General Civ Pro Flashcards
What does Issue Preclusion do?
Stops person who was a party to an earlier case from relitigating an issue resolved in case 1.
Requirements for Issue Preclusion
(1) Case 1 ended in valid, final judgment on the merits;
(2) Issue is identical;
(3) Issue was actually litigated and determined;
(3) Issue was essential in case 1.
What happens if a non-party to an earlier action wants to assert issue preclusion in a later case?
Courts will decide if it would be unfair or inequitable.
Rule 12(b)
What does it pertain to?
What are the defenses?
Defenses asserted in motion to dismiss or in the answer.
Defenses:
(1) Lack of SMJ
(2) Lack of PJ
(3) Improper Venue
(4) Improper Process
(5) Improper Service of Process
(6) Failure to state a claim
(7) Failure to join indispensible party
Constitutional PJ Test
Sufficient minimum contacts such that asserting personal jurisdiction would not offend traditional notions of fair play and substantial justice.
(1) Contact
- Purposeful availment
- Forseeability of getting sued in forum
(2) Relateness (Notice) Between Contact and Claim
- General – any matter (individual–citizen; corp.–citizen or so systematic and continuous that essentially at home)
- Specific – just for this matter
(3) Fairness (Specific Only)
- Burden/covenience for defendant and witnesses
- State’s interest
- Plaintiff’s interest
Requirements to Assert Claim Preclusion
(1) Judgment 1 was valid, final judgment on the merits;
(2) same plaintiff v. same defendant;
(3) same claim or cause of action in both;
(4) claim or COA was actually litigated or could have been
What does claim preclusion do?
When a plaintiff sued a defendant in suit 1, it prevents a new suit on any matter deemed to have been part of hte same claim as suit 1.
Collateral Order Doctrine
To get a decision reviewed on appeal before findal judgment, appellant must show:
- Court has made final decision as to the particular matter
- Matter is separate from merits of underlying claim
- Too important for it not to be reviewed and
- Deferring appear would prevemnt effective reiew
Process Must be Served When in Federal Court?
Within 90 days of filing complaint.
Requirements for Raising Lack of PJ as a Defense
CA v. Federal
Calfornia: Must be raised by (1) motion to quash service of summons or (2) motion to set aside default
Federal: (1) Motion to dismiss or (2) Answer
Requirement for Raising Defense of Insufficient Service of Process
CA v. Federal
CA: Raised by motion to quash service of summons or motion to set aside defaul.
Fed: raised by motion to dismiss or answer
Requirement for Rasing Defense for failure to state a claim (or to pleasd sufficient facts to constitute a COA)
CA v. Fed
CA: raised by general demurrer or motion for judgment on the pleadings
Fed: Raised in rule 12(b) motion (motion to dismiss) or in answer
Jury Demand Requirements Cal v. Fed
Cal: Must be made when case is set for trial or within 5 days of notice setting case for trial.
Fed: Must be made within 14 days of filing a pleading (or answer) giving rise to right to jury.
