Mnemonics

Question 1

to certify a class action in federal court, think CAN’T

Answer 1

C - COMMON QUESTIONS of law or fact
A - ADEQUATE representation by the class representative
N - class size so NUMEROUS that ordinary joinder is impracticable
T - class representative’s claim is TYPICAL of all other claims

Question 2

protective orders seek to prevent unreasonable DEEP abuses of discovery procedures

Answer 2

D - DISADVANTAGE
E - EMBARASSMENT
E - EXPENSE outweighs its benefits (especially where there is economic disparity between parties)
P - PREJUDICE

Question 3

a Rule 12(b)(6) motion to dismiss must cite a FAT DRIP

Answer 3

the complaints FACTUAL ALLEGATIONS are accepted as TRUE, and the court will DRAW all REASONABLE INFERENCES in the PLAINTIFF’S favor

Question 4

MS. J (motion for summary judgment) must have LIPS

Answer 4

L - the motion can be decided as a matter of LAW
I - there are no material ISSUES of fact to be litigated
P - the court can grant PARTIAL summary judgment
S - the court can SEARCH the record, but only on issues raised in the motion papers

Question 5

elements of issue preclusion are SAFE

Answer 5

S - SAME issue
A - ACTUALLY litigated
F - FINAL judgment
E - ESSENTIAL to the prior judgment

Question 6

vicarious liability frequently involves POPE parties

Answer 6

P - PARTNERS who are jointly & severally liable for each other’s torts committed in the scope of the partnership
O - OWNER & driver of a MV used with the owner’s permission, except when the owner leases the MV to the driver (then no vicarious liability for the lessor)
P - PRINCIPAL and agent
E - EMPLOYER and employee, under the doctrine of respondeat superior

Question 7

service on a corporation must be made on a OG MA

Answer 7

O - OFFICER
G - GENERAL AGENT
M - MANAGING AGENT
A - AUTHORIZED AGENT TO RECEIVE PROCESS (expressly, impliedly, or by estoppel)

Question 8

only a MAN can formally “appear” in a federal court action

Answer 8

M - by making any pre-answer MOTION, which extends D’s time to answer
A - by serving an ANSWER to P’s complaint
N - by serving a NOTICE of appearance

Question 9

a defendant must timely raise VIP in a motion to dismiss, if not, in the answer, otherwise any VIP claims will be waived

Answer 9

V - improper VENUE
I - INSUFFICIENT service of process
P - lack of PJ

Question 10

even if the defendant has no minimum contacts with the state a defendant may nevertheless consent to jurisdiction by SAM

Answer 10

S - STIPULATING to jurisdiction in open court (or in an earlier signed writing, pleading, contract, or letter)
A - serving an ANSWER, but failing to include a lack of PJ objection as an affirmative defense (unless the defendant corrects the omission and amends the answer within 21 days “as of course”)
M - making any MTD prior to service of the D’s answer and failing to include a lack of PJ objection in that motion, otherwise that objection is waived

Question 11

in a “forum non conveniens” motion, the issue is whether the case should be tried HERE or in another forum

Answer 11

H - HARDSHIP on D and the courts
E - location of EVIDENCE
R - RESIDENCE of parties
E - location of EVENT

Question 12

interstate or international defective products causing injury within a state requires some 3-S conduct

Answer 12

S - SOLICITATION of business in the state
S - SERVICES performed in the state
S - SALES consummated in the state (did the D “target” the state?)

Question 13

PJ requires a MOP

Answer 13

M - some MINIMUM contact with the forum
O - an OPPORTUNITY to be heard in the suit
P - been PROPERLY served with process

Question 14

to remove a non-federal claim from state to federal court based on diversity, the defendant must be shown the be a STUDD

Answer 14

S - the claim exceeds SEVENTY-FIVE THOUSAND DOLLARS
T - the petition is filed within THIRTY DAYS of notice that the claim is removable
U - under the rule of UNANIMITY, all defendants must sign the removal petition
D - no defendant can be DOMICILED in the removal state; and
D - there is complete DIVERSITY of citizenship between plaintiffs and defendants

Question 15

SCRAM if you don’t have a justiciable claim

Answer 15

S - STANDING
C - CASE or controversy
R - RIPENESS
A - ABSTENTION
M - MOOTNESS

Question 16

preliminary injunctions B-FLI

Answer 16

B - BALANCING of harm between parties
F - FEASIBILITY of court supervision
L - LIKELIHOOD of success on the merits
I - IRREPARABLE harm

Question 17

motion for a new trial - we TWENTY H8 that verdict!

Answer 17

28 days to file a motion for a new trial after the verdict is entered

Question 18

a Cooking Pan (Claim Preclusion) requires PAM

Answer 18

P - sufficiently identical PARTIES
A - sufficiently identical causes of ACTION
M - final judgment on the MERITS

Question 19

time to REMOVE a case

Answer 19

30 days (6 letters in REMOVE)