CivPro

Question 1

PJ

Answer 1

PJ means the ct must have proper jdx over the parties to an action. PJ proper where there is a suff close relationship between the forum state and the ∆. Traditionally, PJ may be found where ∆ consents, is domiciled, and when is present when served w/ process. Domicile is the state in which he has physical presence and the subjective intent to remain.

Question 2

Long arm statute

Answer 2

A long arm statutute gives the ct PJ over a ∆. CA has long arm statute that gives ct power over any person over which the state can const exercise jdx. If the long arm statute in another state specifies the circumstances under which a ct may exercise PJ, the exercise still mb const.

Question 3

Constitutional limitations to PJ

Answer 3

To be const, there mb stuff contacts w/ the forum state so as to not offend the traditional notions of fair play and subst justice. The US SC has listed a series of factors w/ which to assess the const of PJ. In general, the factors fall under these three headings: contacts, relatedness, and fairness.

Question 4

Minimum contacts

Answer 4

MC reqs showing of purposeful availment and foreseeability.

Question 5

Purposeful Availment

Answer 5

The ct must find that the ∆ purposefully availed itself of the privilege of conducting activities in the forum state, thus invoking the benefits and protections of its laws.

Question 6

Foreseeability

Answer 6

The ∆also must know or reas anticipate that its activities in the forum render it foreseeable that it may be haled into ct there.

Question 7

Relatedness of claim to the contacts

Answer 7

If the claim arises from ∆’s contacts w/ the forum, the ct may have specific jdx. Regardless of whe the π’s claim is related to the ∆’s contacts w/ the forum, the ct also may have gen jdx if the ∆is at home in the jdx. If there is no relationship between the π’s claim and the ∆’s contacts w/ the forum, the ct must have gen PJ over the ∆to hear the case.

Question 8

Specific Jdx

Answer 8

For specific jdx, the case mb related to the ∆’s contacts w/ the forum.

Question 9

General Jdx

Answer 9

Ct also may look to see if the ∆is at home in the forum and thus able to exercise gen PJ over ∆.

Question 10

Fairness

Answer 10

The ct, in determining the exercising PJ over ∆ is fair will look at the convenience to the ∆, the state’s interest, and other factors. Fairness is not a consideration when theres gen idx.

Question 11

Convenience

Answer 11

A forum is const acceptable unless it is so gravely difficult and inconvenient that the ∆ is put at a severe disadvantage.

Question 12

SMJ

Answer 12

Refers to the Ct’s ability to hear a type of case. There are two bases for OG SMJ: fed Q and diversity idx. Each claim asserted in fed ct must have an ind basis for fed SMJ, if the claim does not satisfy the reqs for FQ or Div jdx, it might be possible to hear the claim in fed ct under Ct’s supp jdx.

Question 13

Fed Q Idx

Answer 13

FQ reqs that the π’s well-pleaded complaint sets forth a COA that arises under fed law. A case arises under fed law if the πalleges a right or interest that is substantial founded on fed law.

Question 14

Div Idx

Answer 14

DJ reqs complete div when the suit is filed and an AIC that exceeds 75k, excluding interest that’s not party of the controversy and costs. Div idx also provides for SMJ over alienage cases (suits between a US citizens and a citizen or subject of a foreign country. Jdx is withdrawn if the foreign nat has been admitted for perm rest in US and is domiciled in the same state as adverse party.

Question 15

AIC

Answer 15

The AIC is determined by the π’s GF claim stated in the complaint. A single πcan aggregate all claims against one ∆.

Question 16

Supp idx

Answer 16

If a ct doesnt have OG idx over a claim, it may be able to hear the claim under its supp jdx. In Div idx case, claims by joined πs that dont meet AIC req may invoke supp idx if they arise from a CNOF as a claim that invoked div jdx.

Question 17

Removal

Answer 17

A case may be removed from state ct to fed ct when it OG could have been filed in fed ct. Only ∆s can remove.

[Then analyze SMJ]

Homestate ∆ Rule: In Div case, ∆may not remove to fed ct if he’s a citizen of the forum state.

