CivPro (MBE)

Question 1

does failure to make proof of service (w/ the court) does affect the service’s validity?

Answer 1

no

Question 2

Serve according to forum state’s rules, or rules where D resides?

Answer 2

both work

Question 3

If D timely returns a waiver of service before being served with process, then D does not have to serve an answer to the complaint until when?

Answer 3

sixty days after the request was sent [incentive to waive!], or 90 days after it was sent to D outside US

Question 4

by when do you respond to amended pleading?

Answer 4

Unless the court orders otherwise, a party must respond to an amended pleading within the later of 14 days after service of the amended pleading or the time remaining for response to the original pleading (21 days).

Question 5

what happens when affirmative defense (named like SOF), is not stated in D’s answer?

Answer 5

deemed waived, can’t include in motion to dismiss

Question 6

Is an order for a new trial appealable? Why/why not?

Answer 6

no because it is not a final judgment. A party who wants to raise on appeal the grant of a new trial must wait until the new trial has occurred and resulted in a final judgment

Question 7

How long after final judgment must you appeal?

Answer 7

30 days

Question 8

Two notes re: same transaction. A sued B for one. Then later sued B for the other. Ok? Or should’ve done both in one suit?

Answer 8

Although each promissory note arose from the same sales transaction, the ordinary commercial understanding is that the failure to pay each note constitutes a separate cause of action that can be independently pursued by the holder of the note.

Question 9

Class action based on federal law but no rep meets 75K requirement. OK?

Answer 9

Since based on federal law violation, the court has subject matter jurisdiction on the basis of federal question rather than diversity jurisdiction

Question 10

numerosity

Answer 10

class must be so numerous that joinder of all members is NOT practicable

Question 11

Class cert appeal: must, or may, appeals court hear the appeal?

Answer 11

may

Question 12

If the appeals court permits hearing the class cert appeal, will it stay proceedings in the district court?

Answer 12

No, unless the district court or the court of appeals so orders

Question 13

How may a court correct a clerical or other mistake resulting from oversight or omission whenever one is found in a judgment, order, or other part of the record,

Answer 13

via motion by a party or on court’s own initiative, with or without notice

Question 14

once an appeal from a judgment or order has been docketed in the appellate court, how can you make a clerical-error correction?

Answer 14

only with leave [permission] of appellate court

Question 15

Although an allegation in P’s complaint is generally deemed admitted if that allegation is not denied in the answer, the same is not true if the allegation relates to __

Answer 15

damages

Question 16

Can you take a deposition before the discovery conference?

Answer 16

yes, but requires leave of court

Question 17

Depositions may be used by a party to . . .

Answer 17

impeach testimony, or for any other purpose permitted by the Federal Rules of Evidence

Question 18

If P fails to prosecute his case and, in response to a D’s motion, the court dismisses the action, the dismissal is with prejudice, or without prejudice?

Answer 18

with prejudice – operates as an adjudication on the merits

Question 19

involuntary dismissals are typically with prejudice or without prejudice?

Answer 19

with prejudice

Question 20

what’s an exception to the rule that involuntary dismissals are typically with prejudice?

Answer 20

Exception: dismissing an action due to the failure to join a necessary party is without prejudice

Question 21

If P validly sues in federal court, but there are similar pending actions by others in state court, what must the fed court do?

Answer 21

adjudicate the case

Question 22

can a federal court remove a case to state court?

Answer 22

no

Question 23

It’s OK to file with the court and serve a summons and third-party complaint on third party D without leave of the court if you file the third-party complaint within __ days after serving your answer to P’s complaint

Answer 23

14

Question 24

It’s OK to file with the court and serve a summons and third-party complaint on third party D WITH leave of the court if you file the third-party complaint when after P’s complaint is filed?

Answer 24

anytime after

Question 25

When can a party asserting a claim join with it as many independent or alternative claims of whatever nature against the opposing party?

Answer 25

when the court has subject-matter jurisdiction over the new claims

Question 26

If trying to join a state claim to a federal claim, the state claim may be joined only if…

Answer 26

diversity jurisdiction exists, or if the new claim arises out of the same case or controversy as the federal claim such that supplemental jurisdiction applies.

Question 27

when is joined by a P required?

Answer 27

never

Question 28

judgment as a matter of law

Answer 28

court must view the evidence in the light most favorable to the opposing party and draw all reasonable inferences from the evidence in favor of the opposing party.

It may not consider the credibility of witnesses and cannot evaluate the weight of the evidence, and it must disregard all evidence favorable to the moving party that the jury is not required to believe.

Question 29

After verdict read aloud and jurors all say ‘this is our verdict,’
one juror, when questioned individually, denied that the special verdict was her verdict. what can court do?

Answer 29

may order a new trial

Question 30

Can a case be tried with / verdict returned by less than six jury members?

Answer 30

if the parties stipulate, then yes

Question 31

If a new cause of action that was unknown at common law is created, do you use jury trial or not?

Answer 31

look to whether the remedy sought is legal rather than equitable; if the remedy’s legal, a jury should be allowed

Question 32

When a jury is instructed to deliver both a general verdict and to answer special interrogatories, and the answers are consistent with each other but not with the general verdict, the court may . . .

Answer 32

(i) approve a judgment that is consistent with the answers
(ii) direct the jury to reconsider its answers and verdict, or
(iii) order a new trial

Question 33

by when must a demand for a jury trial be served?

Answer 33

within 14 days after service of the last pleading directed to the issue that is sought to be tried by a jury.

example: complaint sought damages, which is an action at law for which a jury trial may be had. But the demand was not made within 14 days of service of the funeral home’s answer, which is the only responsive pleading the funeral home may make that is directed to P’s complaint

Question 34

which evidence can court consider when evaluating motion to dismiss?

Answer 34

only the allegations in the complaint, any exhibits attached, and any matters subject to judicial notice (NOT outside materials like affidavits, UNLESS it’s re: personal jdx then affidavits okay)

Question 35

for summary judgment, may court consider outside materials like an affidavit?

Answer 35

yes

Question 36

within how many days must a new trial motion be filed?

Answer 36

2

Question 37

what’s remittitur and additur?

Answer 37

Although a federal court is permitted to offer remittitur (P we’ll lower your damage award but you wont have to deal w/ a new trial!) (a reduction in the damages awarded by the jury) as the means by which the plaintiff can avoid a new trial, a federal court cannot offer additur (D–pay more now, and you wont have to do a new trial!) (an increase in the amount of damages awarded by the jury) as the means by which the defendant can avoid a new trial.

