Rules

Question 1

In personam jurisdiction

Answer 1

In personam jurisdiction refers to the court’s ability to exercise power over a particular defendant. Traditionally, IPJ is based on where the individual party is domiciled, presence in the state when served, and consent.

Question 2

Long arm statute

Answer 2

Since no traditional basis exists, the plaintiff must look to see if the state has a long arm statute that would allow IPJ over the defendant. Since a federal court must analyze IPJ as if it were a state court in the forum state, it will use the state long arm statute to determine whether it has IPJ. Some state statutes, like California’s give courts power over anything person over whom the state can constitutionally exercise jurisdiction.

Question 3

Personal jurisdiction (constitutional limitation)

Answer 3

To be constitutional, there must sufficient contacts with the forum state so as to not OFFEND traditional notions of FAIR PLAY and SUBSTANTIAL JUSTICE. IPJ is assessed considering: contacts, relatedness, and fairness

Question 4

Minimum contacts

Answer 4

Minimum contacts require a a showing of purposeful availment and foreseeability.

The court must find that the defendant purposefully availed itself of the privilege of conducting activities in the forum state, thus invoking the benefits and protections of its laws.

The defendant must also have reasonably anticipated that its activities in the forum state rendered it foreseeable that it may be haled into court there.

Question 5

Fairness (PJ)

Answer 5

In determining whether exercising IPJ over the defendant is fair, the court will consider:
- whether the forum is so “gravely difficult and inconvenient” that the defendant is put at a severe disadvantage
- the forum state’s legitimate interest in providing redress for its resident
- the plaintiff’s interest in obtaining convenient and effective relief
- the interstate judicial system’s efficiency, and
- the shared interest of the states in furthering social policies

Question 6

Domicile

Answer 6

A natural person’s domicile is established by presence in the state and intent to make it their permanent home.

A corporation is domiciled in every state or foreign country where they are incorporated, and the ONE state or foreign country where it has its principal place of business

Question 7

Supplemental jurisdiction

Answer 7

Supplemental jurisdiction is available for additional claims arising from a common nucleus of operative facts

Question 8

Venue is available in the district:

Answer 8

• where any defendant resides, if they are all residents of the state where the district is located
• where a substantial part of the claim arose or substantial part of the property is located, or
• if the others are not satisfied, a district in which any defendant is subject to C personal jurisdiction

Question 9

Compulsory joinder

Answer 9

Absent parties should be joined when
- complete relief cannot be accorded in their absence, or
- absentee has such an interest in the subject matter that a decision in their absence will impair or impede their ability to protect the interest or leave another party subject to substantial risk of multiple or inconsistent obligations

joint tortfeasors are never necessary.

Question 10

If joinder of necessary party is not feasible

Answer 10

the court must either proceed without absentee or dismiss the case. To determine whether absentee is indispensable, consider:
- extent of prejudice to absentee or available parties
- extent to which such prejudice can be reduced/avoided
- adequacy of a judgment rendered without the absentee, and
- whether absentee will have adequate remedy

Question 11

Class action initial requirements

Answer 11

• Class so numerous that joinder of all members is impracticable
• Questions of law and fact common to the class
• The claims of the representative parties are typical of the class
• The representative parties will fairly and adequately protect the interests of the class

Question 12

Intervention

Answer 12

Intervention of right is available when the absentee party’s interest is not adequately represented by the current parties.

Permissive intervention is available if the absentee’s claim or defense and the current case have at least one common question of fact or law, and it would not cause delay or prejudice to someone else.

Question 13

Impleader

Answer 13

A defendant may use impleader to shift to the third party defendant that the defendant otherwise owes to the plaintiff (indemnity or contribution).

Question 14

Interpleader

Answer 14

Interpleader permits two or more adverse claimants to the state to litigate amongst themselves to determine which, if any, has the valid claim.

Question 15

Main limitation to supplemental jurisdiction

Answer 15

In diversity cases, claims by plaintiffs generally cannot invoke supplemental jurisdiction. BUT where there are multiple plaintiffs and the claim by one does not meet the AiC, it is alloewd.

