Federal

Question 1

3 types of SoR for appals

Answer 1

De Novo, clearly erroneous, abuse of discretion

Question 2

De Novo standard

Answer 2

On rulings and conclusion of law

Question 3

Clearly Erroneous standard

Answer 3

Deferential standard and applies to findings of fact

Question 4

Abuse of Discretion standard

Answer 4

HIGHLY deferential standard, applies to determinations of trial judge like discovery

Question 5

Collateral Order Doctrine

Answer 5

Doctrine allowing appeals of an interlocutory order (not a final judgment) so long as those rulings conclusively decide an issue separate from the merits of the case and would be effectively unreviewable after final judgment.

Question 6

Interlocutory Appeals

Answer 6

If it denies or grants a preliminary injunction, it is immediately appealable

Question 7

Certification

Answer 7

Controlling law where substantial ground for difference of opinion.

Question 8

Scope of Discovery - Federal

Answer 8

relevant to a claim or defense of a party, not subject to privilege, not be so cumbersome or expensive to produce that its value outweighed by expense. Information is discoverable so long as it is reasonably calculated to lead to admissible evidence

Question 9

Limit to discovery Qs -

Answer 9

25 interrogatories federal, 50 in state.

Question 10

Mandatory Discovery - federal

Answer 10

1) Identify location, name, addy of anyone w/discoverable information 2) copy or description of all documents including electronic sources that can be used by that party to support its claim or defense 3) damages how how they were computed 4) information regarding insurance covery the claims

Question 11

NOT Mandatory Disclosure for discovery - Fed

Answer 11

Experts unless going to be used

Question 12

Rule on Experts - Federal

Answer 12

1) Disclose if going to use them - within 90 days from trial 2) Written report to include expert’s opinion, what he used, any exhibits, qualifications, and publications from last 10 years, and previous trials testified in.

Question 13

Personal Jurisdiction reach

Answer 13

Federal court can reach as far as state court can

Question 14

How to get In Personam - Federal

Answer 14

Relationship with the state (domiciled, tag jurisdiction), where there is consent or waiver (express, implied consent, waiver of defense), or based on contacts

Question 15

Federal In Personam Jurisdiction - Contacts

Answer 15

1) General Jurisdiction: where the contacts are so continuous and systematic that you can be sued in that state no matter where cause of action arose. 2) Specific Jurisdiction: long arm statute which must be constitutional. a) minimum contacts: if just one contact is related to the cause of action, and that caused harm in the forum state, AND that contact was purposeful (purposeful availment of the benefits of forum state). b) fair play and substantial justice to give or take away jurisdiction.

Question 16

Federal In Rem Jurisdiction

Answer 16

Court asserting jurisdiction over something. Court must seize it unless it is too big or intangible

Question 17

Quasi In Rem - Federal

Answer 17

Gaining jurisdiction over a person through their property which has no relation to the cause of action. This is constitutional only when Defendant would be subject to minimum contacts

Question 18

Subject Matter Jurisdiction - generally

Answer 18

Can the federal court hear it? Federal Question 1331. Diversity: 1332. Supplemental: 1367

Question 19

Federal SMJ - Fed Question

Answer 19

1331 - does the cause of action arise under federal law or Constitution. Is it really through a federal law or the well pleaded complaint rule, or if state law cause of action turns on the federal law

Question 20

Federal SMJ - - Diversity

Answer 20

1332 - Over $75k, and complete diversity required: no citizen on either side of the v in the same state. Can have multiple claims on same defendant, not multiple P on 1 defendant.

Question 21

Federal SMJ - Supplemental

Answer 21

1367 - multiple claims on defendant and some can’t survive in federal court on their own. Step 1: same case or controversy? If not, then no supplemental. If yes, then Step 2: is the sole basis for jurisdiction in diversity? If no, then federal question exists and okay. If yes, then P is using supplemental to get around amount in controversy for complete diversity req (regarding THAT CLAIM) and no supplemental jurisdiction is permitted. Even if Supp Juris exists, court NOT required to hear it.