Question 38

does motion for new trial have to address all issues or only some?

Answer 38

a court may, on motion, grant a new trial either on all issues or on only certain issues or parties (eg only re: damages)

Question 39

how do you determine whether notice by publication is constitutionally sufficient?

Answer 39

While state law might provide for notice by publication, federal law controls regarding whether such notice is constitutionally sufficient.

if the identity and address of an interested party are known or obtainable through reasonable efforts, then notice through in-person delivery, registered mail, return receipt requested, or some other means likely to notify the particular individual is required.

Notice by publication there would likely not be sufficient.

Question 40

when must you object to lack of personal idx?

Answer 40

Objection to lack of personal jdx must be done in a responsive pleading or by motion before then (if not, waived)

Question 41

can you amend an answer to include the personal jdx defense?

Answer 41

You CAN amend the answer w/in 21 days to include the personal jdx defense

Question 42

what’re the two ways to establish personal jurisdiction?

Answer 42

General: D’s “at home” there

Specific: cause of action relates to D’s contact there (crash)

Question 43

when can you require P to undergo physical examination?

Answer 43

○ Although a physical examination may be ordered only for “good cause,” P here has placed her physical condition into controversy by claiming personal injury damages, which is sufficient “good cause” for the court to order a physical examination.

So: OK to do without showing of good cause other than the need to verify the plaintiff’s injuries

Question 44

can P respond to D’s answer?

Answer 44

P is prohibited from responding to an answer unless ordered to do so by the court.

Question 45

can a preliminary injunction involve money damages?

Answer 45

no. If money damages potentially available -> no irreparable harm

Question 46

Are burdens of proof considered procedural or substantive?

Answer 46

substantive in a choice of law analysis under Erie, but procedural in a conflicts of law analysis under Klaxon

Question 47

**Are statutes of limitation procedural or substantive?

Answer 47

Substantive

But when that state procedural rule determines the applicability of the state statute of limitations, the federal court must apply the state procedural rule. Consequently, although the federal rule specifies that an action commences upon the filing of a complaint with the court, the federal court in this action must apply the state court rule that the action does not commence until the complaint has been served. Because service here was not made within the two-year period of the statute of limitations, the federal court should grant the defendant’s motion to dismiss.

Question 48

what’s a Relief From Judgment motion?

Answer 48

New evidence not discovered earlier by atty despite reasonable diligence, allows relief from judgment

Question 49

by when must you file motion for Relief From Judgment?

Answer 49

within a reasonable time, no later than one year following entry of judgment

Question 50

when can you remove case from state court to a federal court located in the state where the state action began?

Answer 50

1) If that federal court has original jdx (so any state court sitting in that fed district usually suffices to be removable)
2) If a D requests removal
3) w/in 30 days of filing of doc that makes case removable (eg complaint)
3) If all defendants agree to it
4) not removable if any D is domiciled in the forum state (stay in your state court!)

Question 51

When can the court order a party to pay the opposing party’s attorney’s fees?

Answer 51

ONLY WHEN the other side requests it by motion

Question 52

A party (or party’s attorney) may seek sanctions that can include the payment of reasonable attorney’s fees and other costs attributable to violation of the ___ made by a party or the party’s attorney in presenting a pleading or other paper to the court.

Answer 52

certification

Question 53

Among the certifications made by opposing side’s attorneys is that . . .

Answer 53

factual contentions contained in a pleading have evidentiary support based on a reasonable inquiry.

Question 54

attorney violates certification requirement in counterclaim, opposing party requests sanctions, attorney withdraws counterclaim within 21 days of being served the sanctions motion. what happens next?

Answer 54

attorney isn’t subject to sanctions because withdrew counterclaim that had certification issue within 21 days of being served sanctions motion

Question 55

Must supplemental jurisdiction arise out of same “common nucleus of operative fact” (ie same accident)

Answer 55

yes

Question 56

In same accident, if one P1 meets 75K+ diversity against D, but P2 doesn’t (complete diversity ok but only 5K), can the court exercise supplemental jdx to bring P2 in?

Answer 56

yes. efficiency

Question 57

a federal district court with jurisdiction over a claim may exercise supplemental jurisdiction over additional claims that arise out of a common nucleus of operative fact. what happens if adding a PARTY defeats complete jdx?

Answer 57

then that PARTY is barred

Question 58

when may PLAINTIFF file a third-party claim against a third-party defendant?

Answer 58

claim must fall under the court’s jurisdiction and relate to the same transaction or occurrence as the original complaint

Question 59

when’s venue proper?

Answer 59

Proper in a district where a substantial part of the events occurred

Proper in a district in which “any defendant resides, if all defendants reside in the same state that contains the district” (so if 1 D, where that D resides)

Property: Venue is proper if at least a substantial part of the property that is the subject of the action is situated in that district

Question 60

Where may D who’s not a US resident be sued?

Answer 60

in any judicial district

Question 61

In an action filed under the Federal Tort Claims Act, venue is proper either in:

Answer 61

district where P resides, or where the act/omission occurred.

Question 62

which 3 types of orders are exception to the rule that interlocutory orders cannot be immediately appealed?

Answer 62

Exceptions: injunction, or property case, or FNC denial = immediately appealable

Question 63

in a federal court action based solely on diversity jurisdiction, supplemental jurisdiction is __ as to a claim by an existing P against a 3P brought in via D’s impleader

Answer 63

precluded

Question 64

A tried buying a car but wants to sue B and C for it. A sues B under federal question jurisdiction. In same case, A also sues C under state law for 25K. Proper to sue C even though it’s for 25K, plus a state law claim, plus a second defendant?

Answer 64

Yes. When court has federal question jdx, court can exercise supplemental jurisdiction over a state-law claim that arises out of a “common nucleus of operative fact,” even though the federal court would not otherwise have subject-matter jurisdiction over the state-law claim, even if this state-law claim is against a different person than the federal law claim and even if the second claim doesn’t meet the amount-in-controversy

Question 65

does federal trial need a unanimous jury?

Answer 65

yes, fed = unanimous

Question 66

does federal trial require 12 jurors to start?

Answer 66

no, only 6+ are required to begin

Question 67

may an (1983) action against a federal officer or employee acting in an official capacity or under color of legal authority be brought in the judicial district in which P resides?

Answer 67

yes

Question 68

for peremptory challenges, are several Ps/Ds considered one party?

Answer 68

Several Ps or several Ds may be considered as a single party for making peremptory challenges, OR the court may allow additional peremptory challenges and permit them to be exercised separately or jointly

Question 69

what’s required for a federal district court to transfer an action to another federal district court for the convenience of the parties and witnesses and in the interest of justice?

