Federal Civil Procedure

Question 1

Statutory Limits on PJ: 5 Situations Where PJ Exists

Answer 1

1) D is present in forum state and personally served
2) D is domiciled in forum state
3) D is a US citizen
4) D consents to jurisdiction
5) D is within state’s long arm statute

Question 2

Constitutional Limits on PJ

Answer 2

Sufficient Nexus with Forum State
1) Minimum Contacts
- Purposeful availment
- Foreseeability
2) Relatedness of claim to D’s contact
- General jurisdiction: D must be “at home”
3) Fairness
- Does claim arise from D’s contact with state?
- Convenience
- Forum state’s interest in litigating claim
Notice
1) Reasonable method used to notify D of pending lawsuit

Question 3

Diversity Jurisdiction Requirements

Answer 3

1) Complete Diversity

2) Amount in Controversy exceeding $75,000

Question 4

Citizenship of Parties

Answer 4

Individual: where domiciled
Corporation: where incorporated or principal place of business
Partnership: each state where member is citizen

Question 5

Supplemental Jurisdiction Test

Answer 5

Must arise from a “common nucleus of operative fact” as to claim that invoked original federal SMJ and are such that a P “would ordinarily be expected to try them all in one judicial proceeding””

Question 6

3 Situations Where Supplemental Jurisdiction Is Not Allowed

Answer 6

1) By P against impleaded parties, compulsorily or permissively joined parties, or intervening parties
2) By persons who are to be compulsorily or permissively joined as P’s
3) By persons seeking to intervene as P’s

Question 7

Amount in Controversy

Answer 7

Must be in excess of $75,000 excluding costs and interests

Question 8

Erie Doctrine: Issues That are Always Substantive

Answer 8

1) SOL’s
2) Tolling of SOL’s
3) Choice of Law Rules
4) Elements of Claim or Defense

Question 9

3 Tests Applied Under Erie

Answer 9

1) Outcome determinative test
2) Balance of interest test
3) Forum shopping deterrence

Question 10

Where is Venue Proper?

Answer 10

1) Any district where D resides, if all D’s reside in same state
2) Any district where a substantial part of the events or omissions that give rise to the claim occurred

If neither:
3) Any district where any D is subject to PJ

Question 11

Transfer

Answer 11

If Venue is Proper:
- Can transfer for the convenience of parties or witnesses to any district where it could have originally been filed (apply law of transferor court)

If Venue is Improper:
- Court must dismiss or transfer in “the interests of justice”
(Transfer is usually more appropriate, apply law of transferee court)

Question 12

2 Requirements for Removal

Answer 12

1) Case could have originally been filed in federal court

2) When based on diversity, no D can be a citizen of state where action is filed

Question 13

Timing of Removal

Answer 13

Must be within 30 days of when D receives copy of initial pleading, but (for diversity cases) not more than one year after it was brought in state court (if case later becomes removable)

Question 14

How is Service Made?

Answer 14

By someone 18 or older through:

1) Personal service
2) Service at D’s usual place of abode
3) Service upon authorized agent
4) Waiver

Question 15

Preliminary Injunctions Conditions

Answer 15

Sought to preserve status quo

1) P will suffer irreparable harm if not granted
2) Harm to P outweighs harm to D
3) P shows he is likely to be successful on merits
4) Public interest favors granting injunction

Question 16

Temporary Restraining Order Conditions

Answer 16

Sought to preserve status quo until preliminary injunction hearing (14 days)

1) Moving party (MP) states specific facts in an affidavit or verified complain of irreparable injury if TRO is not granted
2) MP certifies in writing the efforts she made to notify the adverse party and reasons why notice should not be required
3) MP provides security interest to pay for damages incurred by adverse party if court later finds out he was wrongfully restrained

Question 17

Complaint Requirements

Answer 17

1) Grounds for federal jurisdiction
2) Short statement of claim showing that P is entitled to relief
3) A demand for judgment for relief

Question 18

Rule 12 Motions

Answer 18

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 an indispensable party

1) can be raised any time
2-5) in first motion or answer
6-7) any time before or during trial

Question 19

3 Other Pre-Answer Motions

Answer 19

Motion to Dismiss
Motion for More Definite Statement
Motion to Strike

Question 20

Answer Requirements

Answer 20

1) Must contain a specific denial or admission for each averment in complaint
2) Any affirmative defenses

Question 21

Compulsory Counterclaim Test

Answer 21

Must arise out of the same transaction or occurrence

Question 22

Rule 11 Certifications

Answer 22

1) Paper is not presented for improper purpose
2) Non-frivoulous: Legal contentions are warranted by existing law or establishment of new law
3) Contentions likely to have evidentiary support
4) Denials of factual contentions are warranted on evidence or reasonably based on a lack of information

Question 23

Should an Absentee Party be Joined?

