final review

Question 1

what is the rule re: impleaded parties and supplemental jurisdiction?

Answer 1

if it’s just D1 vs D2, it’s okay to have Supplemental Juris. However, if it’s P1 vs. D2, and the case’s SMJ is diversity, supplemental jurisdiction DN exist.

Question 2

when does the “Defendant CN remove if they’re a citizen of the state where the case is pending” apply?

Answer 2

only for diversity cases, NOT FQJ

Question 3

when a D attempts to remove a cse from state court to federal, state court _______ have had SMJ.

Answer 3

need not

Question 4

what are the time limits for removal?

Answer 4

• case may removed within 30 days after case becomes removable
• case CN be removed after one year tho

Question 5

how long does a TRO last?

Answer 5

14 days

Question 6

how many days = time to file jury demand after last pleading directed to the jury triable issue is served?

Answer 6

14 days

Question 7

time to appeal class certification or denial?

Answer 7

14 days

Question 8

time after service of complaint to answer the complaint or file a rule 12 motion?

Answer 8

21 days

Question 9

time to amend pleading as a matter of course after its service or fter responsivle pleading or motion is served

Answer 9

21 days

Question 10

time after judgmenet to filea renewed mtoin for JMOL or motion for a new trial?

Answer 10

28 days

Question 11

time for inittial removal, remand, or appal?

Answer 11

30 days

Question 12

time to answer the complaint or file a 12(b) motion if D WAIVED SERVICE OF PROCESS?

Answer 12

60 days

Question 13

time limit for service of process from filing?

Answer 13

90 days

Question 14

default judgment:
1. entry of default
2. entry of default judgment
(rule 55)

Answer 14

(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.
(b) Entering a Default Judgment.
(1) By the Clerk. If the plaintiff’s claim is for a sum certain or a sum that can be made certain by computation, the clerk—on the plaintiff’s request, with an affidavit showing the amount due—must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.
(2) By the Court. In all other cases, the party must apply to the court for a default judgment. A default judgment may be entered against a minor or incompetent person only if represented by a general guardian, conservator, or other like fiduciary who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals—preserving any federal statutory right to a jury trial—when, to enter or effectuate judgment, it needs to:

• ** in other words:
• entry of default done by clerk if defending party fails to respond
• entry of default judgment done by clerk if there is a sum certain, no notice req’d
• entry of default judgment done by court if no sum certain, 7 days of notice is req’d

Question 15

when may the court enter a final judgment as to fewer than all the claims or parties and have it be cosnidered a final judgment and thus appealable?

Answer 15

only on an express determination that there is no just reason for delay and an entry of judgment

Question 16

what standard of review is used on matters of law?

Answer 16

de novo, examples include: JMOL

Question 17

what standard of review is used on questions of fact?

Answer 17

clearly erroneous

Question 18

what standard is used on discretionary matters?

Answer 18

abuse of discretion: motion for a new trial

Question 19

standard of review for mixed questions of law and fact:

Answer 19

de novo

Question 20

what are the steps to determining whether a party is truly indispensable re: joinder?

Answer 20

1. should the party be joined? i.e., can complete relief be accorded among the parties? (for tort cases, usually joint and several liability is available, so don’t need all of the involved parties/not all involved parties are “necessary/indispensable”)
2. the absent party has such an interest in the suit that his absence would prevent him from protecting his interest or the existing parties will be at risk of incurring multiple obligations

Question 21

re: summary judgment, what is the effect of affidavits? what if the opposing party presents no evidence besides the pleadings?

Answer 21

affidavits are considered in a motion for summary judgment, affidavits back up those contentions. contentions that are not supported by affidavit will be defeated by contentions that ARE supported by affidavit; if an opposing party presents no evidence besides pleadings they will not defeat a MSJ.

Question 22

re: civil claims, which issues may receive a jury trial? which must if requested? what if a party objects?

Answer 22

both equitable and legal claims can receive a jury trial, but if one party objects, only legal claims must have a jury trial, legal claims do not

Question 23

is a dismissal for a lack of prosecution a judgment on the merits?

Answer 23

yes

Question 24

what is needed for claim preclusion?

Answer 24

1. valid, final judgment on the merits
2. same claimant and same defendant (in each’s particular role)
3. same cause of action

Question 25

what is needed for issue preclusion to apply?

Answer 25

1. needs to have been actually litigated; and
2. essential to the first judgment

in the case with the negligent(?) driver vs. other car, and the driver is found to be negligent, the passenger in the driver’s car can port the finding of the driver’s negligence over into her own case

Question 26

when do judgments become enforceable?

Answer 26

absent a court order, judgments become enforceable 30 days after entry, unless it is an injunction or receivership

Question 27

costs when a motion to produce documents is not complied w/ by the other party?

Answer 27

If the passenger’s attorney has attempted in good faith to resolve the dispute, the court must order the bus company to produce the report and to pay the passenger’s reasonable costs in making the motion, including attorney’s fees. Costs will be awarded unless: (i) the movant filed the motion before attempting in good faith to obtain disclosure or discovery without court action; (ii) the opposing party’s nondisclosure, response, or objection was substantially justified; or (iii) other circumstances exist that make an award of expenses unjustified. [Fed R. Civ. P. 37(a)]