Answer 69

the transferor court must determine that the action could have been initiated in the transferee court (i.e., subject-matter jurisdiction [diversity], personal jurisdiction over D, proper venue) or that all parties consent to the transfer.

It is not sufficient that the transferor court merely determines that the transfer would be convenient for the parties and witnesses and in the interest of justice.

Question 70

common law doctrine of forum non conveniens applies in which situation?

Answer 70

dismissal of actions that would be more appropriately tried in a foreign country. It is not applicable to the transfer of an action from one federal court to another

Question 71

At the close of a civil negligence trial in federal court, the judge properly explained to the jury that under the law of respondeat superior, the employer cannot be liable if the employee is not also liable. The jury returned a verdict against the employer but not the employee, even though the plaintiff had presented evidence that the employer’s liability solely arose under the respondeat superior doctrine. The plaintiff requested that the jury be polled, and each juror confirmed the verdict as his or her own. Before the jury was dismissed, both the employer and the plaintiff requested that the court resubmit the case to the jury.

Can the court grant this request?

Answer 71

Yes, because the jury did not follow the court’s instructions in reaching its verdict.

When a jury’s verdict does not properly follow the court’s instructions, the court may set aside the verdict and order the jury to resume deliberations. In this case, because the court properly instructed the jury as to the law, the court can order the jury to resume deliberations, and would even be within its discretion to order a new trial

Question 72

what’s collateral estoppel?

Answer 72

issue preclusion

collateral = side ISSUE

Question 73

can Party A conduct a depo before the deposing party (Party A) has made its mandatory initial disclosures?

Answer 73

no, requires leave of court

Question 74

when can you raise a defense of subject matter jurisdiction?

Answer 74

at any time, even on appeal. Subject-matter jurisdiction cannot be waived (eg, you don’t waive the right to challenge it just because you didn’t bring it up as a defense earlier)

Question 75

can an individual defendant be served by delivering process to a third party found at the defendant’s place of employment?

Answer 75

no, unless the person was an agent appointed by the defendant or otherwise authorized by law to receive service

Question 76

When D files a pre-answer motion, such as a motion to dismiss for lack of personal jurisdiction, D has __ days after receiving notice of the court’s decision on this motion to file its answer

Answer 76

14. hurry up dude! you already filed a pre-trial motion, so after we deny that, we expect you to move quickly to answer!

Question 77

A demand for trial by jury must be served within __ days after service of the last pleading directed to the issue that is sought to be tried by a jury

Answer 77

14

Question 78

can a jury demand be made in a pleading, file separately or both?

Answer 78

both. must be in writing. waived if not timely filed (14 days after service of final pleading)

Question 79

Impleader: in this case, the manufacturer’s (D’s) third-party complaint alleged that the designer (non-party) was responsible for the flaw and that the manufacturer was not at fault. The manufacturer argued that he was not at fault and the consumer sued the wrong defendant. What’s the problem with this third-party complaint?

Answer 79

Problem: the manufacturer’s (D’s) claim against the designer (non-party) was not based on an assertion that the designer would be liable to the manufacturer for the manufacturer’s liability on the consumer’s claim.

Because the manufacturer did not claim the designer would be liable to it on the basis of indemnification or contribution if the manufacturer was found liable to the consumer, the manufacturer has failed to state a proper third-party claim

Question 80

A sues B regarding a note. In the complaint, A alleges that B is the note’s maker. B doesn’t deny it, so it’s deemed admitted. Court grant’s A’s summary judgment. In subsequent case b/t them on similar claim, can A get issue preclusion on B being the note’s maker, thus denying B from litigating that issue?

Answer 80

No because that issue wasn’t LITIGATED in first case; D chose to not deny it (leading to its admission) instead of litigating it

Question 81

Each party is entitled to __ number of challenges for cause, such as bias or a personal relationship with a litigant

Answer 81

unlimited

Question 82

For a class action that is certified under Rule 23(b)(1) or (2), what kind of notice are members to the class members, other than the named representatives, entitled to?

Answer 82

notice at the discretion of the court. court may order appropriate notice (e.g., publication)

Question 83

While federal rules provides for personal jurisdiction by a federal court when no state court can exercise jurisdiction over the defendant, it requires what 2 things?

Answer 83

that the claim against the defendant be based on federal law, and that there be minimum contacts with the United States to justify personal jurisdiction in federal court

Question 84

If the defendant agrees to waive service, then which day is deemed to be the date of service of process?

Answer 84

the date on which P files the waiver form with the court

Question 85

can a federal court condition a new trial order on the plaintiff’s refusal to accept a damages amount less than the amount awarded by a jury (i.e., remittitur).

Answer 85

yes

Question 86

In determining a state’s substantive law, is the U.S. district court there bound by the rulings of the state’s highest court?

Answer 86

yes

And if the state’s highest court has not spoken on an issue, however, the federal court must try to determine how the state’s highest court would rule on the issue, if it did consider it.

To make this determination, the federal court will generally look to any lower state-court decisions that have considered the issue and will follow a lower court’s view, unless it believes that the highest state court would not follow it.

Question 87

A motorcyclist was involved in a collision with a truck. The motorcyclist sued the truck driver in state court for damage to the motorcycle. The jury returned a verdict for the truck driver, and the court entered judgment. The motorcyclist then sued the company that employed the driver and owned the truck in federal court for personal-injury damages, and the company moved to dismiss based on the state-court judgment.

If the court grants the company’s motion, what is the likely explanation?

Answer 87

Claim preclusion (res judicata) bars the motorcyclist’s action against the company.

Federal courts apply a transactional approach under which they bar a subsequent claim with respect to all or any part of the transaction, or series of connected transactions, out of which the action arose. Claim preclusion is limited to the parties or their privies.

In this case, the motorcyclist’s claim for damage to his motorcycle and his subsequent claim for personal injury arose out of the same transaction. As such, the claims should have been brought in the same action.

Although the company was not a party to the first action, the court could reasonably find that the company is in privity with the truck driver, who was a party to the first action, because their employer-employee relationship gives them a shared interest in establishing that the driver was not negligent

Question 88

can you immediately appeal an order that appoints or refuses to appoint a receiver?

Answer 88

yes; there’s a statutory exception to final-judgment rule for an order that appoints or refuses to appoint a receiver.

Question 89

In a nonjury trial, is the court required to state findings/conclusions when ruling on a motion to dismiss or motion for summary judgment?