Answer 23

1) Complete relief cannot be accorded in party’s absence
2) Absentee has such an interest in subject matter that absence will impair or impede his ability to protect interest or create a substantial risk of incurring multiple or inconsistent obligations

Question 24

Class Action Rule 23 Requirements

Answer 24

1) Class is numerous that joinder is impracticable (numerous class)
2) Common questions of law or fact (common questions)
3) Named parties’ interests are typical of class (typicality)
4) Named parties can adequately represent the interest of members (fair and adequate representation)
5) One of the following situations is present:
- Risk of inconsistent results or impairment of interests of unnamed parties
- Injunctive or declaratory relief is appropriate for class as a whole
- Common questions of law or fact predominate over individual issues and a class action is superior to alternate methods of adjudication

Question 25

Notice to Class Action Must State:

Answer 25

1) Nature of action
2) Definition of class
3) Class claims, issues, or defenses
4) Binding effect of class judgment

Question 26

Interpleader Generally

Answer 26

Suit that requires adverse claimants to determine which has a valid claim to the state

Question 27

Two Types of Interpleaders

Answer 27

Rule 22:

• Complete diversity between stakeholder and claimants and AIC of more than $75,000, or
• Federal question claim

Statutory 1335:
- One claimant must be diverse from one another and AIC is only $500

Question 28

Intervention Generally

Answer 28

Third party seeks to join suit where his claim have a common question of law or fact

Question 29

3 Types of Disclosures for Discovery

Answer 29

1) Initial disclosures
2) Disclosure of expert testimony
3) Pretrial disclosures

Question 30

Initial Disclosure Requirements

Answer 30

1) Identities of persons who have discoverable information that you may use to support your claims or defenses
2) Documents and things that you may use to support your claims or defenses
3) Computation of monetary relief
4) Insurance coverage

Question 31

Expert Testimony Disclosure Requirements

Answer 31

1) Opinion expert witness will express
2) Bases for the opinions
3) Facts used to form the opinions
4) Expert witness’s qualifications
5) How much expert witness is being paid

Question 32

Pretrial Disclosure Requirements

Answer 32

Must give detailed information about trial evidence, including identity of witnesses to testify and documents to be introduced at trial

Question 33

Scope of Discovery

Answer 33

Any nonprivileged information relevant to party’s claim or defenses and is proportional to the needs of the case

Question 34

Summary Judgment Requirements

Answer 34

1) No genuine issue of material fact

2) MP is entitled to judgment as a matter of law

Question 35

Judgment as a Matter of Law

Answer 35

Court must find that a reasonable jury would not have a legally sufficient basis to find for nonmoving party

Question 36

Renewed Judgment as a Matter of Law Timing

Answer 36

Must be within 28 days after judgment

Question 37

Motion for New Trial

Answer 37

May be for an error during trial, or because verdict is against the weight of the evidence

Question 38

Motion to Amend Final Order

Answer 38

1) New evidence has been discovered that was not previously available
2) Intervening change in controlling law
3) Need to correct a clear error or law or fact
4) Need to prevent injustice

Question 39

Claim Preclusion

Answer 39

1) Both cases were brought by the same Claimant against the same Defendant
2 )The original case ended in a valid final judgment on the merits
- A judgment is on the merits unless it is based on: Jurisdiction, Venue, or Indispensable parties
3) Both cases asserted the same claim
- Majority view: A claim for any right to relief is the same if it arises from the same transaction or occurrence

Question 40

Issue Preclusion

Answer 40

1) Original case ended in a valid, final judgment on the merits
2) The same issue was actually litigated and determined in the original case
3) That issue was essential to the judgment in the original case (the finding on this issue is the basis for the judgment)