MBE Civ Pro

Question 1

What are three categories of jurisdiction?

Answer 1

1) Subject-matter
2) Personal Jurisdiction
3) Venue

Question 2

Who can object to Subject matter jursidiction?

Answer 2

Lack of SMJ can be raised by any party at any time, including by:
1) A plaintiff who chose to go to the wrong court,
2) the court itself,
3) Anyone for the first time on appeal

Question 3

What is federal question jurisdiction?

Answer 3

Claims that arise under federal law

Question 4

How is federal question jurisdiction determined?

Answer 4

Plaintiff’s claim must be based on federal law

Look at the face of P’s complaint:
- only the p’s claims count for determining FedQ JX; (existence of federal defense does not matter)
- P does not need to anticipate or plead a response to a defense.

Question 5

What are the requirements for diversity JX?

Answer 5

Diversity Jurisdiction is one type of subject matter JX and the requirements are:

1) Citizens of different states (or a foreign country)
2) OVER $75K

General rule: complete diversity. Every P is separate form Every D (some P’s can be same and/or some D’s can be same)

Question 6

What are the exceptions to diversity JX

Answer 6

1) probate
2) domestic relations

Neither can be brought in federal court under diversity JX.

Question 7

When is diversity determined for diversity JX?

Answer 7

Diversity must exist when the claim is filed. Does not matter at time of action or time of trial.

Question 8

What is minimum diversity and when does it apply

Answer 8

Minumum diversity is an exception to complete diversity in which any P is diverse from any D.
It applies:
- Federal Interpleader Act,
- Class actions with at least 100 class members and more than $5mil in claims,
- Interstate mass torts with at least 75 dead in one accident.
(outside these exception general rule applies)

Question 9

How is citizenship of an individual determined?

Answer 9

State or country of domicile. Residence + intent to remain indefinitely. Can have only 1 legal domicile at a time.

A citizen of a foreign country who has been admitted to the U.S. as a permanent resident is treated as a citizen of the state where domiciled.

Question 10

What citizenship controls? (generally, class actions, exceptions)

Answer 10

Generally, it the citizenship of the representative that controls.

For class actions it is the citizenship of the named parties or represented parties that count. Unnamed parties may join without regard to citizenship.

Exceptions:
1) decedent’s estate case, citizenship of decedent controls;
2) Case involving minor or incompetent person, citizenship of that person controls.

Question 11

How is citizenship of corporations determined?

Answer 11

1) where incorporated:
2) principle place of business (HQ or nerve center)

*can have several citizenships simultaneously

Question 12

How is the citizenship of a partnership and unincorporated associations determined?

Answer 12

Citizen of every state of which its members are citizens
(must show complete diversity between P and where every member of the org is domiciled.)

*partnerships, limited partnerships, trade associations,

Question 13

what devices can create or destroy diversity?

Answer 13

Actions that create or destroy diversity are permitted so long as they are not “shams” or fraudulent.

Moving to destroy diversity is fine, so long as there is an actual move and not a “sham” move.

Assignment of a claim is also permitted so long as it is real (for value), complete, and not collusive.
*partial assignment for debt collection does not affect citizenship

Question 14

What is the amount in controversy (AIC) requirement in diversity case?

Answer 14

1) must exceed $75K
2) Any good faith allegation will suffice.
*only when it appears to a legal certainty that the AIC will not be met will the court dismiss the case for lack of AIC.

Question 15

When can AIC be aggregated to achieve $75K

Answer 15

One P and one D. P can combine all claims to reach the threshold. (even if claims are unrelated)

Question 16

When can AIC not be aggregated to reach $75K?

Answer 16

1) One P v. two (or more)D. Claims against each D must be over $75K.
*If joint and several liablity then all Ds will be treated as one single D.

2) two (or more) P v. one D. Each P must be seeking over $75k from D.

Question 17

What is removal?

Answer 17

Removal moves a case from state court to federal court.

(transfer moves case from one federal district to another)

(There is no procedure to move a case from federal court to state court.)

