CivPro

Question 1

Intervention

Answer 1

Applies when a nonparty claims an interest in the property or transaction that is subject of the pending lawsuit and disposition in their absence will impair or impede their ability to protect their interest, unless existing parties adequately represent that interest.

Ct may permit intervention, upon timely motion, when the movant’s claim or defense and the original action share a common question of law or fact. In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

Question 2

Interpleader

Answer 2

Action where one holding property forces all potential claimants into a single lawsuit to avoid multiple and inconsistent litigation.

Question 3

Jury demand

Answer 3

Jury demand mb served w/in 14 days after service of the last pleading directed to the issue that is sought to be tried by a jury.

The 14-day countdown does not begin at the filing of the complaint, or at the filing of a motion. Rather, it begins after service of the last pleading directed to the issue.

Question 4

Motion to seek relief from a final judgment

Answer 4

Court may relieve a party from final judgment for a motion filed w/in reas time, and no later than 1 year, in any case in which enforcing the judgment would work injustice, and the party seeking relief or its counsel was not guilty of misconduct or gross neg.

Includes situations involving newly discovered evidence that could not have been earlier discovered w/ reas diligence, fraud, misrepresentation, or misconduct by an opposing party.

Question 5

Full Faith and Credit Clause

Answer 5

If a valid judgment is rendered by a ct that has idx over the parties, and the parties receive proper notice of the action and a reas app tb heard, FFCC reqs that the judgment rec the same effect in other states as in the state where it was rendered.

Question 6

To whom does the full faith and credit clause extend to?

Answer 6

The req of FFCC extends to the preclusive effects of the OG state-ct judgment. Thus, if state A would not allow their judgment to have preclusive effects against a party, a fed ct in state B cannot do so either.

Question 7

Standard of review for matters discretionary to the judge?

Answer 7

Abuse of discretion standard is the applicable standard re admissibility of evidence.

Question 8

Standard of review for questions of fact determined by a jury?

Answer 8

Reasonable jury determination: Jury given more deference than judge so standard is the a reas jury could reach the same conclusion.

Question 9

Standard of review questions of fact determined by a judge?

Answer 9

Clearly erroneous standard applied to set aside trial Ct’s findings of fact. (amount of damages)

Question 10

When harmless error standard applied?

Answer 10

Harmless error standard will be found when the Ct’s erroneous admission of evidence did not affect any party’s substantial rights.

Question 11

Standards of review for matters of law?

Answer 11

De novo, appellate ct will use the trial Ct’s record, but reviews the evidence and law w/o deference to the trial Ct’s ruling.

Question 12

When can ct remand?

Answer 12

Fed ct can only remand to state ct from which the claim originated. If ct determines there is no SMJ, then ct may dismiss the case.

Question 13

Time limit to remand?

Answer 13

π must remand w/in 30 days of removal or waived

Question 14

Notice standard

Answer 14

In order to comport with due process, the defendant must receive notice of the lawsuit that is reasonably calculated to apprise the defendant of the pendency of the action and afford the defendant the opportunity to present its objections.

Question 15

In rem idx

Answer 15

In an in rem action, the forum ct generally has PJ over a ∆when the dispute centers on ownership of property located in the forum state.

Question 16

Waiver of objection to venue

Answer 16

An objection to venue is waived by a ∆if not asserted in a pre-answer motion to dismiss if the ∆chooses to file one.

Question 17

Amended complaint standard?

Answer 17

The ct should freely give leave to amend a pleading when justice so requires, and amendments are generally allowed unless the amendment would be futile because it would immediately subject the claim to dismissal or it would result in undue prejudice to the opposing party.

Question 18

Amount in controversy for SMJ of class action fairness act.

Answer 18

$5M

Question 19

Motion for SJ: What not allowed?

Answer 19

Cannot introduce mere intent to call a W to testify at trial. The movant must have person knowledge.

Question 20

When must ct provide findings and conclusions?

Answer 20

When ct is finder of fact, it must find the facts specially and state its conclusions of law separately.

Question 21

Trial by the court: clearly erroneous standard

Answer 21

On appeal, the Ct’s finding of fact can be set aside only if clearly erroneous, and reviewing ct must give due regard to the trials Ct’s opportunity to judge the Ws credibility.
A finding is clearly erroneous when the appellate ct, based on the entirety of the evidence, is left w/ the definite and firm conviction that a mistake has been committed.

Question 22

Appellate review of interlocutory appeals.

Answer 22

Fed cts of appeals have idx over appeals from the final judgments of the district cts. Most interlocutory orders (motion to dismiss for lack of PJ) are not immediately appealable.