MCQ Questions Flashcards
When is diversity jurisdiction determined?
At the time the suit is filed
When can a federal court create federal common law?
1) federal or constitutional interests are at stake
2) Congress has inadequately addressed the situation concerned
3) application of individual state laws in various jxdns would create unacceptable levels of diversity or uncertainty
When are interlocutory orders for injunctive relief not appealable?
If a similar suit is pending in state court
How many days must a written demand for trial by jury be served after service of the last relevant pleading?
Within 14 days after service of the last relevant pleading (failure to do so leads to waiver)
What happens if a federal statute does not provide a federal remedy for a violation?
Then there is no federal jurisdiction
What is the doctrine of claim preclusion?
Prevents relitigation of a claim or all claims:
1) between same parties and those who are in privity with them
2) arising out of the same transaction or occurrence
3) that were determined on the merits by a court with proper SMJ and PJ
What is the federal rule for juries rendering a verdict?
All jurors must participate in the verdict unless they are excused
What is issue preclsuion?
Prevents relitigation of issues that were fully and fairly litigated
Courts will base their determination on the following:
1) whether P in the second suit could have easily joined in the first action
2) Whether there are procedural opportunities available to the D in the second suit that were unavailable in the earlier action
3) Whether the D had incentive to litigate issue in the first action
Explain the timeliness of objections to jury charges
Objections have to be made both:
1) before closing arguments and
2) before instructions are read to the injury
What does the Erie Doctrine State?
That a federal court hearing a state law claim in a case based on diversity or supplemental jurisdiction must apply the substantive law of the state in which the court sits
State law applies if law that deals with substantive rights and federal courts will use federal procedural rules
When does the erie doctrine apply?
When:
1) the court has subject matter jurisdiction over a case based on diversity or supplemental jurisdiction
2) state law that would apply conflicts with federal rule, statute, doctrine, or procedure at issue
When is summary judgment appropriate?
When the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
What must a plaintiff produce when a defendant makes a motion for summary judgment?
A plaintiff must produce evidence in support of each element of the cause of action (can’t rely on bare allegations in the complaint)
Is a dismissal for failure to prosecute a dismissal with or without prejudice?
With prejudice (unless the dismissal order states otherwise)
When does a defendant waive an affirmative defense?
If he does not raise it in his first responsive pleading
How many jurors must a jury start and end with?
A jury must begin with at least six members and no more than 12 jurors
Under the traditional rules of pleading, what must a pleading that states a claim for relief must contain?
Must contain a short and plain statement of:
1) grounds upon which court’s jxdn rests
2) statement of a claim (which if true would entitle claimant to relief; and
3) demand of relief
A short and plain statement of the facts must include sufficient factual matter to state a plausible claim (under Bell Twombly)
What are the three categories that a lawyer may ask the court to excuse any juror for cause?
1) general disqualification (e..g felony conviction or other inherent disqualification)
2)implied bias
3) actual bias
Where is venue proper?
1) district in which any defendant resides (if each of the Ds reside in the same state); or
2) district where substantial portion of the events occurred
When MUST the court join a party?
1) in party’s absence, court cannot grant complete relief amongst existing parties; OR
2) party claims an interest relating to the subject of action and an adjudication without the party may:
a) in party’s absence, court cannot grant complete relief among existing parties; or
b. leave an existing party subject to substantial risk of incurring double, multiple, or otherwise inconsistent obligations
When can the court entertain a renewed motion for a judgment as a matter of law?
Court can entertain renewed motion for judgment as a matter of law if a JMOL was made during trial
When will a court dismiss a claim under Rule 12(b)(6)?
If the complaint:
1) fails to state a cognizable claim
2) provides insufficient fats in support of the claim; or
3) contains an allegation that negates one or more elements of the cause of action
Is a case deemed to be dismissed on the merits if it is dismissed because of a failure to join an indispensable party?
No. Court’s decision to dismiss is not deemed to be on the merits (thus, having no res judicata effect)
What is required under Fed Rule 30(b) for parties who want to depose a person by oral questions?
Must give reasonable written notice to every other party
Each party is entitled to attend any deposition and ask questions on cross examination
What must fraud claims include?
Fraud claims must be stated with specificity - when alleging fraud or mistake, party must state with particularity the circumstances constituting the fraud or mistake
What is res judicata or claim preclusion?
It prevents the relitigation of claims that have already been resolved in a prior lawsuit. The key elements are:
1) same parties or those in privity (must be same or closely related to parties in the first lawsuit)
2) same claim or cause of action (arise out of same transaction or occurrence)
3) final judgment on the merits
What is the seventh amendment and under what categories does it not guarantee a right to a jury trial?
7th amendment guarantees the right to jury trial in certain civil cases.
Does not guarantee right to jury trial in cases seeking equitable relief
When must a party demand a jury trial?
Within 14 days after service of last pleading directed to triable issue
In what cases will federal courts typically not exercise jurisdiction?
Probate and family law matters
When may a plaintiff voluntarily dismiss an action and how?
By filing a notice of dismissal at any time prior to service of an adverse party’s answer or motion for summary judgment
Can a person still have the right to a jury trial if the case is being removed to federal court?
Yes, if the party has expressly demanded a jury trial in accordance with state law prior to the case being removed (doesn’t need to be renewed)
What is a motion for additur and can they be brought in federal court?
A motion to increase the amount of damages and no because they are unconstitutional
What is forum non conveniens?
Allows a court to decline jurisdiction and dismiss a case when there is a more appropriate and convenient forum available to hear the case
At what time can a party move for summary judgment?
A party may move for summary judgment at any time until 30 days after the close of all discovery
What are the three standards of review on appeal?
1) clearly erroneous (used to review factual findings)
2) abuse of discretion (applies to reviewed of discretionary rulings by the trial judge)
3) de novo (applying to all conclusions of law)
What fields of law is federal common law confined to?
1) maritime law
2) foreign relations
3) commercial rights and liabilities of the federal government
4) property rights and liabilities of the federal government
What is an interlocutory order and can it be appealed?
Temporary or provisional court order issued during the litigation
When must a notice of removal be filed?
Within 30 days of service of initial pleading (but when new defendant added, defendant has another 30 days to remove the action even where the other defendants did not originally file a notice of removal)
When is an interpleader appropriate?
When a stakeholder faces the risk of multiple liabilities because two or more parties are making adverse claims to the same property or funds (inconsistent claims going after the same thing - like a piece of property)
When can attorney work product be discoverable?
If they are otherwise discoverable under Rule 26(b)(1) and the party shows both a substantial need to prepare for the case and cannot, without undue hardship, obtain substantial equivalent elsewhere
What elements do courts consider in determining whether a right to a jury trial exists?
1) Whether the claim more closely resembles an action in law or in equity
2) whether the remedy sought is legal or equitable in nature
When are judgments as a matter of law made?
After the non-moving party has presented its case
Explain the power that trial courts have to sanction under Rule 11
When an attorney presents legal theories that are not warranted by existing law or a non-frivolous argument for the reversal, extension or modification of existing law without regard to whether any party files a motion
Court must first enter an order to show cause (giving the attorney an opportunity to be heard)
May the court, on its own motion, try an issue with an advisory jury?
Yes, in an action not triable by right by a jury, court (on its motion or its own) may try any issue with an advisory jury.
When will findings of fact be set aside?
If they are clearly erroneous
