Rule 11 Flashcards
1
Q
3 things attorney must certify
A
- Purpose
- Law
- Evidence
(a)Either prefiling or reasonably through discovery
2
Q
Valid Purposes
A
Compensate, Punishment, Deterrence
3
Q
Improper Purposes
A
(Not limited to)
HARASSMENT
DELAY
INCREASING COST
4
Q
Will Mixed Purpose be sanctioned?
A
Only if PLNTF can’t prove they would have filed without the presence of improper purpose
5
Q
An innovative argument is non-frivolous if:
A
Reasonably Requesting:
EXTENSION,
MODIFICATION,
REVERSAL of EXISTING LAW;
or
ESTABLISHING NEW LAW
(Standard of Reasonable Attorney)
6
Q
When should Federal Courts raise SMJ questions?
A
At any point in the case. Federal courts have duty to address any SMJ question, as a judgment without jurisdiction is void.