Question 18

What is the general rule fo removal?

Answer 18

1) removal is only proper if the case could have been brought originally in federal court.
2) Only Defendants can remove. (All defendants must consent to removal within 30 days of service.)
3)Ask: if the P would have brought case in Federal court would federal court have had subject matter jurisdiction?

Question 19

What is the well-pleaded complaint rule?

Answer 19

Federal question JX hinges on whether the federal question appears on a the face of a well-pleaded complaint.

Question 20

When can a Defendant remove a case to federal court for federal question JX?

Answer 20

1) still hinges on P’s well-pleaded complaint. If P’s claim is based on state law, D can’t remove to Fed C.

Question 21

When can D remove a case to federal C for diversity cases?

Answer 21

1) there is complete diversity,
2)Amount in controversy exceeds $75K,
3) the action is brought in a state in which no D is a citizen.

*there is a one year limit of removal unless P acted in bad-faith.

Question 22

What are the procedures for removal?

Answer 22

A notice of removal is filed in federal court, with a copy to state court.

When the state receives the notice, the state’s JX drops instantly and automatically.

Question 23

What if D files for an improper removal?

Answer 23

P can file a petition in federal court for remand, and then the federal court will hold a hearing and make a decision.

If removal improper, remand is granted, and case goes back to state court.

Question 24

What is the basic rule in supplemental jurisdiction?

Answer 24

Allows a federal court with subject-matter jurisdiction over a case to hear additional claims over which the court would not independently have jurisdiction if all the claims constitute the same case or controversy. (arise out the some common nucleus of operative fact) (All claims arise out of the same transaction or occurence.)

Allows, but does not require court to expand jurisdiction. At court’s discretion.

Question 25

What is required to achieve supplemental jurisdiction in federal question subject matter JX?

Answer 25

Only that claims arise out of the same transaction or occurence.

Question 26

When are supplemental jursidiction claims by plaintiffs in diversity jurisdiction not allowed?

Answer 26

1) Plaintiffs agains person made party to the under rules 14,19,20, or 24
2) parties seeking to intervene as plaintiffs under rule 24; or
3) claims by parties proposed to be joined as plaintiffs under rule 19.

*Supplemental claims by a plaintiff are only allowed if they are brought against a single defendant and no other rule is involved in making the defendant to the party

Question 27

What is a compulsive counterclaim and does it have to meet diversity AIC requirements? (In diversity JX)

Answer 27

A compulsory counterclaim is one that arises out the same transaction or occurrence as the opposing party’s claim. Compulsory counterclaims brought by defendant’s (usually the case) does not have to meet diversity AIC requirements. Compulsory counterclaims by additional plaintiffs do.

Question 28

What is a permissive counterclaim and when can it be heard in diversity JX?

Answer 28

A permissive counterclaim is one that does not arise out the same transaction or occurrence as the main claim. It can only be heard by a federal diversity court Only if it independently satisfied diversity JX.

Question 29

What is a cross-claim and when can it be asserted in diversity JX?

Answer 29

A claim by a co-party agains another member of the party ( P v. P, or D v. D) is a cross claim.

Must be related (arise out the transaction or occcurance)

To qualify for supplemental jurisdiction it must be related to a claim over which the court has subject matter jusrisdiction, and;

Must not be asserted by a plaintiff agains a person made party under rules 14,19,20, 24.

Question 30

What about multiple plaintiffs and a single defendant in diversity JX?

Answer 30

If the claim is one diverse plaintiff against a single defendant satisfies the jurisdictional amount, other diverse plaintiffs who have additional claims against the defendant can also be heard even if their claims do not satisfy the AIC minimum.

Question 31

How do you determine personal jurisdicition?

Answer 31

1) Has the basis for exercising PJ over and out-of-state defendant been obtained by statute or by rule of the court?

2)Is the particular basis for exercising personal jurisdiction permitted by the due process clause of the Const?

PJ can we waived if contesting PJ is not raised at the first opportunity.