Answer 89

no

Question 90

lawsuit 1: D won Issue X against P1

lawsuit 2: D wants to use the Issue X Win to preclude that issue from being litigated by P2 (friend). Can do D this? Why/why not?

Answer 90

no because P2 (whom issue preclusion is being used against) must have been a party in the first lawsuit (or in privity to a party).

so even defensive issue preclusion (which is okay) must be used against someone who was a party/privity in first suit

Question 91

In a diversity action, is the district court required to apply the substantive law of the state in which the district court is located when there is no federal statute on point?

Answer 91

yes

Question 92

which rule determine whether a court can exercise supplemental jurisdiction over an additional claim (by P2)?

Answer 92

In judging whether the claims are related, the test is whether they arise out of a “common nucleus of operative fact” such that all claims should be tried together

P2’s claims need not meet amount in controversy, though cannot destroy complete diversity (if not people would use this to skirt the rules)

Question 93

what are the 3 types of personal jurisdiction?

Answer 93

(1) in personam jurisdiction;
(2) in rem jurisdiction
(3) quasi-in-rem jurisdiction

Question 94

What are the four bases for in personam jurisdiction?

Answer 94

(i) voluntary presence; (ii) domicile; (iii) consent; and (iv) long-arm statutes

What if there’s no 1-3, and no mention of long-arm statute?

“Because most states’ long-arm statutes authorize jurisdiction to the extent permissible under the Due Process Clause, it must be determined whether the exercise of personal jurisdiction comports with due process.

Question 95

What’re the due process requirements for personal jurisdiction?

Answer 95

1) Minimum Contacts
• Purposeful Availment
• Specific and General Jurisdiction

2) Fair Play and Substantial Justice
   •	Forum State Interest
   •	Burden on Defendant
   •	Interest of Judicial System
   •	Shared Interest of States

Question 96

To determine if P’s motion to change venue was properly denied, what must you first determine?

Answer 96

whether the original venue was proper

Question 97

For venue, a company may be sued where?

Answer 97

Co is deemed to reside in any judicial district in which the entity is subject to personal jurisdiction with respect to the civil action in question

In a state that contains multiple judicial districts and in which a defendant corporation is subject to personal jurisdiction at the time the action is commenced, the corporation “shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State.”

Question 98

When is change of venue appropriate?

Answer 98

For the convenience of parties and witnesses, and if it is in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or all parties have consented to

This transfer may be ordered upon motion of a party or by the court on its own initiative, but it is available only when the jurisdiction and venue of the court considering the issue [the OG] are proper.

Then, it must be determined whether personal and subject matter jurisdiction would be proper in South before considering a change of venue.

Question 99

A single plaintiff has a breach of K claim re: a painting, and separate breach of K claim re: land, both against a single D. Can they be joined?

Answer 99

Yes, a single P may join all claims against a single D, as long as there’s subject matter jdx over the additional claims –> the additional claims’ damages CAN BE AGGREGATED if one P/D (doesn’t matter that they’re from different transaction or occurrence)

Question 100

When essay question asks whether P’s allegation is sufficient to state a claim for [tort], what’re the really asking?

Answer 100

whether it survives 12(b)(6) motion to dismiss

Under Rule 12(b)(6), a claim for relief can be dismissed if it fails to allege facts sufficient to support a cognizable claim. In deciding a motion under Rule 12(b)(6), the U.S. Supreme Court established a two-step analysis for adjudicating a motion to dismiss.

First, the court must identify and reject legal conclusions unsupported by factual allegations. This includes mere conclusory statements and assertions devoid of facts.

Second, the court should assume the truth or veracity of well-pleaded factual allegations and should include a “context specific” analysis that draws on the court’s judicial experience and common sense to determine whether the allegations plausibly give rise to an entitlement of relief.

Question 101

Supplemental Jurisdiction

Answer 101

gets non-federal, non-diversity claims into federal court.

The test is whether the claim arises from a common nucleus of operative facts with the claim that originally got the case into federal court.

If it does, Supplemental Jurisdiction will be granted.

Question 102

Erie

Answer 102

in a diversity! case, federal courts must apply the substantive law of the state in which the district is located to nonfederal causes of action, and apply federal procedural rules

Question 103

what does court do if it’s difficult to determine if an issue is substantive or procedural?

Answer 103

the court will first determine if there is a conflict between state and federal law. If a conflict exists, then the court will look to see if there is a federal statute or rule covering the issue, and if there is one, the court will apply federal law. If none exists, then the court will determine whether federal common law rather than state law should apply by looking at whether failure to apply state law will lead to different outcomes.

Example: It is not difficult to determine if breach of a land sales contract is substantive or procedural (lol), so no need to evaluate if a conflict exists.

Question 104

On what issues is P entitled to jury trial?

Answer 104

In federal court, the right to jury trial is governed by the Seventh Amendment. The Seventh Amendment (lucky 7—jury) preserves the right to a jury trial in federal court in all “suits of common law” where the amount in controversy exceeds $20.

Right to a jury trial extends to legal issues, but not equitable issues. If the same case involves both legal and equitable issues, the legal issues should be tried first to the jury and the equitable claim to the court second.

Further, the demand must be in writing and it must be filed with the court within 14 days after service of the last pleading directed to the issue that is sought to be tried by jury.

Here, Buyer is seeking legal damages totaling $1 million for the fraud case, which far exceeds the $20 threshold requirement. With regards to the breach-of-contract claim, he is seeking specific performance, which is an equitable claim. Thus, he is not entitled to a trial by jury for this claim

Question 105

In a case in federal court, is additur allowed if the forum state’s law allows additur?

Answer 105

No. Cases in federal court never allow additur, even tho the state substantive law does

Question 106

Either party may demand jury trial (on an issue triable by jury) within 14 days of opposing’s party’s last motion on the issue. If neither party does, what’re the two options by the court?

Answer 106

Bench trial, or court can require jury

Question 107

If a court has personal jdx over the parent company, it [does / does not] also have personal jdx over the subsidiary

Answer 107

does not

Question 108

appeal re: sufficiency of the evidence can be heard only if…

Answer 108

proponent preserved it during trial by raising it (in JMOL) before case went to jury

Question 109

What’re the traditional ways of knowing if a court has personal jurisdiction over a defendant?

Answer 109

the state where the party is domiciled,
presence in the state when served, or
consent

IF NOT: long-arm statute – full extent of Constitution (Due Process)

Question 110

There [is / is not] diversity of citizenship if ANY plaintiff AND ANY defendant are aliens

Answer 110

no

Question 111

motion for partial final judgment - valid? :O

Answer 111

yes. asks court for final judgment on some of the issues so they can immediately

court could also deny the motion if opposing party shows hardship (I can’t pay, but would if I win on the remaining issues) and undue burden on appellate court (hear case twice)

Question 112

can you raise a lack of personal jurisdiction during trial?

