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Question 1

subject matter jurisdiction

Answer 1

federal question jurisdiction

OR

diversity jurisdiction

Question 2

federal question jurisdiction

Answer 2

complaint alleges a claim that arises under federal law

well-pleaded complaint rule = federal question must be presented on the face of the π’s complaint

Question 3

diversity jurisdiction

Answer 3

complete diversity = every citizen on the π’s side must be different than EVERY citizenship represented on the ∆’s side

AND

the amount in controversy exceeds $75,000
- one πcan aggregate all claims for total amount
- multiple π = each has to meet the amount

Question 4

citizenship

Answer 4

individuals = state or country of domicile

corporations = state of incorporation AND principal place of business

unincorporated = every state of which its members are citizens

class action = citizenship of named π

Question 5

supplemental jurisdiction

Answer 5

allows a federal court with valid smj to hear additional claims over which they would not independently have smj jurisdiction

all claims constitute the same case or controversy = arise out of the same nucleus of operative facts

Question 6

supplemental jurisdiction under federal question cases

Answer 6

state law claim can be heard

if arises out of the same transaction or occurance

Question 7

supplemental jurisdiction under diversity cases

Answer 7

compulsory counterclaims = allowed

permissive counterclaims = only allowed if it independently satisfy diversity jurisdiction

cross-claims = if it arises out of the same transaction or occurrence as the og claim

Question 8

compulsory counterclaim

Answer 8

counterclaim that arises out of the same transaction or occurrence as the original claim filed

∆ cannot sue on this matter later

Question 9

permissive counterclaims

Answer 9

counterclaim that DOES NOT arise out of the same transaction or occurrence

basically unrelated

Question 10

cross-claim

Answer 10

πagainst πOR ∆against ∆

Question 11

removal

Answer 11

allows ∆to move a case from state court to federal court

brought within 30 days (cannot happen after 1 year)

if federal question then if a well-pleaded complaint rule satisfied

if diversity then complete diversity + over $75,000 + no ∆is a citizen of the state

Question 12

what is needed to bring a case in federal court

Answer 12

subject matter jurisdiction

+

personal jurisdiction

Question 13

ways to achieve person jurisdiction

Answer 13

(1) domicile

(2) physical presence (not fraud or force)

(3) consent

(4) waiver (substantially participate)

(5) long arm statute

Question 14

long arm statute

Answer 14

allows states to exercise personal jurisdiction over non-resident ∆

minimum contact between ∆and forum state

(1) general OR specific jurisdiction

(2) does not offend the traditional notions of fair play and substantial justice

Question 15

general jurisdiction

Answer 15

under long-arm statute

present when the ∆ is essentially “at home” in the forum state

∆ can be sued on any claim

Question 16

specific jurisdiction

Answer 16

under long-arm statue

gives courts jurisdiction based on ∆’s specific contact with the state
- purposefully availed himself AND
- knew or should reasonably have anticipated

Question 17

stream of commerce

Answer 17

under personal jurisidiction

places product in the stream of commerce in the forum state

Question 18

internet cases

Answer 18

under specific jurisdiction

passive websites = typically insufficient

active websites = used to online commerce = essentially “at home”

Question 19

service of process in the US

Answer 19

within 90 days & any nonparty over 18

• delivering to individual directly
• leaving copy at dwelling with someone of suitable age
• copy to agent

Question 20

service of process to individuals in a foreign country

Answer 20

within 90 days

• delivering to individual directly
• mail with signed receipt
• as court orders

Question 21

service of process to corporations

Answer 21

within 90 days

delivering copy to an
- officer
- agent
- manager
- any other authorized by appointment

Question 22

venue

Answer 22

judicial district in which a lawsuit may be filed or commenced

(1) any ∆resides, IF ALL ∆ reside in the same state

(2) a substantial part of the event occurred or property OR

(3) if 1 and 2 are not available, any district where ∆is subject to personal jurisdiction