Timing: 30 days

Question 18

Remand

Answer 18

When a ∆ attempts to remove to fed ct and the removal is improper, fed ct can remand case back to state. Π must move to remand w/in 30 days of removal.

Question 19

Erie Doctrine

Answer 19

Fed ct siting in diversity will use fed procedural law and state substantive law.

Question 20

Venue

Answer 20

Venue concerns which geo dist is the proper place for a particular case tb heard.

Venue is proper in a judicial district in which (1) any ∆ resides if all ∆s reside in the same state; (2) a substantial part of the events or omissions giving rise to the claim occurred or a subs part of the prop that is subject to the action is situated; or (3) any ∆is subject to PJ w/ respect to the action, but only if theres no judicial district that satisfied 1 and 2.

Question 21

Transfer of venue

Answer 21

To have venue transferred, ∆ must show either that venue is improper in the π’s chosen venue or that venue should be transferred, in the interest of justice for the convenience of the parties and Ws. When venue is proper, transfer may be made to another list in which the action might have been brought or to which all parties have consented.

Question 22

Discovery

Answer 22

A party may seek to obtain any nonpriv matter that’s relevant to any claim or defense, including any doc evidence. Ct also will consider the the proposed disco is proportional w/ the needs of the case.

Question 23

Discovery - Reqs Physical/Mental Exam of Party

Answer 23

The fed rules provide for an ind physical exam of a party when that party’s physical or mental condition is in controversy. Available upon showing of good cause, party can make a req to ct.

Question 24

CA Venue

Answer 24

Any county where any ∆resides.

Contract - where k was entered into or tb performed.

PI/wrongful death - where injury occurred

Corporation - PPB, where k was made, where lia arose, where breach occurred

Question 25

CA - Transfer of Venue

Answer 25

When venue is transferred, case is moved from one county to the other.

Motion mb made w/ or before answer, demurrer, or motion to strike.

Question 26

CA - Forum Selection Clause

Answer 26

Court wont enforce a forum selection clause if the agreed-upon forum is improper.

Question 27

CA Substituted Service

Answer 27

Reqs:

(1) personal service cannot w/ reas diligence be had;
(2) process mb left w/ a competent member of the household who’s at least 18 yo;
(3) the person mb informed of service; and
(4) process mb also mailed by 1st class mail.

Question 28

CA Service by Publication

Answer 28

Only on affidavit from π’s att showing that the ∆cannot be served, demonstrating π’s att used reas diligence in trying to serve ∆in another way. Is a last resort.

Question 29

CA Tag Jdx Exception in State for Proceeding

Answer 29

Unlike fed ct, CA doesnt have immunity from service of process when ∆is in state to take part in ct proceeding.

Question 30

CA Pleadings

Answer 30

CA follows “fact pleading” meaning the πhas to allege the ultimate facts on each element of each COA. There mb a stmt of facts constituting the COA, which includes demand for judgment, πneed not allege SMJ.

Question 31

CA Answer

Answer 31

30 days after service of process

Fed ct 21 days.

Question 32

CA Cross-Complaint

Answer 32

In fed ct, ∆could assert counterclaim, cross-claim, and impleader.

In CA, they’re all cross complaint.

(1) Cross complaint against π (like fed counterclaim, there are compulsory/noncompulsory);
(2) Cross complaint against a co-party;
(3) Cross-complaint against a 3rd party ∆

Question 33

CA Class Actions

Answer 33

CA class action is allowed if theres:

(1) ascertainable class;
(2) well-defined community of interest. Cts looks at whe common Qs of law or fact predominate; the rep will adequately rep the class interests and the class will result in subst benefit to the parties and the ct.

Question 34

CA Default Judgment By Clerk Procedure

Answer 34

DJ may be entered by clerk w/o judge’s involvement if:

(1) ∆has made no response at all;
(2) the claim is on a k or judgment;
(3) the claim is for sum certain in m money;
(4) the ∆was not served by publication and
(5) the πprovides an affidavit stating relevant facts.

Question 35

Corporation Citizenship

Answer 35

A C is a citizen of the state where the bus is inco and the one state where the C has its PPB. PPB is determined by the nerve center test and refers to the place where a C’s officers direct, control, and coordinate the C’s activities. Typically, where the C maintains its HQ.

