Multiple Choice Content

Question 1

Notice

Answer 1

The due process requirement for notice to defendant is stated in Mullane v. Central Hanover. Notice is constitutionally sufficient if it is “reasonably
calculated, under all circumstances, to apprise interested parties of the pendency of the action, and afford them an opportunity to appear and present objections.”
An abbreviated version of the Mullane notice rule is that due process requires notice and an opportunity to be heard.

Question 2

13(g)

Answer 2

(g) Crossclaim Against a Coparty. A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.

Question 3

What does prof george love about stream of commerce?

Answer 3

That its a plurality. The justices on the outcome but not the reasoning. The states are free to decide this how they please.

Question 4

Summary Judgement term of art:

Answer 4

no issues of material fact
Adickes—Rule 56(c)(1)(A): use of affirmative evidence to negate at least one essential element of nonmovant’s claim.
Celotex—Rule 56(c)(1)(B): pointing to the record and asserting that nonmovantcannot prove an essential element of her claim on which she has the burden of proof at trial

Question 5

Any federal jurisdiction

Answer 5

authorized by congress and article III sec. 2. if they go beyond article III then it is unconstitutional. 9 categories of federal claim arising under constitution or federal law or controversies. Broad authorization. Constrict federal courts to certain things

Question 6

Rule 4

Answer 6

just need to know it incorporates the local states service process rule, the state in which the process is served

Question 7

Intervention

Answer 7

rule 24 two kinds of intervene (1) permissive 24(a)(2) and (2) intervention of right 24(b)(2). Each one of them says if authorized by statute. If not authorized, theres a test for both. Permissive means the court has discretion. Know the difference between must and may.

a. Intervention by right—FRCP 24(a) (two methods):
(1) by federal statute granting absolute right to intervene, or
(2) intervenor has (two part test):
• a related interest, and
• that interest will likely be impaired in intervenor’s absence
b. Permissive intervention—FRCP 24(b)(two methods):
(1) by federal statute granting conditional right to intervene, or
(2) intervenor has (two part test):
• a related interest which
• involves a common question of law or fact

Question 8

What is the purpose of the due process clause in terms of jurisdiction?

Answer 8

it not intended to create jurisdiction. This is a limit and the state cannot go beyond it and it they do it is unconstitutional.

Question 9

Party Joinder

Answer 9

rule 19 and rule 20 if a and b want to sue outright in order to join together they have to meet rule 20 (permissive joinder ‘anytime you have two parties together’ and a two part test)

Question 10

Erie: Rule enabling act

Answer 10

(a) The Supreme Court shall have the power to prescribe general rules of practice and
procedure and rules of evidence for cases in the United States district courts (including
proceedings before magistrate judges thereof) and courts of appeals.
(b) Such rules shall not abridge, enlarge or modify any substantive right. All laws in conflict
with such rules shall be of no further force or effect after such rules have taken effect.
(c) Such rules may define when a ruling of a district court is final for the purposes of appeal
under section 1291 of this title.
creation of FRCP, congress delegates to the supreme court… conflicts with a state law and if the law violates a substantive right, hanna

Question 11

Byrd Test

Answer 11

conflict between state law and it does not involve a FRCP rule on point

Question 12

Rule 60

Answer 12

like rule 59 you have a year to do it. (i) a party can correct clerical errors/correct the judgment, (ii) newly discovered evidence and would change the outcome of the case. You have a year to raise that. Beyond that you attack the lawsuit with a new one.

Question 13

Claxton Rule

Answer 13

choice of law if a federal court has a problem with which law to apply. Local state rule governs.

Question 14

12(b)(6)

Answer 14

motion to dismiss for failure to state a claim. Motion is likle a summary judgment then it is based on the pleadings

Question 15

1335

Answer 15

Interpleader involves a stakeholder. An innocent person has money? Can be insurance or estate. The stakeholder must be disinterested or innocent. Disinterested means they do not have a stake in the claim. What if the stakeholder has a lot of people coming after him? They cannot be a stakeholder. Has to be innocent. Different from intervention

Question 16

Is there discrtetion with jurisdiciton

Answer 16

no

Question 17

erie twin aims

Answer 17

There are two main objectives of the Erie decision: (1) to discourage forum shopping among litigants, and (2) to avoid inequitable administration of the laws.

Question 18

Bidning law for erie purposes

Answer 18

TX supreme court or the states highest courts for legislation

Question 19

Hickman

Answer 19

work product. Ordinary and opinion work product. Ordinary is discoverable. Opinion is not discoverable.

Answer 20

12(b)(6) and 12(c), jnov, summary judgment, rule 56, and rule 50, the time at which they are granted is the difference.

Question 21

Counterclaims

Answer 21

same transatction or occurrence as the plaintiffs claims

Question 22

Permissive counterclaims

Answer 22

not the same transaction or occurence

Question 23

when can you weight the evidence

Answer 23

Weighing the evidence can do that in rule 59 and cannot do it in 12b6, jnov, 12c, and summary judgment. Basic idea if there is evidence supporting a factual dispute and the only time a judge can way that is a motion for new trial.