Question 16

A claim “relates back” if:

Answer 16

• the amendment concerns the same conduct, transaction, or occurrence as the original
• the defendant had such knowledge of the case such that she will be able to avoid prejudice
• defendant knew or should have known that but for a mistake they would have been named originally

Question 17

Types of class actions

Answer 17

• Type 1 class actions: class treatment necessary to avoid harm (prejudice) to either class members or the non-class party
• Type 2 (injunctive or declarative relief): seeks injunction of declaratory judgment because defendant treated class members alike
• Type 3 (common question): common question must predominate over individual questions and class action must be superior method to handle dispute

Question 18

CAFA

Answer 18

Federal court can hear if:
- at least 100 members
- any class member, not just the representative is of diverse citizenship from any defendant, and
- aggregated claims exceed $5 million

Plus, any defendant can remove to federal court.

Question 19

Initial disclosure

Answer 19

Within 14 days of the Rule 26(f) conference, the parties must disclose the identities of people with discoverable info that they may use to support their claims or defenses and the documents and tangible things the party may use to support their claims or defenses.

Question 20

Work product

Answer 20

Work product prepared in anticipation of litigation is protected.

However, work product can be discovered if the requesting party can show a SUBSTANTIAL NEED and UNDUE HARDSHIP in obtaining the materials in an alternative way.

Question 21

TRO

Answer 21

A TRO may be issued ex parte if:
- the applicant files a paper under oath showing that if not issued, they will suffer immediate and irreparable harm if they must wait until other side is heard
- applicant’s lawyer certifies in writing their efforts to give oral or written notice to the defendant, or why notice should not be required in this case

Question 22

Preliminary injunction

Answer 22

Burden on the applicant to show:
- they are likely to suffer irreparable harm if not granted
- they are likely to win on the merits
- balance of hardship favors them
- injunctions in the public interest

Question 23

Summary judgment

Answer 23

The moving party must show that there is no triable issue of fact and that they are entitled to judgment as a matter of law. The court views the evidence in the light most favorable to the nonmoving party.

Question 24

Judgment as a matter of law

Answer 24

The moving party is entitled to JMOL if reasonable people could not disagree on the result, viewing the evidence in the light most favorable to the non-moving party and drawing gall legitimate inferences in their favor and without considering the credibility of the witnesses

If they motioned for JMOL during trial, they may move for RJMOL afterwards.

Question 25

Final judgment rule

Answer 25

Requires final judgment of entire case before an appeal can be taken.

Exceptions:
- pretrial orders involving temporary remedies (PI)
- final judgment on collateral matters
- interlocutory orders or great importance, e.g. class cert.

Question 26

Standards of review on appeal

Answer 26

• questions of law: de novo
• questions of fact in bench trial: clearly erroneous
• questions of fact in jury trial: reasonable people could not have made that finding
• discretionary matters (e.g. to amend pleadings, permissive intervention): abuse of discretion

Question 27

Res judicata (claim preclusion)

Answer 27

When there is a final judgment on the merits, res judicata presents re-assertion of the claimant’s cause of action if there was a final judgment, on the merits, with the same parties, same claims, and the claim was actually litigated or could have been litigated.

On the merits is any judgment except one based on jdx, venue, or indispensable parties.

Same claim: any right to relief arising from same transaction or occurrence. Minority view: primary rights doctrine

Question 28

Collateral estoppel (issue preclusion)

Answer 28

Issues of fact actually litigated and essential to a judgment in a first action are conclusive in a subsequent, though different action between the plaintiff and the defendant or their privies.

Preclusion can only be used AGAINST someone who was party to the first case or in privity with a party.

A defendant who was not a party to the first case (or in privity with a party) can generally use preclusion (nonmutual defensive issue preclusion), but a plaintiff cannot (nonmutual offensive issue preclusion).

Question 29

Removal

Answer 29

if removal was not proper, the federal court must remand the case back to state court.

A case may be removed from state to federal court when it could have originally been filed in federal court (i.e.t he federal court would have had SMJ over the action).

Question 30

Erie

Answer 30

A federal court sitting in diversity will apply federal procedural law and state substantive law.

Question 31

Right a jury trial

Answer 31

Under the U.S. Constitution, parties have a right to a jury trial for civil case sin federal court over $20.