Question 36

CA Unlimited Civil Cases

Answer 36

Are heard in Sup. ct and req an AIC exceeding 25k. There are no limitations on pleadings, discovery, or relief available, and a claimant can recover any amount.

Question 37

CA Limited Cases

Answer 37

Heard in Sup ct and req an AIC of 25k or less. There are limitation placed on the use of process and the equitable relief available, and a claimant cannot recover more than 25k.

Question 38

Notice

Answer 38

A ∆ mb properly notified of a pending action by a reas method and mb given an opportunity tb heard.

Question 39

Service of Process

Answer 39

Means to provide a ∆ w/ notice of a pending action by delivery to ∆of a summons and a copy of the complaint.

Service can be made by anyone who is at least 18 yo and not a party to the action.

Question 40

Substituted Service - Federal

Answer 40

Service of process can be left at ∆’s usual abode and served upon someone of suitable age and discretion who resides there; or served to ∆’s authorized agent; or served by methods permitted by state law.

Question 41

Federal Court Notice Pleading

Answer 41

Goal is to provide the opp party w/ reas notice of the nature and scope of the claims being asserted.

Question 42

CA Fact Pleading

Answer 42

Parties must plead ultimate facts to support each element of the COA.

Question 43

Right to Amend

Answer 43

πhas right to amend once w/in 21 days of service, or 21 days after service of a responsive pleading or pre answer motion. Otherwise, must seek leave of ct to amend, which ct will grant freely if justice so reqs.

Question 44

CA Right to Amend

Answer 44

∆ has right to amend once before the answer or demurrer to the complaint is filed, or after the demurrer filed but before hearing on demurrer. Otherwise, seek leave of ct to amend, which ct grant liberally.

Question 45

Permissive Joinder

Answer 45

πs and/or ∆s may be joined to an existing case if the claims arise from the same T/O and raise at least one common Q of fact or law.

Question 46

Compulsory Joinder

Answer 46

Party is necessary if the ct cannot provide complete relief w/o the new party; or the absent party has an interest in the subject matter of the lawsuit that in his absence will be harmed if he’s not joined; or the absent party is subject to multiple or inconsistent obligations.

Question 47

Impleader

Answer 47

Mechanism a defending party can sue to add a TP∆ in order to seek indemnity, subrogation, or contribution.

Supp jdx will apply bc the claim will meet the CNOF req and no ind basis for SMJ is req’d.

Question 48

Intervention

Answer 48

When a nonparty claims an interest in the property or transaction that is the subject of the pending lawsuit and disposition in his absence will impair his rights.

Question 49

Interpleader

Answer 49

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

(1) Statutory interpleader reqs only one claimant mb diverse from one other claimant and the AIC mb 500 or more.
(2) Rule 22 reqs that the stakeholder mb diverse from every claimant and the AIC exceed 75k.

Question 50

Compulsory Counterclaim

Answer 50

Arise from the same T/O as the π’s claim and mb raised in the pending case or the claim is deemed waived. Can come in w/ supp jdx.

Question 51

Permissive Counterclaim

Answer 51

Do not arise from the same T/O and may be raised in the pending case or in a separate case. Must have ind source of SMJ.

Question 52

Class Actions

Answer 52

A case where a named rep sues on behalf of a group. Fed class action is proper if the class mets the following reqs:

(1) Numerosity: there are too many class members for joinder to be practical;
(2) Commonality: the Q of law or fact are common to the class;
(3) Typicality: the rep’s claims or defenses are typical of those in the class;
(4) Adequacy of rep such that it will fairly represent the class;
(5) The class must also fit w/in one of the following types of classes: (i) prejudice: class treatment is necessary to avoid inconsistent results or persons participating in a fund as ind from depleting the fund; or (ii) injunctive or declaratory relief is sought; or (iii) Qs of law/fact common to the class predominate over Ws affecting ind,a nd a class action is a superior method to resolve the issues.

Question 53

Federal Diversity Class Action & CAFA

Answer 53

Only citizenship of named rep is taken into account, and the 75k AIC req can be satisfied by any named class rep.

