Civil Procedure

Question 1

Personal JX

Answer 1

1. Domicile in jx
2. Served while in jx
3. Consent. Express or implied (filing suit in a jx is consent)

Question 2

Constitutional analysis of PJ

Answer 2

Minimum contacts

Doesn’t offend notions of fair play and substantial justice

Question 3

Minimum contacts req

Answer 3

Purposeful availment

Foreseeability

Question 4

Subject matter jx

Answer 4

Federal question - arises under federal law

Diversity jx - complete diversity across the v and amount in controversy over 75k

Question 5

Erie doctrine

Answer 5

In diversity and supplemental jx cases fed court must apply state substantive law. (SoL , choice of law rules, elements of claim. Etc)

Court will use Fed procedure law.

Question 6

Joiner of Parties

Answer 6

1. Complete relief can’t be given to existing parties without them
2. Disposition in parties absence may impair their ability to protect their own interest.
3. Absence would expose existing parties to double or inconsistent obligations

Question 7

Intervention

Of right

Answer 7

Applicant has an interest in the property or transaction and action without him may impair ability to protect his interest.

Question 8

Permissive Intervention

Answer 8

Applicant’s claim or defense and the main action have common question of fact; must have own jx.

Question 9

Required Disclosures

Answer 9

Must disclose even if not requested.

1. Initial Disclosures - I’d people and docs likely to have discoverable info, computation of damages, insurance coverage
2. List of Experts
3. Pretrial - detailed info about trial evidence at least 30 days prior.

Question 10

E discovery

Answer 10

No need to produce ESI IF the party can show not accessible due to high burden. Court could order cost sharing

Must protect ESI if litigation is anticipated.

Question 11

Summary Judgments

Answer 11

Moving party must show no genuine dispute of material fact.

Question 12

Selecting a jury

Voir Dire

Answer 12

3 preemtory challanges

Unlimited for cause

Question 13

Directed verdict vs JNOV

Answer 13

Motion for judgment as a matter of law (directed verdict) is made after other side has presented all their evidence.

Judgment notwithstanding verdict (jnov) is a renewed motion for judgment as a matter of law. Must have requested this first. The claim is based on fact that jury verdict is not reasonable. Made within 28 days of jury verdict.

Question 14

Res Judicata

Claim preclusion

Answer 14

1. Same parties
2. Ended in valid final judgment
3. Assert the same cause of action

Question 15

Colatteral Estoppel

Issue preclusion

Answer 15

1 against a party in case 1

2. Valid final judgment on merits in case 1
3. Issue actually litigated
4. Issue essential to judgment