Civil Procedure Flashcards
Issue Preclusion (collateral estoppel)
(1) the same issue of law or fact arises in two suits
(2) the issue must have been actually litigated in the first suit
(3) the issue was essential to the judgment
(4) Party against who preclusion is asserted was a party in the first suit
Claim Preclusion (res judicata)
(1) First suit resulted in a final J on the merits
(2) Second suit is between the same parties (or their successors in interest)
(3) Second suit involves the same claim or cause of action as the first
Class Actions:
(1) Numerosity- joiner is impracticable
(2) Commonality- questions of law or fact that are common to the class
(3) Typicality- claims by the class reps are typical of the class
(4) Adequacy of representation
Statutory Interpleader
when resolving all competing claims of property in a single action in Fed Ct:
- need only $500 jx amount
- national service of process
- minimal diversity
Compulsory Joinder
Requires: a party whose participation in the lawsuit is necessary for just adjudication + there is both PJ and SMJ over the new party
If adding a new party would ruin diversity….
Court must decide whether the new party is indispensable –> If yes, it should dismiss the case for re-filing in the proper court
–> If no, it should continue
Compulsory counterclaims
arise out of the same transaction or occurrence of the claim to which they respond.
If not pleaded they are lost.
Which claims must be made at the earliest opportunity or they’re waived:
- Lack of PJx
- Improper Venue
- Insufficient Process
(bring in the pre-answer motion or the answer you bring)
Motion for Judgement on the Pleadings
Pleadings must agree entirely on the facts, only the law is in dispute
Preliminary Injunction
Notice to the opposing party and a hearing are required.
P must show that he is:
- likely to succeed on the merits
- likely to suffer irreparable harm if it isn’t granted
- balancing the equities favors granting and
- injunction is in the best interests of the public
Temporary Restraining Order
comes before the preliminary injunctions
Must show
- immediate and irreparable injury would occur absent the TRO and
- an effort was made to give notice to the opposing side
Erie in diversity
The federal court applies state substantive law and federal procedural law.
In determining a state substantive law, the US district court will be bound by the rulings of the state’s highest court- if none, the Fed ct must try to determine how the court would rule.
Venue is proper where
- any district where a D resides (if all Ds live in the same state)
- Where a substantial part of the events occurred or a substantial part of the property at issue is located
- Fallback = any district where the D is subject to PJ
Service always permitted by the Federal rules:
- personal service on the D
- leaving summons at D’s dwelling or usual place of abode w/ a person of suitable age and discretion who lives there
- delivering to an authorized agent
