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Federal Civil Procedure > Final Exam > Flashcards

Final Exam Flashcards

1
Q

§1331

A

Federal Question

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2
Q

§1332

A

Diversity of citizenship

Amount in controversy ($75,000 + )

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3
Q

Federal courts have limited jurisdiction T/F

A

True

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4
Q

Federal courts also have _____ jurisdiction to hear bankruptcy, copyright issues etc.

A

Exclusive jurisdiction

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5
Q

State courts have ____ jurisdiction

A

General jurisdiction

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6
Q

The plaintiff and defendant must be diverse in citizenship at the time of the incident. T/F

A

FALSE

Diversity is measured at the date the complaint is filed

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7
Q

How do you determine the citizenship of individuals?

A

domicile test

Actual presence plus intent to remain indefinitely

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8
Q

How do you determine the citizenship of corporations?

A

Nerve test

Principle place of business and incorporation

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9
Q

What is the Strawbridge Rule?

A

Complete diversity across the “v”

P(NY), P(TX) v. D(GA), D(FL)

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10
Q

St. Paul Mercury Rule

A

COurt has the authority to dismiss the plaintiff’s case if it appears to a legal certainty that the claim is really for less than the jurisdictional amount

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11
Q

Supplemental Jurisdiction

A

Involves cases that could not be independently heard in federal court on their own due to lack of federal subject matter jurisdiction

Appended to other claims that the federal court does have subject matter jurisdiction over

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12
Q

§1367(a) Federal questions supplemental jurisdiction

A

the federal court shall have supplemental subject matter jurisdiction over all other claims that are so related to the claims in action that they form part of the same controversy

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13
Q

§1367(c) the federal court is allowed to decline to exercise supplemental jurisdiction over a law claim under §1367(a) if:

A
  1. the claim raises a novel or complex issue for State law
  2. the claim predominated the federal claim
  3. the Federal Court has dismissed all federal subject matter claims
  4. in exceptional circumstances there are compelling reasons
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14
Q

Removal

A

the defendant can remove a case from state court to federal court. Statutory right

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15
Q

When can the defendant remover?

A

if the plaintiff could have brought the case to federal court (subject matter jurisdiction)

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16
Q

Defendants must be noncitizens of the §1332 diversity case T/F

A

True

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17
Q

If there are multiple defendants one may decide to remove without the permission of the others T/F

A

False all defendants must agree

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18
Q

All defendants must be noncitizens of the states in which the action is brought and all must reside in the same state T/F

A

true

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19
Q

Motion to remand

A

the plaintiff objects to removal and remands to put the case back in state court on the basis of subject matter jurisdiction or some procedural defect

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20
Q

Erie

A

a federal court must apply state law when hearing state cases

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21
Q

Pleadings: Rule 7

A
  1. Complaint
  2. Answer to a complaint
  3. Answer to a counterclaim designed as a counterclaim
  4. Answer to a crossclaim
  5. 3rd party complaint
  6. Answer to a 3rd party complaint
  7. If the court orders, a reply to an answer
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22
Q

General rule of pleading: Rule 8

A

a. claim for relief
b. defenses for defendant
c. affirmative defense

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23
Q

Rule 11(b) Representations to the court

A
  1. Not presented for any improper purpose
  2. Warranted by existing law OR by non-frivolous argument OR establishing law
  3. Factual contention having evidentiary support OR will likely have evidentiary support after reasonable investigation
  4. Denial of factual contention are warranted at the evidence OR specifically, so identified are reasonable bases on belief or lack of info
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24
Q

Rule 11(c) Sanction

A

Safe Harbor Provision
You must notify the other party of their rule 11 violation and give them time to fix it before you can file with the court

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25
Q

Pre-Answer Motions

A

An answer that stops the clock before the actual answer if you are successful the case may be dropped

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26
Q

What are the Disfavored Objections?

A

2-5

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27
Q

When can you use a disfavored objection?

A

In the pre-answer motion or in the answer if you did not file a pre-answer motion

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28
Q

You can put disfavored objection in the answer if your pre-answer motion fails t/f

A

False. Once you put a disfavored objection in the pre-answer motion you cannot put it in the answer

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29
Q

You can put a favored objection in the answer if the answer if your pre-answer motion fails t/f

A

True but you shouldn’t unless you have new information

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30
Q

What are the favored objections?

A

1,6, and 7

31
Q

Amendments

A

allows the plaintiff or defendant to correct something in the pleading

32
Q

Relation back doctrine

A

trying to do something after the statute of limitations must relate back to when the original complaint was filed

33
Q

How will the judge evaluate whether or not to allow an amendment after the statute of limitations (Relation back doctrine)

A

is discovery open?

Nature of claims? Is it broad to specific?

34
Q

If discovery is closed and a person tried to amend their claim to go from a specific complaint to a broad one will the judge rule in their favor?