Question 23

residence for venue

Answer 23

individual = where domiciled

business entities = where they are subject to personal jurisdiction

foreign entities = any judicial district

Question 24

change of venue for proper venue

Answer 24

for the convenience of the parties or witnesses to any court where the case COULD HAVE BEEN OG FILED

if diversity case = apply choice of law from OG court

if federal question = federal law as interpreted by the new court

Question 25

change of venue for improper venue

Answer 25

court MUST (1) dismiss the case OR (2) transfer the case where it could have been filed if diversity case = apply choice of law of the state where it is located if federal question = federal law as interpreted by the new court

Question 26

abstention

Answer 26

federal court may abstain from hearing a case of a pending matter in state court to "avoid intruding upon the powers of the state court"

Question 27

preliminary injunction

Answer 27

temp court order that preserves the status quo until a case is decided (1) prohibitory injunction = prohibits or restrains a party from engaging in a specific behavior (2) mandatory injunction = requires the ∆ to engage in an affirmative act

Question 28

preliminary injunction/TRO granted content requirements

Answer 28

(1) reason why it was issued (2) terms specifically (3) describe in reasonable detail the acts restrained or required

Question 29

preliminary injunction/TRO requirements

Answer 29

- suffer irreparable harm - suffer greater harm than the ∆  - likely to succeed on merits AND - best interest of the public

Question 30

notice for preliminary injunction

Answer 30

non-moving party MUST be given notice and an opportunity to oppose at a hearing

Question 31

temporary restraining order

Answer 31

before preliminary injunction preserved the status quo until a hearing on the application on the preliminary injunction cannot last more than 14 days

Question 32

notice for temporary restraining order

Answer 32

court may issue without written or oral notice to the non-moving party IF - immediate and irreparable harm - attorney certifies in writing efforts were made

Question 33

complaint requirements

Answer 33

first pleading, starts a lawsuit (1) grounds for subject matter jurisdiction (2) a short statement of the claims (3) a demand for relief

Question 34

pre-answer motions

Answer 34

∆ MAY file a pre-answer motion to respond to the answer - lack of subject matter jurisdiction - lack of personal jurisdiction - improper venue - insufficient service of process - failure to state a claim upon which relief can be granted - failure to join an indispensable party under compulsory joinder

Question 35

answer

Answer 35

14 days after pre-answer motion OR 21 days after complaint deny or admit allegations (failure to deny is an admission) raise any affirmative defenses

Question 36

reply

Answer 36

π response to ∆'s answers within 21 days of answer

Question 37

amendment to a pleading

Answer 37

by right = once within 21 days by leave of court = when justice so requires

Question 38

relation back doctrine

Answer 38

related to an amendment to a pleading (1) new claims or defense = will relate back to the original date of the pleading if it arose out of the same transaction or occurrence (2) new party = arouse out of the same transaction or occurance + new party recieves notice within 90 days + knew or should have known action would be brought

Question 39

compulsory joinder

Answer 39

indispensable parties π must join an absent party or face dismissal if: (1) court has personal jurisdiction over the party (2) would not destroy subject matter jurisdiction AND (3) relief cannot be afforded without party

Question 40

permissive joinder

Answer 40

parties MAY join if: (1) arises out of the same transaction or occurrence AND (2) question of fact or law common to all parties

Question 41

interpleader

Answer 41

allows π or ∆ to initiate a lawsuit to compel two or more parties to resolve a dispute ex. when there are multiple claims to one thing like life insurance or property

Question 42

intervention

Answer 42

allows a 3rd party to join as a right = without them it would impair their ability to protect their interest in property or transaction permissive = common interest in law or fact AND must be supported by its own jurisdictional grounds

Question 43

requirements for a class action

Answer 43

(1) so numerous that joinder of all parties is impracticable (2) common question of law or fact (3) names parties' interest are typical of the class AND (4) named parties will adequately represent the class