Question 32

What are the three types of personal jursidiction?

Answer 32

1)In personum
2) In Rem
3) Quasi In Rem

Question 33

How do you determine if in personam jx is met?

Answer 33

Due process required minimum contact between the defendant and the forum state.

Ask: Are there sufficient contacts between the defendant and the forum so that it would be consistent with TRADITIONAL NOTIONS OF FIAR PLAY AND SUBSTANTIAL JUSTICE to sue D there.

Question 34

What are the two types of In personam JX?

Answer 34

1) General: P can assert any claim whatsover, even if it is unrelated to the D’s contacts with the forum state.

2) Specific: Claims must arise out of the D’s contact with state.

Question 35

What is the basis for General In Personam JX?

Answer 35

1) Served while in state (except brought to state by force or fraud, or only to answer summons)
2) Domicile (Corporation domicile for this is “at home”. State of incorporation or principle place of business.
3) Consent: express or implied. (appointing an agent to receive process or by contract.)

Question 36

What is specific In pesonam jurisdiction and how is it established?

Answer 36

Defendant must have sufficient minimum contacts with the forum such that the exercise of jurisdiction is fair.

State Long Arm Statutes giver courts in peronam JX over out-of-state D, but Only for the particular transactions involving the sate.

Question 37

What are three federal excepts in which federal courts do not need to rely on long-arm statutes to have JX of out of state D?

Answer 37

1) Federal Interpleader Act :”statutory interpleader”: Authorized nation wide service of process. Multiple parties seeking adjudication over single piece of property.

2) Bulge provision: allows service anywhere within 100 miles of federal courthouse. Used for Impleading third-party D under rule 14, and joining necessary parties under rule 19.

3) Unusual provision: When P is suing under federal law put D has no state that has jurisdiction over D. As long as D has minimum contacts with the US as a whole.

Question 38

What is In-Rem JX?

Answer 38

Suit agains a piece of property. Court must have control over the property, so must be in state where property is located.

Question 39

What is Quasi In-Rem

Answer 39

Not likely on bar.

Traditionally suing property with contacts to get at a D.

now it’s the same minimum contacts rule

Question 40

What is the Constutional test for good service?

Answer 40

“must be reasonable under the circumstances.

Question 41

What is the relationship between Fed rules of service and State?

Answer 41

Federal rules of service always work, any State rules will also work in addition to the federal rules.

Question 42

What are the 4 federal service rules?

Answer 42

1) In hand personal delivery;
2) Leaving a summons at the D’s dwelling or usual place of abode with a person of suitable age and discretion;
3) Delivery of the summons to an authorized agent;
4) For persons in foreign countries, service can be made by registered mail, return receipt requested.

Question 43

How do you serve a minor?

Answer 43

Must complete service on minor and guardian

Question 44

How do you serve an incompetent person?

Answer 44

Must complete service on incompetent and guardian.

Question 45

How can you serve a partnership?

Answer 45

Service on:
- a general partner
- an attorney in fact, or
- an authorized agent.

Question 46

How can you server a corporation?

Answer 46

Service on:
- Officer
- director
- managing agent
- agent appointed for receiving service of process

Question 47

How are non-resident motorists often served?

Answer 47

Generally, service can be made on a state official who forwards a copy to the out-of-state defendant. (state law, not federal)

Question 48

What is standards for service in In Rem and Quasi In rem aCtions?

Answer 48

Must make a diligent effort to locate all claimants to the property and serve them personally

If the claimants cannot be located, then notice by publication is permitted.

Question 49

Can a D waive service? How and why do so?

Answer 49

D’s have a duty to avoid unnecessary expense of serving the summons by waiving service. P can notify D by first class mail of action and D has 30 days to responds - 60 outside US. (D has 60/90 days to respond if waives).

D is also responsible for cost of service so will save money if waive.

Question 50

What are the rules to determine venue?

