Civil Procedure - Short cards

Question 1

Civ Pro: main topics

Answer 1

(1) jurisdiction, (2) venue

Question 2

Jurisdiction: main topics

Answer 2

(1) SMJ, (2) PJ

Question 3

SMJ

Answer 3

(1) federal question, (2) diversity, (3) supplemental

Question 4

Federal question

Answer 4

Fed question on face of complaint

Question 5

Diversity

Answer 5

(1) 75,000, (2) no P state same as D state

Question 6

Supplemental

Answer 6

(1) supplemental to FQ or D Jx claim (2) same case/controversy/operative facts

Question 7

PJ

Answer 7

(a) traditional (lives in state, served while in state, consents), OR (b) long-arm statute (“minimum contacts doesn’t offend traditional notions fair play and substantial justice”

Question 8

Venue

Answer 8

(a) (i) district where D resides if (ii) all D’s reside in same state,

(b) district where substantial part of events occurred, or

(c) if no other venue appropriate, where D is subject to personal jurisdiction

Question 9

Removal

Answer 9

(1) DEFENDANT, (2) state to fed, (3) fed has diversity/fed question

Question 10

Transfer

Answer 10

(a) (1) convenience parties/witnesses, and (2) interests of justice,

(b) enforce valid forum-selection clause

Question 11

Choice of law

Answer 11

(1) state substantive, (2) fed procedural

Substantive = defines parties rights and obligations (ie the black letter law itself)

–If “substantive” unclear: “Erie Doctrine”: (1) discourage forum shopping, and (2) avoid unfairness, (3) whether state law determines outcome of case, (4) whether state law expresses strong state interest, (5) whether federal policy expresses strong federal policy that should overcome state policy

Question 12

Joinder

Answer 12

Permissive: (a) same underlying events, or (b) same question of law/fact

Mandatory: (1) can’t provide complete relief, (2) their interest compromised without participation (3) doesn’t end jurisdiction,

Question 13

Preliminary injunction

Answer 13

(1) likely succeed on merits, (2) irreparable harm, (3) harm avoided outweighs harm injunction causes, (4) injunction public interest, (5) NOTICE

Question 14

Temporary Restraining Order

Answer 14

(1) likely succeed on merits, (2) irreparable harm, (3) harm avoided outweighs harm injunction causes, (4) injunction public interest,

Question 15

Discovery

Answer 15

(1) nonprivileged (2) relevant (3) proportional

Question 16

Rule 12: motions on Pleadings

Answer 16

(a) definite statement (vague)

(b) strike (attacks character, irrelevant)

(c) judgement on pleadings (after answer)

Question 17

Rule 12(b): dismiss

Answer 17

• SMJ
• PJ
• Venue
• Process
• Service of process
• Failure to state claim on which relief can be granted
• failure to join required party

SMJ/fail state claim/joinder can be raised anytime

Question 18

Summary judgment

Answer 18

(1) no genuine issue of material fact, (2) entitled to judgment as matter of law

• after discovery

Question 19

JMOL (judgment as matter of law)

Answer 19

halftime: (1) no reasonable jury could find for P

after judgment: (1) no reasonable jury could find for P, (2) party made halftime, (3) within 28 days

• court neutral view evidence/credibility

Question 20

Motion for new trial

Answer 20

(a) prejudicial error
(b) trial unfair
(c) verdict against “manifest weight” of evidence

• court subjective view evidence/credibility

Question 21

Motion relief from judgment

Answer 21

(a) fraud
(b) opponent misconduct
(c) new evidence

Question 22

Appeals

Answer 22

Final judgment (ends case)

Question 23

Claim preclusion

Answer 23

(1) same cause of action
(2) prior case ended in final judgment on merits
(3) prior parties identical or in privity to current parties

Question 24

Issue preclusion

Answer 24

(1) issue identical to prior case
(2) prior case ended in final judgment
(3) issue litigated and decided in prior case
(4) current opposing party had full and fair opportunity to litigate the issue in prior case

Question 25

Service

Answer 25

By who: (1) at least 18, (2) not party

To: (a) state rules, (b) (i) usual place of abode, (ii) suitable age, (iii) resides there, (c) agent

Question 26

Amendments

Answer 26

once without permission, within 21 days of service
- after one need (a) court’s consent, (b) other party’s consent

“relating back” so you can amend after SOL ran:
(a) SOL allows relating back,
(b) adds claim/defense that arose from conduct underlying original pleading,
(c) (1) changes defendant, (2) same underlying conduct, (3) within time allowed for original complaint new party had received notice such that no prejudice, (4) party knew or should’ve known it would’ve been named but-for identity mistake

Question 27

Intervention

Answer 27

Matter of right: (1) interest in underlying transaction, (2) resolving without intervenor impairs ability to protect interests, (3) current D does not adequately represent intervenor’s interests

Permissive: intervenor’s claim shares common question of law/fact

Question 28

Class Action

Answer 28

Court must approve: (1) sufficiently numerous P’s, (2) common question of law/fact, (3) representative typical of class’s claims, (4) representative capable of fairly/adequately representing class (5) common issues to entire class predominate individual issues, (6) class resolution is superior to individual case resolution
- SMJ diversity if (1) atleast 100 class members (2) claim over 5 million, (3) any class member diverse from any D, but not if 2/3 of class lives in one state and at least 1 D