MISSED PQs (Civ Pro)

Question 1

What is the Final Judgment Rule?

What are the exceptions to it?

Answer 1

Final Judgment Rule = normally, a party can’t appeal until the court has issued its final judgment

“final judgment” is one which resolves the merits of a dispute, leaving nothing but enforcement

EXCEPTIONS: “_I_n _C_ertain _C_ircumstances, _A_n _A_ppeal _C_an _B_e _M_ade _P_rematurely”

• Injunction (grant/denial)
• Certification by district court
• Class Action certification
• Appointment of receiver
  
  • *Receiver = court appoints a receiver to protect property controlled by a person sued in a court case
• Admiralty cases
• Collateral-Order Exception
• Bankruptcy cases (certain orders)
• M**andamus [**Petition]
  
  • *Petition for Writ of Mandamus = party asking an Appellate Court to direct a District Court to DO / NOT do something – e.g., not protecting a party’s 7th Am. right to Jury Trial; exercising unlawful jurisdiction; usurping another branch’s power / threatening the separation of powers

Question 2

After the Final Pretrial Conference, the Judge enters the Final Pretrial Order, which does _________ ?

When may the Judge modify the Final Pretrial Order?

Answer 2

1. Final Pretrial Order → formulates a plan for the Trial
2. Judge may modify Final Pretrial Order ONLY IF to “prevent manifest injustice”

Question 3

Is there Diversity JX when…

–US citizen domiciled in US vs. Foreign citizen who’s not domiciled in US?

Answer 3

–yes

Question 4

Is there Diversity JX when…

–Foreign citizen who’s not domiciled in US vs. Foreign citizen who’s not domiciled in US?

Answer 4

–no

Question 5

Is there Diversity JX when…

–US citizen domiciled in State A vs. Permanent Resident (Foreigner) domiciled in State A?

Answer 5

–no

Question 6

Is there Diversity JX when…

• US citizen domiciled in State K plus Foreign citizen who’s not domiciled in US vs. US citizen domiciled in State L plus Foreign citizen who’s not domiciled in US?

Answer 6

• yes

Question 7

Is there Diversity JX when…

• US citizen domiciled in State G vs. Permanent Resident (Foreigner) domiciled in State H?

Answer 7

• yes

Question 8

Is there Diversity JX when…

• US citizen domiciled in State K plus Foreign citizen who’s not domiciled in US vs. Foreign citizen who’s not domiciled in US?

Answer 8

• no

Question 9

What is the deadline for P to serve process (delivery of Summons & Complaint) on D?

When must a Court excuse P for untimely service?

Answer 9

Deadline for P to serve D with process → WITHIN 90 Days

Court must excuse P for untimely service when… → P shows “good cause” - i.e., that P’s service was delayed due to matters outside P’s control (e.g., sudden illness/injury, natural disaster/catastrophe, misconduct/evasion by D)

Question 10

What are the various grounds for PJ?

Answer 10

• # 1) Specific Jurisdiction → minimum contacts
  • = State where P’s claim arises from / is closely related to
• # 2) General Jurisdiction → continuous & systematic contacts
  • = DOMICILE…
    
    • …for Person = State of residence
    • …for Corporation = State of incorporation AND State of headquarters
• # 3) Other Grounds → service of process OR consent (e.g., forum selection clause in K)

Question 11

How does the location of a Corporation’s Subsidiary factor in to determining whether a Court has PJ over the Corporation?

Answer 11

= location of Corp’s Subsidiary has NO EFFECT – b/c Court has PJ over the Corp in the State(s) where it (1) is incorporated, AND (2) has its headquarters

Question 12

When filing a Motion to Compel a Response due to a deponent refusing to answer a question during a deposition, where do you file the Motion?

Answer 12

…if Deponent is a Party to case → file Motion in District where lawsuit is pending

…if Deponent is a NON-Party → file Motion in District where the deposition occurred

Question 13

a

Answer 13

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