Answer 50

1) where any defendant resides, so long as ALL defendants reside in the same state; or

2) where a “substantial part of the events or omissions” on which the claim is based occurred or where a “substantial party of the property” that is subject of the action is located.

*If neither of the above (rare) then any JX where D is subject to personal JX has venue.

Question 51

How is residence determined for venue?

Answer 51

Individuals: residence means domicile

Business entities: every district in which personal JX exsists.

Question 52

Does a district court have venue if case removed from state court, but district would not otherwise have venue?

Answer 52

Yes. for a case that began in state court and removed to federal court, venue is automatically proper in the district where state court sits, even if the district woulnd not have been proper originally.

Question 53

What is the general rule of transfer and the exception regarding venue?

Answer 53

Transfer is only allowed to a district with proper venue.

Exception: transfer to a district without proper venue may occur when ALL parties agree.

1) A case brought in a district with proper venue may be transferred for convenience to another district with proper venue.

2) A case brought in a district court without proper venue may be:
i - dismissed, or;
ii - transferred to a district with proper venue.

Question 54

What is the conflict of law when transferring venue?

Answer 54

1) If suit brought with proper venue then “take the law with you”

2) If suit brought with no proper venue, law of the district with proper venue (the second court)

Question 55

What is the erie doctrine?

Answer 55

In a diversity case, a federal court will apply state substantive law

Question 56

what are four things that have been determined to be substantive law?

Answer 56

1) what must be done to prove a case and what defenses may be asserted
2) Statute of limitations on state cause of actions,
3) The burdens of proof on state claims and defenses; and
4) State rules on claims

Question 57

What is Hanna v. Plumer:

Answer 57

Federal Rules of Civ Pro are procedural and for the purposes of eerie will apply

Question 58

What if there is no federal statute or rule on point?

Answer 58

Courts aim to avoid forum shopping and unequal administration of justice.

If the choice of law is outcome determinative, then courts usually apply state law to prevent forum shopping.

Jury is always controlled by federal law

Question 59

How do federal courts determine applicable state law?

Answer 59

1) Follow precedent from State’s highest court
2) If no precedent, predict state court ruling
3) Give respectful attention to the decisions of lower state courts, but not bound by them.

Question 60

What is a pleading and what are the three types?

Answer 60

A pleading is a complaint filed with the court clerk to commence proceedings. The three types are:

1) Complaint
- states a claim of relief
- includes cross-claim complaints agains co-party
2) Answer
- response to complaint - may include counter-claim
3) Reply
- Plaintiff’s answer to counter-claim

Question 61

What three items must be included in a complaint?

Answer 61

1) short and plain statement of court’s subject matter jurisdiction
2) short and plain statement showing claimant is entitled to relief; and
3) claim for relief sought by the pleader (you get what you prove, not what you ask for)

Notice Pleading: all that is required is a clear and concise statement of the claim showing that pleader is entitled to relief.

Question 62

What two types of pleadings require particularity/specificity/detail?

Answer 62

1)Fraud or mistake
2) claims for special damages (lost business, etc)

Question 63

What are 4 types of defense motions against a complaint?

Answer 63

1) motion to dismiss
2) Motion for judgment on the pleadings (when parties agree on facts but the law is indispute)
3) Motion for more definite statement (asks that pleading be made more specific)
4) Motion to strike (to strike prejudicial material that is NOT relevant to case at hand)(or used by P to strike an invalid defense)

Question 64

What are 6 issues that can be raised in a motion to dismiss?

Answer 64

1) Lack of SMJ (cannot be waived)
2) Lack of PJ (Made at earliest opportunity, pre-answer motion to dismiss or the answer)
3) Improper venue(Made at earliest opportunity, pre-answer motion to dismiss or the answer)
4) Failure to state a claim for which relieve can be granted
5) Failure to join a necessary party
6) forum non conveniens.

Question 65

What happens if there is no answer to a complaint?

Answer 65

Failure to respond is an admission

Admissions are binding in the action unless cured by amendment
(“boilerplate” denial of everything not specifically admitted commonly used)

Question 66

What can amendments to pleadings be made?