Answer 112

no, must be raised in a pre-answer motion, or not it’s waived (because you’re there!!)

Question 113

collateral order doctrine

Answer 113

collateral, non-final judgment ruling may nevertheless be immediately appealed if the issue is effectively unreviewable on appeal of final judgment, lower court conclusively determined the issue, and the issue is separate from/collateral to the merits of the case’s main issue

only examples thus far: immunity and double jeopardy

Question 114

Attorney didn’t object to improper jury instruction (so the issue’s not preserved for appeal…). How can attorney persuade court to grant his motion for New Trial?

Answer 114

argue that the instruction was plain error that affect his client’s substantial rights. might allow new trial even if instruction issue wasn’t preserved

Question 115

P seeks damages and injunction. right to trial?

Answer 115

yes because seeking damages; fact that P’s ALSO seeking an injunction does NOT bar 7A right to trial from damages

Question 116

is right to a jury a substantive issue (state) or procedural (fed)?

Answer 116

procedural, fed

Question 117

a civil action in a state court arising under the ___ laws of that state can’t be removed to a federal court

Answer 117

workmen’s compensation laws

Question 118

generally, an appeals court can’t hear new issues, but they can if it’s a purely __ question

Answer 118

purely legal question, when all the necessary facts are complete in the record (e.g., applicability of a particular statute in the case)

Question 119

when the reason you seek relief from a judgment is “mistake, surprise, excusable neglect,” then you can request it as late as ___ later

Answer 119

one year

Question 120

if one side files a legal claim ($$ - jury), and the other files an equity counterclaim (injunction - court) out of common facts, which should be heard first?

Answer 120

when it’s legal vs equity claim, the legal claim ($$ talks!) is tried first by a jury, then the court tries the injunctive claim.

The jury’s finding of fat on the legal issue will bring the court on the equitable claim

Question 121

does 3rd party D need subject matter jdx if it’s counterclaim comes from common nucleus of operative fact as the underlying case?

Answer 121

no, bring in via supplemental jdx (efficiency)

Question 122

is a party indispensable when D says his cousin claims an interest in the property that may be impaired in the action?

Answer 122

yes - can still proceed w/ case if not joined if court determine that “in equity and good conscience” it should still proceed

note: the absent indispensable party is considered for subject matter jdx, but court can still proceed if equity/conscience

Question 123

**if driver wins state lawsuit for damages alleging manufacturer negligence, can driver then sue in fed court for injunctive relief (car recall)?

Answer 123

no :O 
legal claim (damages) and equitable claim (injunction) merge (considered as same claim) and are barred by res judicata (claim preclusion)

Question 124

when must the defenses of lack of personal jurisdiction, improper venue, insufficient process be raised?

Answer 124

in pre-answer motion or in answer (whichever comes first) – if not, they’ll keep bringing up new issues

Question 125

could Congress allow trial by jury in injunctive/declaratory cases?

Answer 125

yes

Question 126

through which motion can nonparties wishing to join a lawsuit join?

Answer 126

permissive intervention (3P’s claim/defense shares common question of law or fact)

Question 127

can a non-party invoke permissive joinder to join case?

Answer 127

no (that’s for parties only); non-party must file permissive intervention

Question 128

when jurors give answers incompatible w/ their verdict (judge had required answers), can court order an appropriate judgment according to the answers, notwithstanding the verdict?

Answer 128

no [maybe? unclear], but court may order new trial or direct jury to further consider its answers and verdict

regardless(?): cannot enter the erroneous judgment(?)

Question 129

contract in fed lawsuit contains forum selection clause (“lawsuits re: this K must be brought in State C”). D files motion to transfer to State C. Must court move the case there

Answer 129

it’s up to court’s discretion to decide whether to transfer the case to the jurisdiction designated by the forum selection clause (even when suit is based on diversity, federal courts can weigh all factors, including FSC, when deciding a motion to transfer under the federal transfer statute)

Question 130

if plumber appeared by filing a motion to dismiss, he’s entitled to __ days notice before a hearing (re: default judgment)

Answer 130

7

Question 131

can a party simultaneously file a renewed motion for judgment as a matter of law and a motion for a new trial

Answer 131

yee

Question 132

“Federal Rules of Civil Procedure” = substantive or procedural law

Answer 132

procedural lol. apply it in diversity case in fed court (state substantive, fed procedural)

Question 133

does claiming improper service in your answer waive the argument?

Answer 133

no, because every defense must be asserted in responsive pleading (answer) or by motion

Question 134

if the president of D corporation is subpoenaed for depo but he says he knows little about the issue, what should Co’s attorney do?

Answer 134

object to the exec’s depo notice and move for a protective order excusing the corp’s prez from appearing (so COURT decides whether D’s right and that this guy shouldn’t be depo’d)

Question 135

a coupon settlement may only be approved after there’s a ___

Answer 135

settlement hearing

Question 136

can an interlocutory order deny a permanent injunction?

Answer 136

yes

Question 137

money damages suit against foreign Co (which, prior to 1900s, you couldn’t sue at common law). Ps demand jury trial (because money damages). Should jury be allowed?

Answer 137

jury cannot be allowed because in 1791 foreign Co’s weren’t a D in common law suit.

Seventh Amendment preserves: you have right to jury trial if this is legal ($) in nature (not injunction, etc) + would’ve been considered a common law suit in 1791 (only applies to FED trials)

Question 138

p voluntarily dismisses own claims, then re-files same claims but addressing some defects, then does so again. okay?

Answer 138

no because second voluntary dismissal counts as an adjudication on the merits (you can only sue w/o prejudice once; second time is prejudiced, preventing third)

Question 139

complaints must be answered within ___ days if there hasn’t been a waiver of service

Answer 139

21 (u have 3 weeks; 2 would be too fast)

Question 140

if D wants to remove case to federal court, must do so within ___ days of service of the complaint

Answer 140

30 (you have a month to move)

if 1st Ds miss the deadline, but last D properly asks to remove (later) w/in his 30 days, then 1st Ds can agree w/in last D’s 30 days

Question 141

can a D file a third-party complaint against a third-party D on the theory that the 3P D is the only liable party, and that the OG D isn’t liable?

