Rule 11 Flashcards

1
Q

3 things attorney must certify

A
  1. Purpose
  2. Law
  3. Evidence
    (a)Either prefiling or reasonably through discovery
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2
Q

Valid Purposes

A

Compensate, Punishment, Deterrence

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3
Q

Improper Purposes

A

(Not limited to)
HARASSMENT
DELAY
INCREASING COST

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4
Q

Will Mixed Purpose be sanctioned?

A

Only if PLNTF can’t prove they would have filed without the presence of improper purpose

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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)

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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.

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