Answer 66

1) As of right: Once with 21 days of service or 21 days of D’s response.

2) By leave of court: freely granted unless judge has valid reason to deny.

Question 67

What is the doctrine of relation back?

Answer 67

Key date for tolling statute of limitations will occur at original pleading rather than amendment if the amendment concerns the same conduct, transaction, or occurrence as the original pleading. (Did proper defendant have notice?)

Question 68

When can plaintiffs use permissive joinder?

Answer 68

Any number of plaintiffs my join if:
i) they assert claims arising out of the same transaction or occurrence, and;
ii) there is a common question of law and fact.

*(Diversity cases) No party can be joined whose presence would destroy complete diversity, if joinder rules otherwise satisfied

Question 69

When can defendants use permissive joinder

Answer 69

Any number of defendants my join if:
i) they assert claims arising out of the same transaction or occurrence, and;
ii) there is a common question of law and fact.

*(Diversity cases) No party can be joined whose presence would destroy complete diversity, if joinder rules otherwise satisfied

Question 70

When is compulsory joinder of parties?

Answer 70

1) Is bringing party necessary for a just adjudication?
2) Is it feasible: it is feasiable if will not deprive the court of SMJ and the court can assert personal JX over necessary party.
3) Proceed without party, or throw out case.

Question 71

What is joinder requirement in diversity and fed q?

Answer 71

All claims can be joined (need not be related)

In diversity jx, P can aggregate all claims to exceed minimum AIC requirement.

In federal question if diversity is lacking for additional state-law claims, then those claims can only be joined if they are covered by supplemental jurisdiction (must arise from same transaction or occurrence as original claim)

Question 72

What are the joinder requirements for compulsory counterclaims?

Answer 72

Supplementary JX will usually be available for compulsory counter-claims. If there is SMJ for the main claim, there is SMJ over a compulsory counterclaim

Diversity: If counterclaim is raised by D then it is not barred by any of the plaintiff’s diversity supplemental jurisdiction exclusions.

Statute of Limitations: filing the original complaints tolls the SOL for the original claim and for any compulsory counterclaims.

Question 73

What are joinder requirements for permissive counter claims?

Answer 73

• may be plead no or later.
  -requires independent JX basis and meet fed q or meet full diversity requirements.

Question 74

What are cross claim joinder requirements?

Answer 74

Cross claims are never compulsory and must arise out the same transaction or occurrence as original claim. Must perform independent supplemental JX analysis.

Question 75

What is an impleader?

Answer 75

Impleader is an device use by the defendant to bring in an additional defendant who my share in the liability.
- indemnification contracts, or
-joint tortfeasors

Diversity cases: falls under subject matter JX (citizenship and AIC don’t matter but his is only for D claims against the third-party, not Plaintiff claims).

Plaintiff cannot make a claim against third-party defendant unless complete diversity is met.

Question 76

What are 4 prerequisites for class action?

Answer 76

1) Numerosity (too many parties to be joined conventionally)
2)common question of law or fact
3)typicallity of claims by class reps; and
4) Adequacy of representation.

*Dismissal or settlement requires judicial approval

Question 77

What is the class action fairness act of 2005

Answer 77

Allows large class actions that involve at least 100 members and claims over $5mil. (only minimal diversity is required).

Question 78

What are the three states of disovery?

Answer 78

Initial disclosure

Disclosure of expert witnesses

pretrial disclosures

Question 79

What are the 4 required initial disclosures?

Answer 79

1) Names and addressess of persons with potentially discoverable information
2) Copies and descriptions of relevant documents or things
3) Computation of damages claimed; and
4) Applicable insurance agreements

Question 80

What is required disclosure for expert witnessess?

Answer 80

1) Names of expert witnesses who will be called at trial

2)Qualifications, publications, opinions, information on which they will base their opinions, other cases in which they have testified, and compensation.

Question 81

What is due for pretrial disclosure and when is it due?