Answer 141

no (must file 3P claim for indemnification/contribution (he OWES me for the cost)

Question 142

case filed in fed court in State A. Contract says state B must be venue. State A’s precedent says forum-selection clauses are unenforceable; SCOTUS precedent says they’re enforceable. D has moved to transfer case to fed in state B, citing forum selection clause + flour produced in B + majority likely witnesses in B. should court move to B?

Answer 142

yes, because Eerie -> fed procedural law -> federal venue law (“K forum selection clause is enforceable”) -> B after court analysis (easier for Ws, evidence, etc)

rule: a forum-selection clause represents the parties’ agt re the most proper forum, and it’ll be enforced via motion to transfer “in the interest of injustice” (court may also transfer a case for convenience of parties/Ws), EVEN IF OG FORUM WAS IMPROPER (courts prefer transfer over dismissal)

Question 143

can a party support its motion for summary judgment with its own personal affidavit?

Answer 143

yes

Question 144

can a court order a non-moving party to respond to a motion for summary judgment?

Answer 144

no

Question 145

**a federal court in diversity must apply the choice-of-law rules of the state in which ___

Answer 145

state where the federal court sits

Question 146

A sues B Manufacturer for negligence re: faulty breaks, discovery shows B’s fault, B leaves litigation, A wins default judgment. Now a teacher wants to sue on same theory. Does the default judgment preclude manufacturer from litigating merits of negligence in teacher’s case?

Answer 146

No because default judgment means that the negligence issue was not actually litigated and determined

Question 147

would a complaint (for lawsuit) re: fraud require info about D’s statement of mind or specifics of the false submission claims?

Answer 147

yes, fraud’s considered a special matter for pleading, requires more particularity, including circumstances giving rise to the claim

Question 148

during trial, can P file motion to dismiss own action for lack of subject matter jurisdiction?

Answer 148

yes lol

Question 149

when can judge modify pretrial order (which is binding for rest of litigation, eg re: which witnesses will testify etc)?

Answer 149

only to prevent manifest injustice

Question 150

interpleader

Answer 150

a suit pleaded b/t two parties to determine a matter of claim or right to PROPERTY held by a third party

If, for example, A holds property that he knows he does not own, but that both B and C are claiming, A can sue both B and C in an interpleader action, where B and C could litigate who actually owns the property. Interpleader avoids the problem of A being sued separately by both B and C, and potentially losing the same piece of property twice.

Question 151

is a court required to conditionally rule on a submitted motion for new trail if/when it grants a renewed motion for judgment as a matter of law?

Answer 151

yes. so if court grants renewed JMOL, court should also conditionally rule on motion for new trial

Question 152

for motions to transfer, remember that if court has to apply state A law, a court sitting in state A would be more ___ with it

Answer 152

familiar

Question 153

action filed in state A, which in a case meant that state A choice of law rules would apply, which meant state A rules would apply. if case transferred to state B (where their choice of law rules say state B law would apply), would state A or B rules apply in state B after venue change?

Answer 153

still use state A. prevent forum shopping (cant say ugh I dont like state A rules, let me move to state B so B rules apply)

Question 154

motion for summary judgment vs motion for judgment on the pleadings

Answer 154

MSJ - final judgment is dependent on facts in the record

Judgment on pleadings says judgment depends solely on the pleadings

Question 155

when served with request for waiver of service, will D be penalized for not waiving?

Answer 155

yes, must waive or face penalties, unless shows good cause (it’s a procedural rule, so fed rules)

Question 156

what’s abstention?

Answer 156

only involves situations where the state as a great interest in being the first to evaluate the matter (eg where a state court is interpreting a state statute not yet settled under state law, or where fed suit would interference w/ pending criminal prosecution)

Question 157

case involves state law that appears to deny due process (denying a property right -> a business license, rational basis). Can a fed court hear the case?

Answer 157

yes because DP Clause is implicated (fed question)

Question 158

the right to practice a trade/procession = liberty right?

Answer 158

yes, economic liberty -> due process

Question 159

***A properly sues B in federal diversity. B countersues, $2,500 claim, unrelated to OG claim. Does the counterclaim have diversity jdx? supplemental?

Answer 159

no diversity because permissive (non T/O) counterclaim (like here) must be 75K.1+. If not, people would countersue for tiny shit that they shouldn’t be permitted to sue about in fed court in the first place since it’s so tiny

no supplemental because not part of same transaction/occurrence (if it were, then okay to be below 75K because it’s so RELATED to OG that we might as well deal w/ it now)

Question 160

can P use supplemental jurisdiction to overcome lack of diversity?

so A sues B, then A bring in another A via supplemental. okay?

Answer 160

no, can’t destroy complete diversity

Question 161

is a license a property right created by state law that cannot be revoked w/o due process?

Answer 161

yes

Question 162

if D’s defense to P’s complaint is that he wasn’t of age when he made the K (which would be a valid defense), can D plead this as an affirmative defense in answer?

Answer 162

yes: “incapacity to contract” - will be waived as an affirmative defense if not timely raised

Question 163

if P fails to supplement mandatory disclosures, can P respond to MSJ w/ new affidavit that has info not in the disclosures?

Answer 163

no because that’s not in the record (absence must be substantially justified)

Question 164

if D fails to renew motion for judgment as a law after the trial (even though they filed regular JMOL at correct time), does D forfeit contention on appeal?

Answer 164

yes

Question 165

are cops immune from liability whenever they act w/in scope of employment?

Answer 165

no, may be sued if violated ‘clearly established’ statutory/constitutional right

Question 166

issue preclusion is only asserted BY someone who _____

and only AGAINST someone who….

Answer 166

BY someone who was a party/privity w/ party in previous case

AGAINST someone who was a party/privity w party to previous case

Question 167

claim preclusion requires what re: who the parties are

Answer 167

must be same parties (same P as P and D as D)

Question 168

Can the Seventh Amendment right to jury trial be applied to statutory claims that didnt exist when the amendment was drafted?

Answer 168

yes, for “kinds” of cases that existed at the time, NOT to exactly the only cases that did (so: analogize)

Question 169

which defenses are automatically waived if not provided in very first pre-answer / answer motion? And which defense can be raised in a later motion?

Answer 169

bring up first or it’s waived:
lack of personal jdx, improper venue, insufficient process, insufficient service of process [mneumonic: process, me, here]

can bring up later: failure to join a party

Question 170

venue is proper where…

Answer 170

judicial district in which a substantial part of the events/omissions occurred

venue (staples center) = event!

Question 171

if 2 Ps jointly sue D but they were improperly joined (because arise out of different transactions), should O file motion to sever so that Ps must bring separate lawsuits, or should D file motion to dismiss for misjoinder of parties?