Question 22

Personal Jurisdiction - federal - Corporate citizenship

Answer 22

Corps domiciled where incorporated and also where they have principle state of business.

Question 23

Personal Jurisdiction - Federal - domicile

Answer 23

Where the person last resides with intent to remain indefinitely

Question 24

Pleading - federal - requirements

Answer 24

BD Jr

must have 1) Claim for relief 2) statement of claim of jurisdiction 3) short and plain statement regarding basis for claim (must plead specific facts for a plausible claim), and 4) demands for relief.

Question 25

Federal - threshold defenses

Answer 25

12b2-5 if not made in motion to dismiss prior to answer, or in the answer, then lose them.

Question 26

12b1-7

Answer 26

1) lack of SMJ 2) lack of PJ 3) improper venue 4) insufficient process 5) insufficient service of process 6) failure to state a claim upon which relief can be granted 7) failure to join a party under 19

Question 27

Federal Rule 11

Answer 27

1) not being presented for improper purpose (like harass, delay, or cause unnecessary expense) 2) claims or defenses or other legal contentions are warranted by existing law or nonfriv argument to change existing law 3) factual contentions have evidentiary support, or will have it upon further investigation 4) denials of factual are warranted on the evidence or based on belief, or lack of info

Question 28

Joinder - federal

Answer 28

Rule 19 - can include as many claims on Def whether related or not, but must have basis for fed court in each one. Doens’t require it, but be more than just efficient/convenient. Key is prejudice to absent party - which likely to occur if equitable relief is sought.

Can do so in order to ensure proper relief. Or if failure to join would impair interest, or be liable for greater obligations

Question 29

Interpleader - federal rule

Answer 29

Where stakeholder is permitted to join multiple parties. Can lack common origin Or Plaintiff can deny liability to the other parties. Defendants can interplead through cross/counter claims.

Question 30

Interpleader - statutory federal

Answer 30

Stakeholder can join all adverse claimants, with minimal diversity: $500 amount minimum and nationwide service of process. Venue is proper where ANY claimant resides.

Question 31

Removal

Answer 31

Where it goes from state TO federal. 1) If based on federal question: okay to remove. 2) if could have been brought in federal based only on diversity: will NOT be removed if Defendant is in located in the state where case brought originally (home state rule) 3) All defendants must agree to removal 4) 30 days to remove after service, or after amends and adds a federal question. 5) If diversity occurs during case, can’t be removed if pending for more than one year

Question 32

Remand

Answer 32

Will only remand if removed improperly

Question 33

Habeus corpus

Answer 33

will be heard if Reason for confinement is defective: through due process under 4th amendment, 5th amendment, double jeopardy, and cruel and usual punishment.

Question 34

Proper Venue - Federal

Answer 34

1) in a district ANY defendant resides if all Def in same state 2) in any dist. where substantial part of events giving rise to the claim occurred 3) if diversity and no other district to bring it, wherever any Def is located 4) if Fed question: where any Def can be found 5) if Aliens - any district

Question 35

Venue Transfer - Federal

Answer 35

For convenience of the parties and interest of justice and could have been brought in other district. Law of original forum follows if properly filed. Burden on Defendant

Question 36

Forum Non Conviens - federal

Answer 36

If there is a substantially better forum and the current forum causes a serious inconvenience, result is DISMISSAL and not transfer

Question 37

Erie Doctrine

Answer 37

If the court sits in diversity or supplemental jurisdiction AND different from way state court and federal court would handle things. Is the difference in substantive or procedural law? 1) If clearly substantive - look @ fed statute. If no statute, then look at what state court would do - it applies substantive state law. 2) if covered by FRCP, then it’s procedural and use FRCP even if it changes result 3) If procedural not covered by FRCP statute, or CONX provision, then balance the interest.

Question 38

Affirmative Defenses - Fed

Answer 38

AFRAID:

accord and satisfaction, fraud, res judicata, assumption of risk, illegality, duress etc etc

Question 39

Federal Depo Rule

Answer 39

Absent party consent/court order

1) only 10 depos allowed
2) none may span more than a day
3) none can last more than 7 hours.