Answer 81

A list of witnesses and exhibits is due 30 days before trial.
Objections must be made 14 days after disclsoure or are waived unless excused for good cause.

Question 82

What is the general rule for scope of discovery?

Answer 82

General rule is relevance. You can discover anything that might be admissible at trial or lead to something that might be admissible at trial. (not limited to admissibility).

Question 83

What do judges way in deciding if discovery is relevant?

Answer 83

Proportionality

Courts consider the importance of the issues, amount at stake, parties’ resources and access to information, value of discovery in the case, and, most importantly, whther the BURDER or EXPENSE of discovery outweighs the BENEFIT.

Question 84

What are two exceptions to discovery?

Answer 84

Evidentiary privilege

Work-product rule

Question 85

What are the three elements of the work-product rule?

Answer 85

1) A document or thing (not the underlying info)
2) prepared in anticipation of litigation or for trial
3) By or for another party or that party’s representation.

Question 86

What are the two elements required to overcome work-product?

Answer 86

1) real need
2) can’t get elsewhere

Question 87

What are the six discovery devives

Answer 87

1) oral depositions
2) Written depositions
3) interrogatories
4) Discovery and inspection of documents and land
5) physical and mental examination
6) Requests for admissions

Question 88

What is the framework for oral depositions?

Answer 88

• questions asked and answered orally and under oath
• limited to 10, unless approved by court
• limit of each to one 7hr day, unless court approval
• any kind of notice to a party; not party requires subpoena
  -Subpoena duce tecum to request respondent bring specific items/papers
  -serve subpoena to organization - they choose who shows up
  -taken anytime after mandatory disclsoures
  -may be taken before notary public who is not otherwise disqualified

Question 89

What is the framework for interrogatories

Answer 89

questions asked and answeredd under oath in writing
may only be used against another party
-presumptive limit of 25 interrogatories, unless court allows more
-responses required within 30 days
-may respond by producing business records if it answers the questions the burden of the deriving the answer from the record is substantially the same for the party serving the interrogatories as for responding party.

Question 90

What is the framework for discovery and inspection of documents and land?

Answer 90

• called a request to produce and permit inspection
• applies only to documents, things, and land under control of a party
• request must describe item with particularity
• response due within 30 days

Question 91

What is the framework for request for admissions?

Answer 91

-used to streamline litigation
-failure to respond within 30 days is an admission (failure to respond may be rule 11 violation)
-Admissions are only binding in current litigation, and can’t be used adversely against party in future litigations.

Question 92

How are depositions used at trial?

Answer 92

-Depo of adverse party is admissible as an admission of party opponent
-Depo of mere witness can be used to impeach that witness
- Depo of witness who does not testify can be used if dead, beyond subpoena power, or otherwise unavailable. (more than 100 miles from the place of trial).

Question 93

What are three cases the court can grant immediate discovery violation sanctions?

Answer 93

1)Failure to attend one’s own depo
2)Failure to respond to interrogatories.
3) Failure to respond to a request for documents or things.

Question 94

What will the court do if electronically stored info (ESI) is lost or destroyed?

Answer 94

Normally ESI should be preserved

It lost through unreasonable conduct of party, the court may order measures to cure the prejudice to the other party.

If material was destroyed with intent to prejudice the other party, the court may instruct the jury to presume the information was unfavorable, or even order the end of litigation.

Question 95

What are the 5 devices for terminating a case before trial?

Answer 95

1)Judgment on the pleadings
2) Default judgment (D didn’t show up)
3) Voluntary dismissal
4) Involuntary dismissal
5)Summary judgment

Question 96

What is the framework for voluntary dismissal?

Answer 96

-P has a right to a voluntary dismissal once at anytime prior tot he defendant serving an answer or motion for summary judgment.
-D’s motion to dismiss (lack of JX or venue) does not cut off P’s right to voluntary dismissal.
-After that (or if P already dismissed once) P must seek leave of court for dismissal without prejudice.
-P will have to pay costs if filing same action against same D again later.

