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
motion to strike
commonly used to strike affirmative defenses
removes claims that fail under the substantive law
privilege
protects info from certain sources from disclosure in discovery
*waived if not asserted
* description of the docs nature
* names of authors/recipients
*bases of the priviledge
equitable claims
to do/not do something
specific performance
often handled without a jury
legal claims
monetary damages
entitled to a jury trial
judge recusal
- financial interest
- prior involvement as a lawyer
- impartiality may be questioned
appealing decisions
- only a party who has not settled
*only if suffered an adverse outcome
*winning party can if their theory was not accepted
*must raise objections during trial, unless it is a plain error
interlocutory ruling
temporary court decisions, that do not resolve the entire case, are not appealable until a final judgment.
Interlocutory appeals
appeals of mid case decisions
permitted in circumstances in which it could be irreversible decision
*like a denial of qualified immunity
Rule 54b - multiple claims or parties ONLY
the court can issue final judgements on some issues
*court must state that there is “no just reason for delay”
*makes those decisions immediately appealable
Rule 4
*notice of publication is insufficient for parties whose names and adresses are known
*anyone 18+ and not a party can serve the summons
*a defendant can waive formal service gives them 60 days instead of 21 days
*service must be completed within 90 days after filing (or can be dismissed)
who cannot waive service
minors, incapacity
entities of the US
claim is defined by
-the underlying transaction all claims arising under that transaction that the court has jurisdiction over
-have to apply state substantive law
claim preclusion beginning sentence
Claim preclusion, also known as res judicata, bars the relitigation of claims that were or could have been raised in a prior lawsuit if certain elements are met.
relevance points
- non privi matter rele to claim/def
- broad
- admissi not required
electronically stored info that should have be preserved but was not
if found negli- “be nor greater than necessary to cure the prejudice
if found intenti- “most serious saction
when parties must confer first
- before initial discovery
- before sanctions can be imposed
to compel a medical examination
- court order
-good cause
proportionality
reasonable for the needs of the case, cannot be overbroad
(wanting all of customer complains, court ordered just to specific incidents and within 5 yrs)
unreasonable expense
- defendant created system that deleted docs after 3 days, and made info irretrievable unless with 45k
- was their own fault, their own system so must compel to retrieve
extra things ab summ judg.
- you cannot appeal simmary judgment
- two usual ways to move, pointing out absence of evi (celotex)
-or submitting evi to disprove an essential evi (tolan)
rule 55 default judgment
- if a defendant is properly served and fails to respond
- mostly for creditor suits for debt, or liens
- default judg without proper service is void
rule 60 - relief from judgment
- courts have discretion to reopen defaults allowing cases to be resolved on their meirs
demand for jury in pleadings
- party may request a jury directly within pleadings, demand must be made within 14 dats after the last pleading, if it is entitled to a jury
- mostly should be included in the initials pleadings for relief
when diversity matters for removal
jurisdictional requirements must be met at the time judgment is entered, not when when the case was removed
