Practice Set 2 Flashcards
What in a class action requires court approval?
Voluntary settlement, compromise or dismissal of claims issues, or defenses of the certified class
What claims are entirely excluded from diversity jurisdiction?
Probate matters and domestic relations actions, such as divorce, alimony, and custody
What is required for personal jurisdiction in impleader?
- General jurisdiction
- Specific jurisdiction by long arm statute
- Within 100 miles of where summons was issued
What is jury polling?
A survey of assent as to each juror, initiated by a party or by the court
If there is lack of unanimity, then the court can order (1) continued deliberations or (2) new trial
When must a renewed judgment as a matter of law be filed?
No later than 28 days after the entry of judgment
What are the requirements for defendants filing cross-claims against each other?
If the cross-claim arises out of the same transaction or occurrence as the initial claim
No need for amount or diversity as long as there is subject matter jurisdiction
What law governs right to jury in federal diversity cases?
Federal law generally determines whether (1) there is a right to a jury trial and (2) whether an issue is legal or equitable
What are the requirements for a preliminary injunction?
- Likely to succeed on the merits;
- Plaintiff likely to suffer irreparable harm in the absence of relief;
- The balance of equities is in P’s favor; AND
- The injunction is in the best interest of the public
When must a demand for jury trial be made?
Within 14 days after service of the last pleading directed to the issue that is sought to be tried by a jury
What notice is required for in rem proceedings?
- Notice must reasonably calculated, to apprise interested parties of the pendency of the action
- Afford them an opportunity to present their objections
- Not enough just to post notice on the property / publish in newspaper if owner is (a) known / (b) reasonably ascertainable
What must a party do if it wants to depose a witness before the discovery conference?
Rule 30 requires leave of the court to take a deposition before the discovery conference under Rule 26(f)
What are the basic R23 requirements for a class action?
- Numerosity
- Commonality of law / fact predominate over individual
- Typicality of claims / defenses
- Adequacy of representation
When is a counterclaim compulsory?
When it arises out of the same transaction that was the subject matter of the claim - must be asserted in answer but not in a response motion
What are the subject matter jurisdiction requirements for class actions under CAFA?
- > = 100 members;
- Not states, state officials, or other government entity defendants;
- No certain securities-related cases / internal affairs or governance of a corporation;
- > $5,000,000, exclusive of interest and costs; and
- Minimum diversity exists
When must a party respond to an amended pleading?
- 14d after service of amended pleading; OR
- Time remaining for response to original pleading if that time <14d
- Whenever the court requires it
When is a party’s objection considered timely?
If (1) it is made promptly after learning that an instruction has been or will be given or(2) a request has been refused
What must be disclosed as an initial disclosure?
- List + info of ppl w/ discoverable info + the info itself that other pty wants to use
- Copy of docs physical / electronic that other pty wants to use
- Computational info for damages
- Agreements related to insurance info
What can a court do if there is a clerical error in the judgment, order or other part of the record?
Under R60(a) can correct a clerical or other mistake resulting from oversight / omission either by (1) motion by a party or (2) on own initiative, w/ or w/o notice
When can a court not correct clerical mistakes from oversight or omission?
When an appeal from a judgment or order has been docketed in the appellate court - in that case, need leave of appellate court
When must a motion for relief from judgment under R60(b) be filed?
Within a reasonable time and no later than one year following the entry of the judgment
What can be contained in answers to a plaintiff complaint?
- Admissions or denials
- Affirmative defenses
- Counterclaims
What is the effect of a failure to deny?
- IF not damages, then deemed admitted
2. IF damages, then there is no admission
When can you file a motion for a new trial?
Within 30 days after the entry of order disposing of the last remaining motion
When can you file a renewed judgment as a matter of law?
Within 30 days after the entry of order disposing of the last remaining motion
