Civil Procedure Mnemonics Flashcards
Transferring venue
HERE
H - HARDSHIP on the parties
E - location of the EVIDENCE
R - RESIDENCY of the parties
E - location of the EVENT*
Public Interest Factors
- what law applies
- what community should be burdened with jury service
- desire to keep a local controversy in a local court
Private Interest Factors (mainly “HERE”)
Forum non-conveniens
HERE
Remember: the issue is whether the case should be tried HERE or in another forum
H - HARDSHIP on the parties
E - location of the EVIDENCE
R - RESIDENCY of the parties
E - location on the event
Court looks to private interest factors only!
Rule 11
POP Whores Marry KIN BC ARI IP
POP - pleadings, other papers
WM - written motions
KIN - attorney certifies to the best of her KNOWLEDGE, INFORMATION, and BELIEF
ARI - AFTER a REASONABLE INQUIRY
IP - ~ for an improper purpose
warranted by existing law or a non-frivolous argument to change the law
factual contentions and denials are supported with evidence or are likely to be after further investigation
Same transaction/occurrence
same trans**acti**o**n o**R** **OCCurrence
claim = logically related to the original
core facts = substantially overlap
Class actions
CANT(S)
C - COMMONALITY
A - ADEQUACY
N - NUMEROSITY
T - TYPICALITY
S* - SUPERIORITY / PREDOMINATE*
**common Q suits only
Collateral Order Doctrine
DIE
- If I see the collateral order doctrine on the bar, I will DIE DIE!!!*
- D (double jeopardy), I (immunity)*
D - conclusively DETERMINES the disputed question
I - the issue is INDEPENDENT of the merits and an IMPORTANT ISSUE
E - ESSENTIALLY unreviewable if the parties have to await a final judgment
Multiple claims/parties
ED** _N_ick _J_onas camp _R_ock _D_emi **JOE
- multiple claims/parties
- judge makes an EXPRESS DETERMINATION that there is no just reason for delay
- D JOE - JUDGE DIRECTS ENTRY OF Judgment
Grant of writ of mandamus
AO JA-ne CIR NAP
- AO JA - abuse of judicial authority
- CIR - CLEAR and INDISPUTABLE RIGHT to relief
- NA - NO ADEQUATE alternative relief
- P - writ is PROPER under the circumstances
Standards of Review
ABCs (beginning of alphabet)
P (end so different)
A - abuse of discretion (discretionary)
C - clear error (findings of fact) (CD**E**F - definite and firm conviction that a mistake has been made, in light of all the evidence in the record)
D - de novo (issues of law)
P - plain error (when you didn’t preserve it) (P**lain err**Or - PATENTLY OBVIOUS and Substantial that the appellate court must address it)
Jury verdict (against the weight of the evidence)
Clear error
CD**E**F!! Alphabet
Definite and Firm Conviction that a mistake has been made
Plain error
P**lain Err**or
Patently Obvious and substantial that the appellate court must address the issue
Erie State Balance of Interest Test
_I P_reviously _RAN_
IP - issue preclusion rules
R - remittitur
A - additur
N - notice of claim rules
TRO
issued without notice if SIP
significant
immediate/irreparable
prejudice
Preliminary injunction
LIE BINGEING
- send to an eating disorder immediately b/c LIES @ BINGEING)
-
When you lie about bingeing, a court will issue a preliminary injunction because;
- likelihood you have an ED and sender is right
- if you don’t go, irreparable harm
- in your own equity b/c hardship of rehab >> more impt than hardships of life
- bond - in case you can’t pay for Tx
- IN - Injunction would be in the public INTEREST
- GEI
- Notice has been given to the D*
- G
- L – LIKELIHOOD of success on the merits
- I – IRREPARABLE harm
- E – EQUITIES, when hardships balanced by the court, clearly tip in P’s favor
- B – BOND to cover damages if D wrongfully enjoined
- IN – INJUNCTION is IN public INTEREST
- GEI
- N – NOTICE has been given to D
- G
Joinder
if I get a joinder question, I will CRIIO in Italian
Complete Relief
impact
Inconsistent obligations