CAFA applies where there isn’t complete diversity and allows fed ct to hear class action if following met:

(1) Diversity: Any class member is diverse from any ∆; and
(2) Aggregation: class claims aggregate to exceed 5mil; and
(3) at least 100 members.

Question 54

Fed Rule 26 Mandatory Disclosures

Answer 54

(1) Initial disclosures that supply info about disputed facts, including IDing those likely to have discoverable info about the claim/defense; copies or description of tangible evidence such as docs; damages computation and supporting docs; and copies of applicable ins docs;
(2) Exp test info, including ID of exp, qualifications and exp’s written report;
(3) Pretrial disclosures, including a list of all ngnexp Ws and a list of docs or exhibits.

Question 55

Voluntary Dismissal

Answer 55

πmay obtain one vol dismissal w/o prejudice. Trial ct may grant dismissal after an answer or MSJ if filed, unless subst prejudice to the ∆would occur. Second vol dismissal w/ prejudice.

Question 56

Judgment as a Matter of Law

Answer 56

Occurs when one party files a motion after the other side has been heard at trial, contending that RPs could not disagree on the result, and asks for a JMOL.

CA - Directed verdict or a demurrer to the evidence

Question 57

Renewed JMOL

Answer 57

Occurs after the jury has reached a verdict, contending that RP could not disagree on the result, and asks for a JMOL. The losing party must have OG filed JMOL or cannot later file RJMOL since its a renewal of the earlier motion.

Fed - 28 days after entry of judgment
CA - 15 days after mailing or service of notice of entry of judgment, or 180 days after entry of judgment.

Question 58

Standard of Review - Matters of Law

Answer 58

Reviewed de novo, which means the app ct can substitute its judgment for that of the trial judge.

Question 59

Standard of Review - Qs of fact determined by judge/jury

Answer 59

Judge - reviewed using a clearly erroneous standard.

Jury - reviewed using even more deferential standard of viewing the finding of fact in light most favorable to affirming the jury’s verdict, and determining whe a reas jury could have reached the same conclusion.

Question 60

Standard of Review - Mixed Qs of fact and law

Answer 60

Reviewed de novo, app ct can sub its judgment for that of the trial judge.

Question 61

Standard of Review - Matters discretionary to the judge

Answer 61

Reviewed using an abuse of discretion standard, which means such matters will only be overturned if clearly wrong.

Question 62

Res Judicata (claim preclusion)

Answer 62

Precludes relit of a claim that has already been decided in a prior lit between the same parties. A subsequent suit based on the same claim will be barred where the first claim meets the following:

(1) valid final judgment on the merits;
(2) the cases are brought by the same claimant against the same ∆;
(3) the same claim is asserted in the prior case and the subsequent case; and
(4) the COA was actually litigated or could have been litigated in the prior action.

Question 63

Claim Preclusion - Primary Rights Doctrine (Minority Jdx)

Answer 63

There are separate claims for property damage and personal injuries that arise in a single event. Thus, can sue in case 1 for PI, then sue in case 2 for property damage.

Question 64

Collateral Estoppel (Issue Preclusion)

Answer 64

Collateral estoppel, which stops a party in a prior case from relit an issue that was resolved in that case, requires that:

(1) the first case end in a valid, final judgment on the merits;
(2) the issue be actually litigated and determined in the prior case; and
(3) the issue was essential to the prior litigation.

Party asserting is a nonparty: When a party in a second case is seeking to take advantage of a decided issue from a prior case in which she was not a party, the ct will also look to see whe its unfair or inequitable to allow a nonparty to assert CE.

Question 65

Relation Back - Adding New ∆

Answer 65

When the SOL has run, a ∆may be added, and the filing of the amended claim will relate back to the date that the OG complaint was filed, when:

(1) the amendment adding the new ∆ arises out of the same conduct, T/O as the OG complaint; and
(2) w/in 90 days after filing the complaint and any addtl time as the ct may order on a showing of good cause, the newly added ∆rec’d such notice of the action such that it will not be prejudiced in maintaining its defense on the merits, and knew that, but for a mistake concerning the proper party ID, the action would have been brought against it.