final af Flashcards
Venue
- District where the defendant resides, district where any defendant resides (if multi must be from the same state)
- Where Substantial events occurred (only events that directly give rise to the claim)
- where subject to personal jurisdiction
supplemental jurisdiction
*same case or controversy
*common nucleus of operative fact
*cannot defeat diversity
*court has discretion
Forum Non Conveins
- Adequate (some $, or no corrupt)
- Balancing Test
*private- access to evi
*public- case local? - Plaintiffs Choice
(court must jurisdiction, court has discretion)
Pleadings
- a party may plead multiple theories
short & plain statement
1. states courts jurisdiction
2. entitled to relief
3. demand for relief
amendments (relation back)
21 day east amendment
cant be bad faith or it death knell
**must be from the same conduct, transaction, occurrence
-usually favored as long as it does not prejudice the other side, by introducing new issues or delaying the case
Federal Rule 9
- Circumstance (greater specificity/particularity)
- Malice (general)
- Intent (general)
MIC
Relevance
*understood broadly
*allows discovery of any non-privieged matter relevant to any partys claim or defense
initial discovery
- names of witnesses that will support claim or defense
- documents inteded to use as evi
- damages/insurance
work product doctrine
- define relevance,
- only in anticipation of litigation,
- mental impressions are never discoverable
- it is a qualified privilege (not auto required)
- a balance of relevant info and the need to protect work product of attorneys
- ** typically not discoverable
- Substantial need
- without undue hardship (no burden)
summary judgment
- before trial
- moving party burden to show no genuine issue of material fact
- if shown, burden shifts
- court credits admissiable evi from nonmovant
- no reasonable jury could find
JMOL
- during trial but before jury
- insufficient evi
- evi viewed in favor of non
- no reasonable jury, one verdict possi
Rule 50 a/b
JMOL first motion rule 50a
if not granted and then jury finds opposing can motion rule 50b but can only renew arguments
Rule 59
- flawed verdict
- flawed procedure
**verdict is against the great weight of evi
claim (transaction preclusion
sweeps broadly
1. Same claim
2. same parties or privity
3. valid final judgment (court has juris)
4. on the merits
Issue Preclusion- collateral estoppel
- Same Issue (of fact or law)
- Actually litigated and determined
- Valid judgment
- Determination essential to the judgment
- Adequate opportunity
federal rule 11
*ONLY FOR PLEADINGS requires attorneys to ensure pleadings, motions, are legally justified, not meritless
must be filed separately
1. opposing party serves
2. safe harbor of 21 days
3. if not action, file with the court