Civil Procedure

Question 1

Joinder

Answer 1

a party may join another party if the claims arise from the same t/o and there is at least one question of common law or fact. Still must be subject matter jurisdiction
necessary part if: cant get complete relief w out person
harm to absent party’s interest
absence exposes risk of inconsistent obligations

Question 2

Pleading

Answer 2

the purpose of a pleading is to communicate with the opposing party. all papers must be signed certifying that paper is proper, the legal contentions are supported by fact and the factual contentions are supported by evidence. Any failure can lead to sanctions. Fed Safe harbor 21 days to amend. no cal safe harbor

Question 3

Motion for Summary Judgment

Answer 3

will be ordered when the moving party can show that there is no genuine issue of material fact and that he is entitled to a judgment as a matter of law
Evidence will be viewed in light favorable to non-moving party
evidence must be comprised of first-hand knowledge and credibility is not weighted here
can grant partial summary judgment

Question 4

7th amendment Right to Jury

Answer 4

In Federal court, the 7th amendment preserves the right to a jury trial , but judges decides issues of equity.
If mixed, legal first, then equity. Must demand in writing a jury trial no later than 14 days after last pleading/ Ca Const gives jury right, but equity first, then legal damages

Question 5

JMOL (CA- motion for directed verdict)

Answer 5

occurs when one party files a motion after the other side has been heard at trial contending that a reasonable jury could not find for the opposition.

Question 6

personal jurisdiction

Answer 6

a court must have proper jurisdiction over the parties to an action. PJ will be proper when there is sufficiently close relationship between the forum state and the defendant. This can be shown by traditional bases or the exercise of personal jurisdiction on a constitutional basis

Question 7

minimum contacts

Answer 7

the minimum contact standard allows a court to exercise jurisdiction over a defendant when there are minimum contacts such that it does not offend the traditional notions of fair play and substantial justice

Question 8

p f r s c o

Answer 8

personal availment
forseeability
relatedness
systematic and continuous
convenience
states interest
other

Question 9

SMJ

Answer 9

means the court must have proper jurisdiction over the subject matter of the action. Federal courts are ones of limited jurisdiction and will require either a federal question or complete diversity between the parties and the amount in controversy is over 75k

Question 10

removal

Answer 10

a defendant may move to have a case removed if it could have been properly brought in federal court

Question 11

collateral estoppel

FAIM! IFF Not, Party!

Answer 11

traditional rule
final judgment on merits
actually litigated
issue essential to judgment
mutuality (same parties)
MODERNLY
identical issues
final judgment on merits
fair opportunity to be heard
not unfair
party CE used against party or privy to prior suit

Question 12

res judicata

Answer 12

final judgment on merits
actually litigated
same party
same claim 
maj rule: same T/O
Ca: primary rights theory - allowed a Claim for each right invaded so property and injury

Question 13

venue

Answer 13

venue is proper in any court where the claim arose, in transitory actions (not local) venue is proper in any district where all the def’s reside OR a substantial part of the claim arose. corp’s reside in all districts where they are subject to pj

Question 14

transfer of venue

Answer 14

is allowed to another federal court where the case could have been filed, court will look at interests of justice:
public factors - what law applies, what comm should be burdened with jury service
private factors - convenience, location of witnesses and evidence