Answer 171

motion to sever, because misjoinder of parties is not a ground for dismissing the action, since the court’s given wide discretion to order separate trials

Question 172

relation back doctrine. what is it? how strict?

Answer 172

amending complaint to add new claims. if OG was done under statute of limitations, newly-added claim relates back to that date (so it’s timely) if both arose from same conduct, transaction, occurrence

courts have interpreted this very NARROWLY – focusing on notice. If D reading the OG complaint would not be placed on NOTICE of the essence of what will late be claimed in the amended complaint, then no relation back

eg no relation back if OG claims no informed consent before surgery, and amended claims negligence during the surgery

Question 173

removal to fed court is not allowed if D is a citizen of the state in which the action was brought, but only in a ___ action

Answer 173

diversity (not fed issue? stay in state court..your home state..you’re fine)

but for fed Q, feds want to deal w/ it

Question 174

***___ governs the claim-preclusive effect of a dismissal w/ prejudice made by a federal court sitting in diversity

Answer 174

federal common law

so two identical class actions, one in fed law, another in state.

if fed class action is dismissed w/ prejudice, then the state court will look to FED preclusion law to determine it’s preclusive effect, since the judgment was entered in FED court

Question 175

**when may a third party intervene?

Answer 175

permissively and as of right

permissively: common Qs of law and fact, doesn’t destroy diversity (claim must exceed 75K, citizenship)

as of right: 3P’s interest would be impaired in its absence

Question 176

**Minimum contacts requires a showing of purposeful availment and foreseeability.

What’s purposeful availment?

Answer 176

The defendant must have purposefully availed himself of the privileges of conducting activities in the forum state, thus invoking the benefits and protections of its laws.

Question 177

**Minimum contacts requires a showing of purposeful availment and foreseeability.

What’s foreseeability?

Answer 177

The defendant also must know or reasonably anticipate that his activities in the forum render it foreseeable that he may be hauled into court there

Question 178

when may a court relieve a party from final judgment (post-trial)

Answer 178

for fraud, misrepresentation, or other misconduct by opposing party (eg opposing party showed evidence he was permanently paralyzed, won $5M, then founding jogging 2 months later) (order for new trial is only allowed 28 days after trial)

judge then decides whether it was fraud, or hold a hearing

Question 179

Generally, D must file a notice of removal to fed court w/in __ days after service on D of the complaint

Answer 179

30 (let’s move w/in the month)

but if a case was not initially removable, D has 30 days after the case becomes removal to file a notice of removal

but 1 year max from OG date for diversity cases

Question 180

A seeks injunction against B in state court. A wants jury trial. grant?

Answer 180

maybe, because Seventh Amendment (right to jury, which excludes injunctions) does NOT apply to the states. So state law determines whether parties have right to jury in state courts

Question 181

In fed court, cyclist brings class action re: defective design ($). Requests jury, although class actions historically were devices available only via equity. allow jury?

Answer 181

yes because the underlying claim (design - $ - jury) is the basis for an action at law - doesn’t matter that it’s being presented through class action

Question 182

if D wants to file motion for sanctions for P’s bad faith complaint, D must serve it w/ the court or opposing party?

If opposing party doesn’t withdraw or correct matter w/in __ days, then moving party can file motion w/ court or opposing party?

Answer 182

opposing party first. then 21 days, court

Question 183

**summary judgment

Answer 183

no genuine dispute as to any material fact

it’s a decision on the merits, after discovery

Question 184

for pre-answer motion to dismiss re: personal jurisdiction, can court consider affidavits?

Answer 184

yes

Question 185

does mental issue need to be put into controversy from beginning of case for there to be a mental exam?

Answer 185

no, it can be put into controversy during the case, including by the opposing party (eg psychologist saying that driver might be predisposed to rear end people and he’s done it several times before - discovered during discovery)

Question 186

does a court have discretion to deny a preliminary injunction, even when the requirements are met?

Answer 186

yes :O

Question 187

***when does appellate court use ‘de novo’?

when ‘harmless error’?

when clearly erroneous

when abuse of discretion?

Answer 187

de novo - purely legal issue

harmless error - IMPACT of erroneous evidentiary ruling

abuse of discretion - decision to allow/not allow evidence

clearly erroneous - factual issue

Question 188

an OPPOSITION to a motion for summary judgment should be supported by affidavits, declarations under oath (eg asking for more discovery and describing the desired discovery), and other materials in the record

Answer 188

don’t oppose MSJ by just saying “it should be denied because a central issue will be mfr’s credibility re: distribution, and only a jury can decide those questions” – need evidence or explain w/ a declaration that more’s needed

Question 189

**when a second court decides which jurisdiction’s *preclusion law applies, the second court will apply the preclusion law of the first or second state?

Answer 189

first

so if first court is state court in state A (and bans preclusion), and second court is fed court in state B (allows preclusion), second fed court must follow state A’s preclusion rules

Question 190

may renewed JMOL be granted if court determines that a reasonably jury didn’t have a legally sufficient evidentiary basis to find the damages that it did (only 1K, wanted 175K)?

Answer 190

yes

Question 191

does a dismissal with prejudice operate as a final judgment on the merits (thus claim preclusion)?

Answer 191

yes

Question 192

**D lost but had objected during trial to evidence that P offered towards the central issue, and D still believes (2 weeks after trial) that it was improperly admitted. Is the only option to file an appeal? Or can he motion for new trial by arguing that the evidence was mistakenly admitted?

Answer 192

File a motion for new trial: can do so w/in 28 days if party believes there was an ERROR during trial (here, admissibility), like errors re admissibility, jury instructions, juror misconduct, excessive or inadequate verdicts, or if verdict was against manifest weight of the evidence

Question 193

when D files motion for sanctions, they must..

Answer 193

make it separately from other motions, and give P the opportunity to withdraw/correct the offending document, requiring moving party to delay the sanctions motion w/ the court

Question 194

Motorcyclist loses property damage (to motorcycle) case against truck driver. Can motorcyclist then sue for personal injuries arising from that same accident? if not, due to issue preclusion or claim preclusion?

Answer 194

claim preclusion – prevents P from splitting his cause of action. When P loses a judgment, all possible grounds fro relief arising out of the same transaction or occurrence (eg property damage, personal injury damage, emotional distress, etc) are battered in future lit b/t same parties via claim preclusion

Question 195

in fed rules, could a potential defendant who might be joint and severally liable be a necessary party? eg D Corporation says surgeon committed malpractice and files motion requesting to join him

Answer 195

no not a necessary party

Question 196

Can a case be transferred from a federal court to a state court under a motion to change venue?

