mini-review Flashcards
SMJ
1) circuit courts: general jurisdiction, unless exclusive elsewhere
2) appellate courts: only FINAL orders can be appealed
x/c: (a) injunctions, (b) partial final orders, (c) significant orders or (d) certified questions
3) SC: MUST review any order declaring any statute UNCONSTITUTIONAL
PJ
1) Illinois law: (statutory authorized)
(a) consent or
(b) presence or
(c) long-arm statute (LIMIT)
2) constitutional: minimum sufficient contacts that would be fairness
(a) purposeful availment and
(b) targeted consumers
service of process
1) personal service
2) abode: 13 year old, household member, informed and mailed to abode
3) waiver: not just 30 but 60 days to respond
entities: person service or waiver on
1) authorized agent or
2) qualified agent
PUBLICATION (RAMP)
1) real property
2) affidavit
3) mailed
4) published (once a week for at least 3 consecutive weeks)
venue
general rule: where
1) any D resides OR
2) any part of claim arose
x/c: GRAIL
1) government
2) real property
3) absent
4) IL insurance Co.
5) libel
change venue: affidavits, fearing prejudice (b4 substantial issue resolved)
forum non conveniens: conditional, discretionary, dismissal, Gross-inconvenience
pleadings
GR: liberal fact
amendments
relation back of claims: sameness (transaction and occurrence)
- relation back of parties: sameness (transaction and occurrence) + KNOWLEDGE of mistake w/i service of process time of reasonable diligence
joinder
1) impleader: 3rd parties: claims for “all or part”
2) interpleader: 4: common fund + rival claimants
3) intervention: (as a right, permissive)
(a) right: interest adversely affect or
(b) permissive: discretion + commonality
class actions (NAACP)
(a) numerousity
(b) adequacy
(c) appropriateness
(d) commonality
(e) predominance
discovery
(a) methods (5)
1) automatic prompt disclosure: for 50k or less
2) limited discovery depositions
3) pretrial witness interrogatories at trial
4) requests to admit: admitted unless denied w/i 28 days
5) duty to supplement
(b) work product (SCOPE)
(1) attorney’s mental impressions: NEVER unless impossible
(2) all other kinds: always discover able
x/c expert consultants
motions
1) substitute judges: 1 as a right, b4 substantial issue resolved
2) P’s voluntary dismissal: 1 as a right, B4 trial or counter-claims + 1 year to file
3) D’s 2-615 ATTACKS: pre answer facial defects
4) D’s 2-619 DISMISSAL: affirmative matter defeating claims (outside complaint)
5) Summary judgment: no geninue issue of material fact
6) directed verdict: evidence so overwhelmingly favors
7) JNOV: evidence so overwhelming favored- past tense
8) new trial: discretionary
(a) trial errors
(b) verdict against weight
(9) vacate default: w/i 30 days and liberally granted for good cause shown
10) relief from judgment: b/w 30 days and 2 years
MEND
(a) Merit, (b) Equity, (c) New facts, (d) Due Diligence
finality
parties are bared from re litigating claims or issues which they have already been fully and fairly ligated and final judgment on the merits
