Practice Set 2

Question 1

What in a class action requires court approval?

Answer 1

Voluntary settlement, compromise or dismissal of claims issues, or defenses of the certified class

Question 2

What claims are entirely excluded from diversity jurisdiction?

Answer 2

Probate matters and domestic relations actions, such as divorce, alimony, and custody

Question 3

What is required for personal jurisdiction in impleader?

Answer 3

1. General jurisdiction
2. Specific jurisdiction by long arm statute
3. Within 100 miles of where summons was issued

Question 4

What is jury polling?

Answer 4

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

Question 5

When must a renewed judgment as a matter of law be filed?

Answer 5

No later than 28 days after the entry of judgment

Question 6

What are the requirements for defendants filing cross-claims against each other?

Answer 6

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

Question 7

What law governs right to jury in federal diversity cases?

Answer 7

Federal law generally determines whether (1) there is a right to a jury trial and (2) whether an issue is legal or equitable

Question 8

What are the requirements for a preliminary injunction?

Answer 8

1. Likely to succeed on the merits;
2. Plaintiff likely to suffer irreparable harm in the absence of relief;
3. The balance of equities is in P’s favor; AND
4. The injunction is in the best interest of the public

Question 9

When must a demand for jury trial be made?

Answer 9

Within 14 days after service of the last pleading directed to the issue that is sought to be tried by a jury

Question 10

What notice is required for in rem proceedings?

Answer 10

1. Notice must reasonably calculated, to apprise interested parties of the pendency of the action
2. Afford them an opportunity to present their objections
3. Not enough just to post notice on the property / publish in newspaper if owner is (a) known / (b) reasonably ascertainable

Question 11

What must a party do if it wants to depose a witness before the discovery conference?

Answer 11

Rule 30 requires leave of the court to take a deposition before the discovery conference under Rule 26(f)

Question 12

What are the basic R23 requirements for a class action?

Answer 12

1. Numerosity
2. Commonality of law / fact predominate over individual
3. Typicality of claims / defenses
4. Adequacy of representation

Question 13

When is a counterclaim compulsory?

Answer 13

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

Question 14

What are the subject matter jurisdiction requirements for class actions under CAFA?

Answer 14

1. > = 100 members;
2. Not states, state officials, or other government entity defendants;
3. No certain securities-related cases / internal affairs or governance of a corporation;
4. > $5,000,000, exclusive of interest and costs; and
5. Minimum diversity exists

Question 15

When must a party respond to an amended pleading?

Answer 15

1. 14d after service of amended pleading; OR
2. Time remaining for response to original pleading if that time <14d
3. Whenever the court requires it

Question 16

When is a party’s objection considered timely?

Answer 16

If (1) it is made promptly after learning that an instruction has been or will be given or(2) a request has been refused

Question 17

What must be disclosed as an initial disclosure?

Answer 17

1. List + info of ppl w/ discoverable info + the info itself that other pty wants to use
2. Copy of docs physical / electronic that other pty wants to use
3. Computational info for damages
4. Agreements related to insurance info

Question 18

What can a court do if there is a clerical error in the judgment, order or other part of the record?

Answer 18

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

Question 19

When can a court not correct clerical mistakes from oversight or omission?

Answer 19

When an appeal from a judgment or order has been docketed in the appellate court - in that case, need leave of appellate court

Question 20

When must a motion for relief from judgment under R60(b) be filed?

Answer 20

Within a reasonable time and no later than one year following the entry of the judgment

Question 21

What can be contained in answers to a plaintiff complaint?

Answer 21

1. Admissions or denials
2. Affirmative defenses
3. Counterclaims

Question 22

What is the effect of a failure to deny?

Answer 22

1. IF not damages, then deemed admitted

2. IF damages, then there is no admission

Question 23

When can you file a motion for a new trial?

Answer 23

Within 30 days after the entry of order disposing of the last remaining motion

Question 24

When can you file a renewed judgment as a matter of law?

Answer 24

Within 30 days after the entry of order disposing of the last remaining motion

Question 25

When must you file an appeal?

Answer 25

Within 30 days after the judgment or order being appealed is entered

Question 26

When can you subject a party to physical or mental examination?

Answer 26

When there is good cause, such as the party putting physical or mental condition into controversy