Answer 196

no

Question 197

if D was serviced in state X while vacationing there, but no events occurred in state X and all Ds aren’t from state X, and there are other proper venues in other states, can the case nevertheless take place in state X since D was served there?

Answer 197

no, when there ARE other districts were action could’ve been brought, then you cannot try D in a venue only because he was served there (state X vacation).

You can only do so if no other state would be proper venue (so: “proper venue where served” is only a last-case scenario where no other venue is possible)

Question 198

case 1: class action, final judgment given

case 2: man (class member), alone, bring suit against same company. can he collaterally challenge the adequacy of representation of the class members, even though that class action case is over?

Answer 198

yes :O class member will not be bound if there was inadequate representation in the first lawsuit

Question 199

is transfer permitted from an improper venue to a proper one?

Answer 199

yes, instead of dismissing the case

key is whether the venue that it’s being transferred to is one where it could’ve originally been brought (ie proper venue). just because P/D consent does NOT make it proper

Question 200

can a party make alternative and inconsistent allegations in its complaint?

Answer 200

yes, if they’re made in good faith (eg you can say you think he lied so X, or that he didn’t lie so Y - because u dont know if he lied or not, and that affects both allegations. but you can’t say u relied on D’s words, then say u did not rely on them)

Question 201

until when can interrogatories be served?

Answer 201

until the parties have conferred to arrange for initial disclosures and prepare a discovery plan

Question 202

is okay for interrogatories to ask re: opinions/contentions, even on the application of the law to facts?

Answer 202

yes okay

Question 203

if P Bank sues D Student because D didn’t make loan payments, and D files MSJ w/ affidavits of witnesses saying D did pay at a bank mtg, should bank respond w/ evidence that witnesses aren’t credible, if not risking losing the MSJ?

Answer 203

yes

Question 204

when fed court has federal question jdx over a claim, and exercises supplemental jdx over related state claim, then P withdraws the fed claim, does the case need to immediately be moved to state court?

Answer 204

no because the court may have good reason to maintain its supplemental jdx over the state law claim (but if it doesn’t, then remand to state court)

Question 205

**fed courts cannot exercise jurisdiction over __ or __ cases

Answer 205

domestic relations (eg divorce); probate proceedings (no subject matter jurisdiction)

Question 206

can a federal judge order a new trial on its own for any reason that would justify granting one on a party’s motion?

Answer 206

yes

Question 207

**is the juror’s misunderstanding of the jury instructions a ground for requesting a new trial (eg if a judge overheard jurors, after judgment, at coffee shop, saying the instructions were maddeningly unclear)

Answer 207

yes :O

Question 208

9/14

Answer 208

9/14

Question 209

AFTER final judgment’s entered, when there’s newly discovered evidence showing D should’ve definitely won (29 days later - so no new trial), what should losing D attorney do?

Answer 209

file for motion for relief from judgment

court won’t grant it if D should’ve reasonably found the evidence earlier

Question 210

**statutes of limitations and rules for tolling (pausing SOL) statutes are procedural of substantive (for Eerie)?

Answer 210

substantive (SOL = S substantive)

so federal diversity case must use the state’s statutes of limitations/tolling laws

Question 211

is a remand immediately appealable?

Answer 211

yes, it’s a final order

Question 212

what’s a default judgment?

Answer 212

a judgment, with the same effect as any other judgment, that’s entered because D didn’t oppose the case

Question 213

when can you move to strike?

Answer 213

court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter on its own or by party motion

most courts are reluctant to do so

Question 214

when can a third party intervene?

Answer 214

permissively - when 3P’s claim doesn’t destroy complete diversity + exceed 75K + common question of law/fact

Question 215

“contractor is ENTITLED to a jury if state law permits” - is this a potential correct answer?

Answer 215

yes

Question 216

how many jurors must fed court trial case have?

Answer 216

6

Question 217

**P should submit BOTH motion for new trial and, in the alternative, a motion for remitter because, under 7A, a federal court CANNOT simply disregard the jury’s damages award and lower it

Answer 217

the court must offer the hospital a choice b/t remittitur (lower damages) AND a new trial

Question 218

**if a federal trial is re: Title VII’s employment laws, it’s diversity or federal question?

Answer 218

FEDERAL question, so apply FEDERAL substantive + procedural

Question 219

***is additur allowed in federal cases?

Answer 219

NEVER if case is in federal court, even if state substantive law allows it

Question 220

**in federal diversity, do you apply federal or state remitter law?

Answer 220

state. RS: Remitter-State

Question 221

**does state’s long-arm statute apply via Eerie analysis or Federal Rules?

Answer 221

Federal Rules (the Rules themselves say long-arm statutes are applicable)

Question 222

**the preclusive effect of a federal court’s judgment is determined by…

Answer 222

FEDERAL common law, which incorporates state law.

trick: PRECLUDED from vandalizing FEDERAL buildings (which are in a state)

still has status of FEDERAL law

Question 223

**in determining whether to apply federal common law in diversity cases whose subject matter bears some relation to a federal statutes, courts will…

Answer 223

balance the fed and state interests in which law to apply.

Here, the court would likely find torts relating to a federal military base persuasive enough to apply federal common law

Question 224

appellate court MAY accept the district court’s interlocutory appeal request when the trial judge certifies that the interlocutory order….

Answer 224

(1) involves a controlling question of law, as to which there’s substantial ground for difference of opinion, and (2) immediate appeal from the order may materially advance the ultimate termination of the litigation

Question 225

**fed interpleader does NOT require..

Answer 225

no personal jdx :O
nor amount in controversy (only $500!)
only diversity b/t ‘any two’ people

VERY LOW BAR

Question 226

for motion for summary judgment, if D fails ON THE RECORD to address P’s assertion of fact, then the court may consider P’s fact as…

Answer 226

undisputed

Question 227

are repeated derogatory comments enough to order new trial?

Answer 227

yes, even if counsel didnt object to each one

Question 228

party wants to add 3P to suit, says they’re needed. if that party is found to be indispensable, must court dismiss case if they cant be joined?

Answer 228

yes

Question 229

what if court finds that 3P’s interests would be impaired but not prejudiced. must court dismiss case if they cant be joined?

Answer 229

no

Question 230

in initial disclosures (names/cell numbers etc) that come before discovery requests, who does D need to list?

Answer 230

disclose only witnesses that the party intends to use to support its claims/defenses