Question 44

pretrial conferences rule 26(f)

Answer 44

parties can confer if its practical to: (1) consider their claims, defenses, settlement, disclosures AND (2) submit a proposed discovery plan to the court

Question 45

initial disclosures

Answer 45

14 days after rule 26(f) conference (1) names, addresses, and number of individuals likely to have discoverable information (2) copies of documents including insurance info (3) computation of damages

Question 46

scope of discovery

Answer 46

relevant + proportional limitations - privileged - unreasonably cumulative - can obtain in less expensive or time-consuming way

Question 47

depositions

Answer 47

any party or nonparty witness limited to 10 total limited to one 7 hour day

Question 48

interrogatories

Answer 48

only parties 25 limit relevant and proportional answers and objections within 30 days

Question 49

duty to preserve relevant evidence

Answer 49

when it is reasonably anticipated that an action will be filed, parties have a duty to preserve

Question 50

attorney work product doctrine

Answer 50

protects material prepared by attorney or team in anticipation of or during litigation attorneys conclusions, opinions, strategy, and research NEVER discoverable

Question 51

sanctions

Answer 51

failure to appear or participate in good faith in pretrial conference failure to participate in the framing of a discovery plan failure to preserve electronically stored information

Question 52

rule 11(b)

Answer 52

- attn signature on papers served - swearing everything is the truth - give attorney opportunity to correct before sanctions - 21 days

Question 53

rule 12(b) motion to dismiss

Answer 53

pretrial motion - lack of subject matter jurisdiction - lack of personal jurisdiction - improper venue - insufficient service of process - failure to state a claim upon which relief can be granted - failure to join an indispensable party under compulsory joinder

Question 54

motion for summary judgment

Answer 54

pretrial motions any time until 30 days after the close of discovery (based on schedule) when viewing the evidence in the light most favorable to the moving party (1) no dispute of material facts (2) entitled to judgement as a matter of law partial motion can be granted not appealable

Question 55

motion for judgement as a matter of law (JMOL)

Answer 55

trial motion after the closing of the nonmoving party or after the close of all evidence when viewing the evidence in the light most favorable to the nonmoving party, the court finds that a reasonable jury would not have a legally sufficient basis to find for the nonmoving party

Question 56

motion for new trial

Answer 56

- error made at trial - newly discovered evidence that would alter the outcome - prejudicial misconduct of counsel, party, judge, or juror - verdict that is against the clear weight of the evidence - verdict based on false evidence that a new trial is necessary - verdict is excessive or inadequate

Question 57

remittitur

Answer 57

allows a judge to reduce the amount of damages awarded by a jury if they are excessive

Question 58

res judicata = claim preclusion

Answer 58

prevents a party from re-litigating a claim after a court has issued a final judgment identical claims are barred (1) valid final judgement on the merits (2) sufficiently identical = same transaction or occurrence (3) same parties

Question 59

collateral estoppel = issue preclusion

Answer 59

bars re-litigation of issues of facts or law (1) issue sought must be the same (2) actually litigated (3) valid final judgement on the merits (4) issue was an essential to prior judgement

Question 60

mandamus review

Answer 60

court of appeals can review an order that is abuse of judicial authority

Question 61

general v specific jurisdiction

Answer 61

used to show sufficient minimum contacts for long arm statute specific = lawsuit arise out of or relate to the ∆'s contact with the forum state general = ∆ is essentially at home in the state

Question 62

erie doctrine

Answer 62

state substantive law and federal procedural law when resolving disputes that do not involve federal question

Question 63

final judgment rule

Answer 63

appeals only allowed after final judgement exceptions: - injunctions - certification of district court - class action certifications - appointment of receiver - admiralty case - bankruptcy cases - patent infringement - mandamus

Question 64

interlocutory order

Answer 64

matter that relates to some intermediate matter in the case any order other than the final order not immediately appealable ex. motion to dismiss, lack of subject matter,