Question 97

What is the framework for involuntary dismissal?

Answer 97

-typically with prejudice
- without prejudice if involuntary dismissal for lack of jx, improper venue, or failure to join necessary party
- dismissal with prejudice bars future litigation
-standard for appellate review is abuse of discrection

Question 98

What cause of actions have a right to jury trial, versus those that dont?

Answer 98

Equity issues = no right to jury. Injuntion, specific performance, admiralty issus.

Damages have right to jury trial.

When legan and equity issues overlap the legal issues adjudicate first.

Question 99

What is the standard for Motion for judgment as matter of law

Answer 99

Viewing the evidence in the light most favorable to the non-moving party, the evidence cannot support a verdict for that party, and the moving party is thus entitled to judgement as a matter of law.

(rule 50: judge must find insufficient evidence for a jury to reasonably find for the non-moving party)

Made by D at end of P’s case or either party at close of evidence

Question 100

What is a renewed motion for judgment as a matter of law?

Answer 100

Same as a judgment as a matter law but must be submitted within 28 days of the jury returning a verdict.

Not eligible to submit if there was no submission of a motion for judgement as a matter of law

Question 101

What are grounds for a new trial

Answer 101

Motion for new trial must be submitted within 28 days of return of verdict.

Granted at discrection of the court for:
-legal errors
-newly discovered evidence
-prejudicial misconduct
-verdict agains weight of evidence in substance or damages.

Review:
-question of law is de novo review: (all issues from scratch)
-other grounds are abuse of discretion.

Question 102

What is a remittitur?

Answer 102

if court determines verdict damages were too excessive it will give P a choice of reduction of damages of new trial.

Question 103

When does a judgment become final? When is notice of appeal due?

Answer 103

`When entered by the clerk on the court’s docket (not when announced)

notice of appeal is due in the trial court within 30 days. (timely post-judgment motions will toll the 30-day limit).

Question 104

What are two types of interlocutory orders?

Answer 104

1) immediately appealable: injunction, change or affect possession of property
-class actions certifying or refusing to certify a class action.

2) discretionary: Issue involves controlling question of law with substantial grounds for difference of opinion; and
immediate appeal may materially advance termination of the litigation.

Both trial court and appellate courts must agree to allow the appeal.

then appellate court must agree to accept the appeal.

Question 105

What is a writ of mandamus?

Answer 105

Immediate appellate review for an order that is an abuse of authority

Question 106

What is the standard of review for questions of law?

Answer 106

De Novo:
-did the trial court make an error?
-was the error prejudicial?

Question 107

What is the standard of review for finding of fact?

Answer 107

Jury verdicts must be affirmed if supported by substantial evidence.

Judge’s findings of fact must be affirmed unless they are clearly erroneous.

Question 108

What is the standard of review for matters of discrection?

Answer 108

Abuse of discretion
any reasonable decision will be uhpheld.

Question 109

What is full faith and credit

Answer 109

Courts int he U.S, both state and federal, must give full faith and credit to judgments rendered by courts of other states, provided that the rendering court had JX.

Court is allowed to view JX at present when making the review.

Question 110

What are the two doctrines of preclusion?

Answer 110

Claim preclusion

Issue preclusion

Ask two questions in this order:
1) is the claim in the second suit precluded by the prior adjudication? If yes, inquiry ends.
2) If not, are there any issues in the second suit precluded by the prior adjudication?

Question 111

What is the rule of claim preclusion?

Answer 111

• A final judgment on the merits of a claim bars re-litigation of that claim by the same parties or their successors in interest.
• precludes re-litigation of every claim that was raised or should have been raised in the first suit.

Question 112

What is the three requirements of claim preclusions

Answer 112

1. there must have been a final judgement on the merits in the first suit;
2. The second suit must be between the same parties or their successor in interest; and
3. the second suit must involve the same claim or cause of action.

*includes default judgements, dismissal with prejudice, etc.
** Bar claims that could have been brought in the first case but were not (or new legal theories, etc.)