NY BAR REVIEW 1 Flashcards
Libel Personal Jurisdiction
Have sufficient minimum contacts with the state. Publisher should reasonably anticipate causing injury wherever newspaper is sold and should reasonably anticipate being hailed into court in each state.
Improper Venue
May be waived. Defendant can do so. Defendant may object.
Venue
Place where process is served has no effect on it.
Proper Venue
Where events giving rise to claim, occurred.
In a judicial district where any defendant resides, if reside in same state.
A plaintiff’s residence is not a valid basis for fixing venue.
Jurisdiction
Exercise of jurisdiction over particular defendant must be authorized by statute and constitutional.
Failure to cooperate in discovery
Insistence on a court order for additional medical exam by additional doctor does NOT constitute this.
Physician Exam employed by the REQUESTING party
NO prohibition against it
Physician Examination
Need not submit to an exam by another physician without court order obtained on a showing of good cause.
A party may NOT avoid examination by claiming prior exam was sufficient.
Jury Trial
Underlying dispute is legal in nature.
Court will look to the basic substance of the case to see if jury trial is appropriate.
An action at law, jury trial is available on demand.
Duty to supplement responses
Duty to amend prior response if knows that response, though correct when made, is no longer true, and circumstances are such, that failure to amend the responses is in substance a KNOWING CONCEALMENT.
Opposing party need not request it. Fact that a party may be able to find the info without using discovery doesn’t relieve party from disclosing info their possession.
Common question Class action
Judge may refuse to approve settlement of class action, unless class members are given second opportunity to opt out. TWO OPT OUT PERIODS.
- Initial Notice
- Settlement Agreement. Only if judge requires.
May opt out if court allows members second opportunity to opt out.
Supplemental Jurisdiction
Subject matter jurisdiction over claim. Court would have supplemental jurisdiction over 3rd party claim arising from same transaction or occurrence as underlying claim does.
Merger
When plaintiff wins. Cause of action is said to merge into judgment such that cannot re-litigate cause of action later. All personal injuries received by plaintiff in 1 accident constitute single cause of action and res judicata forbids re-litigation.
RES JUDICATA principles
forbid relitigation
Collateral Estoppel
Issue preclusion. Applies to issues, NOT entire cases.