Civil Procedure Wrongs

Question 1

When can a party do something that goes against the pretrial order?

Answer 1

A party may do something that goes against the pretrial order ONLY if the court modifies the pretrial order.

The pretrial order will be modified “only to prevent manifest injustice.”

Question 2

When does res judicata claim preclusion apply?

Answer 2

Res judicata applies when:

(1) prior final judgment on the merits
(2) same π against same ∆, and
(3) same claims, meaning arising from same transaction or occurrence

Question 3

When can a party demand a jury trial?

Answer 3

A party can demand a jury trial if the underlying claims of the suit are “legal” in nature, as opposed to equitable in nature.

Question 4

What are the due process requirements for Notice?

Answer 4

Due process requires that the method of giving notice must have a reasonable prospect of giving actual notice.

Question 5

What is interpleader?

Answer 5

Interpleader is used in situations where the plaintiff is in possession of property claimed by two or more other parties. By filing an interpleader action, the plaintiff may require that the claimants litigate among themselves to decide who is entitled to the property.

Question 6

With a Partnership, whose citizenship is analyzed for Diversity SMJ?

Answer 6

BOTH general partners and limited partners’ citizenship is necessary for Diversity analysis. A limited partner’s citizenship can screw up Diversity Jurisdiction.

Question 7

What is the limitation on removal in Diversity actions?

Answer 7

∆ cannot remove to federal court in a DIVERSITY action if the ∆ is a citizen of the forum state.

In a Federal Question action, ∆’s citizenship is irrelevant for purposes of removal.

Question 8

What types of cases will an otherwise proper federal court not exercise jurisdiction?

Answer 8

Federal Courts will not hear:
Domestic Relations (alimony, divorce, child custody) and Probate cases.

Question 9

What will the court do if venue is improper?

Answer 9

In response to a motion, the Court will transfer the case to a proper venue in the interest of justice. If a transfer would create an injustice, the Court may dismiss (but usually won’t).

Question 10

What limits are there on states trying to assert PJ over a ∆ who is in the state as a party/witness to another judicial proceeding?

Answer 10

In effect, a civil ∆ is given a “free pass” into the state while she is testifying in a different proceeding.

Question 11

What notice is required for an in rem action?

Answer 11

In an in rem action, persons whose interests are known to be affected and whose addresses are known must be notified at least by ordinary mail. Summons is not required in these situations though.

Question 12

May a federal court hear a remoaved case even though the state court from which the case was removed did not have jurisdiction?

Answer 12

Yes. Normal removal rules apply.

Question 13

When may the court clerk sign and enter judgement for the plaintiff?

Answer 13

On request of the plaintiff, supported by an affidavit as to the amount due, the clerk may sign and enter judgment for that amount and costs against the defendant IF:

(1) the plaintiff’s claim against the defaulted ∆ is for sum certain,
(2) the default was entered because the ∆ failed to appear,
(3) the defaulted ∆ is not infant/incompetent, AND
(4) the damages amount requested is not greater than the amount requested in the complaint.

Question 14

What venue rules apply to defendants who are not residents of the United States?

Answer 14

A nonresident of the US may be sued in any district, assuming PJ exists.

Question 15

Big Steps to PJ Essay Question

Answer 15

(1) Intro about PJ
(2) General PJ
(3) Specific PJ

Question 16

Outline of Intro to PJ Essay Question (6)

Answer 16

(1) PJ = Court’s power over particular ∆.
(2) At issue is whether there is sufficient activity in State to subject ∆ to personal jurisdiction in State.
(3) For fed district court to have personal jurisdiction over a particular ∆ there must be a state statute authorizing PJ and the exercise of such jurisdiction must be constitutional.
(4) Ct. analyzes PJ as if it were a state court in the jurisdiction.
(5) Long Arm Statute - what does it say?
(6) If boundary is just US Constitution, the two questions merge.

Question 17

Outline of General Jurisdiction to PJ Essay Question (5)

Answer 17

(1) General jurisdiction = subject to Court’s power in all matters

For humans:

(1) domiciled in that state
(2) domicile = physical presence w/ intent to stay

For Business:

(1) Citizen in State (Inc. or PPM), OR
(2) Continuous & systematic activity such that it is “doing business” in State or “essentially at home”

Question 18

Outline of Specific Jurisdiction to PJ Essay Question (5)

Answer 18

(1) Specific PJ gives the Court power over the ∆ for this specific case.
(2) Exercise of Specific PJ permissible if ∆ has such purposeful minimum contacts w/ forum such that exercise of PJ would be fair and reasonable.
(3) ∆’s contacts must be purposeful - analyze
(4) ∆ must reasonably anticipated being haled into court in the forum - analyze
(5) Weigh ∆’s contacts w/ forum -purposeful availment & reasonable anticipation?

Question 19

Outline for Diversity SMJ Essay (7)

Answer 19

(1) Under USCon, Fed Courts have jurisdiction over controversies involving citizens of different states (or citizens and aliens) for more than $75,000.
(2) Complete Diversity is required, meaning…
(3) Diversity is analyzed at the time of filing.
(4) For humans, citizenship of a state = US citizen + domicile
(5) Domicile = physical presence + intention to stay
(6) For corp, citizenship = Inc. or PPB (“nerve center”)
(7) Analyze

Question 20

Outline for FQ SMJ Essay

Answer 20

(1) Under USCon, Fed Cts have jurisdiciton over cases arising under the US Con, Fed statutes, and treaties.
(2) Whether case “arises under” is determined by π’s well-pleaded Complaint
(3) Anticipated defenses of federal law do not constitute FQ SMJ