rules
- Burden of Proof
- Rebuttable presumption
Erie: Substantive
SPICES
- Statute of limitations & tolling
- Preclusion law
- Irrebuttable presumption
- Choice of law
- Elements of a claim/defense
- Statute of Frauds
Federal Courts Don’t play
Don’t Play
- Divorce (alimony, custody) or
- Probate
When removing your case, you can’t show up to court in some DUSTY air-force 1’s
- Defendants are the only ones who can remove (but not to federal court in state where they live, if removal is based on diversity)
- unanimous consent: all the D’s must join in or consent to removal
- Subject matter jurisdiction required in the federal court
- Thirty days you need to file it (from when it became removable)
- Year limitation: no removal after a year of complaint filed unless P plead in bad faith
Live, Tag, Die
Traditional basis for jurisdiction:
-Live: place of domicile
-Tag: Service of process in forum state
-Die: Totally give up your life & consent or waive
Watch out for the FEDS
Fair Play and Substantial Justice
-Forum Interest (state wants to protect its residents)
-Efficiency (where my witnesses at?)
-Defendant burdens (how far away)
-Social Policy (would personal jurisdiction advance their social policies)
Venue: ASP
-A: Any if all D’s reside in the same state
-S: Substantial portion of claim or property
-P: Pj (fallback only)
Preliminary Injunction/TRO: Gotta preserve the status quo or I’ll Punch U.
I‘ll: irreparable injury
Punch: Public interests favor it
U: You are likely to have success on the merits, but even so, you still post money to give the other side in case you are on some bullshit.
TRO is 14 days max & can be given without notice.
How long to answer complaint?
21 savage days
Rule 11 Sanctions: No New Shit
-NO: Improper evidence
-Evidence supports everything
-Warranted by existing law
Dismiss Indispensable party? Consider the four P’s
-Plaintiff interest in the forum
-Prejudicial risks to parties (inadequate judgement)
-Potential mitigation of risks (maybe join them in a state court? can we shape the relief in a such a way to protect absentee person?
-Public interest in complete resolution
Can you intervene? Remember the 3 I’s
Interest which would be Impaired and the current parties are Inadequate.
Discovery & DEEP
Okay for anything proportional or relevant but you cannot get too deep.
-Duplicative
-Easier way to get it
-Enough opportunity: you need to allow enough opportunity to get the info. yourself
-Privilege: no privileged, including work product (unless it contains unprivllidged and relevant info. that cannot be discovered without undue hardship)
Mandatory disclosures: You can’t get SLICk
-Supporting documents
-Likely witness
-Insurance (any agreement which would involve an insurance company
-C: Computation of damages
Get to the money first
If there are both legal and equitable claims, legal claims must be filed first.
Right to interlocutory appeal? ICE PIC
-Injunctions
-Controlling issue (says in writing there is substantial grounds for difference of opinion, and that immediate appeal may materially advance the ultimate termination of the case.
-Extraordinary writ - trial court does a major fuck up
-Partial final judgement - you can seek review of partial judgements which the court may enter (if they expressly determine there is no just reason for delay
-Important collateral issues - issues too important to wait (e.g., immunity, trade secrets)
-Class certification