A

More likley than not no

35
Q

Discovery

A

includes

documents, witness, and things held by the other side or by non-parties

36
Q

Parties may obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense T/F

A

TRUE

37
Q

When if information that is not admissible at trial but is subject to discovery?

A

if it would lead to discovery

38
Q

Five areas of discovery

A
  1. Automatic disclosure
  2. Documents
  3. Written interrogatories
  4. Oral Depositions
  5. Physical and medical examinations
39
Q

Three Central policy exceptions for information that cannot be released

A
  1. Privileged
  2. Work Product Privilege
  3. Protective orders
40
Q

Party requesting the work product must demonstrate “substantial need” and “undue hardship” to obtain substantial equivalent of the materials T/F

A

True

41
Q

Lawyer opinion work product rule

A

the opinion-wok product of the lawyer can never be obtained

42
Q

Resolution without trial

A 
Voluntary Dismissal 
summary Judgment 
JNOV 
Judgement as a matter of law 
Directed verdict
43
Q

When is summary judgement granted?

A

before trial when there is no genuine dispute
after discovery has closed

are there two versions of legally relevant facts?

44
Q

When would a directed verdict be granted?

A

during trial if there is no evidence presented
done before the jury instruction
if the judge is wrong it will restart which trial

45
Q

When can a Judgement notwithstanding verdict be granted?

A

After trial, after the jury verdict

judge overrules the jury’s decision

46
Q

Judgment as a matter of law

A

is the court find a reasonable jury would not have legally sufficient evidence to find for the party at issue

47
Q

You can file a JNOV even if you did not make a motion for a directed verdict during trial. T/F

A

False you must motion for directed verdict to preserve your right to file for a JNOV later

48
Q

On motion court may grant a new trial on some or all the issues T/F

A

TRUE

49
Q

You must request a jury trial T/F

A

True, a jury trial is a right but it is not automatic

50
Q

Jurys will decide equity cases t/f

A

FALSE a jury does not decide an equity case, they are decided by judges

51
Q

What types of cases will jury decide?

A

anything that could have been heard by a jury in 1791 or like those. Mostly damages

52
Q

If a case is both equity and damages how is it decisded?

A

The jury goes first to decide on the facts and award the damages and then the judge will use those facts to decide on the equity portion

53
Q

What does the case of Beacon Theather deal with?

A

Jury trials

Common set of facts: jury decided first and then the judge will use those facts to determine equity

54
Q

When can an appeal be brought?

A

When there is a final decision

55
Q

The Final Judgement Rule

A

a final decision is on which ends the litigation on the merits and leaves nothing for the court to do but execte the judgement

56
Q

Exceptions to the final judgement rule

A
  1. interlocutory appeals

2. Judge can stop

57
Q

Interlocutory appeals

A

case still going but you can appeal and the case stops. It isn’t gone you can stop the case and bring the ruling by the judge to the attention of the appellant division

58
Q

When can you use an interlocutory appeal?

A

when the ruling effects your substantail right

59
Q

Joinder of claims (rule 18)

A

party asserting claim as independent alternative claims as it has against opposing party

60
Q

You can bring as many claims against the defendant even unrelated. T/F

A

True

61
Q

Joinder of claims by the plaintiff

A

a single plaintiff can join any and all claims he has against a single defendant

62
Q

Permissive Joinder of parties (rule 20)

A

the plaintiff may join in one action and assert right to relief jointly if they have common cause of action

63
Q

Compulsory counter claim

A

related to this action

you have to bring it now or you can’t bring it in a later lawsuit

64
Q

Permissive counter claim

A

unrelated you can bring it now or later

65
Q

Can you bring a permissive counter claim if you did not bring up a compulsory counter calim?

A

No you have to bring up a compulsory counter claim inorder to bring up a permissive

66
Q

Required Joinder of parties

A

if a person’s absence in the court will not allow the court to grant full relief

67
Q

If I owe the plaintiff than you owe me

A

3rd pary claims by the defendnat

68
Q

Intervention of right

A

a person has a right to lawsuit because they have a right that may be impeded or impared

they must be let in unless, the existing party already represents their interests

69
Q

Permissive Intervention

A

may permit anyone who is given a conditional right by federal statute or has a claim or defense that shares with main action a common question or law or fact

70
Q

Interpleader

A

plaintiff may assert against 3rd party defendnt any claim arising out of the transaction or occurrence that is the subject related to the plaintiff’s claim against the 3rd party plaintiff

71
Q

Class action

A

massive joiner

judge must certify

72
Q

Part 1 of the judge’s test for class actions

A
  1. Numerosity
  2. Commonality
  3. Typicality
  4. Adequacy
73
Q

Part 2 of the judge’s test for class actions

A

type of class action

  1. required joinder of parties
  2. civil action
  3. mass tort

Federal Civil Procedure (2 decks)

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