The Deck

Question 1

Constitutional analysis for personal jurisdiction

Answer 1

Does D have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice.

Question 2

How long does a party have to respond to a counterclaim?

Answer 2

21 days after service

Question 3

What are the two types of counterclaims?

Answer 3

Compulsory and Permissive

Question 4

What is a compulsory claim?

Answer 4

A claim that arises out of the same T/O as P’s claim.

Must be filed in pending case or it’s waived

Question 5

CJ and Jack, each driving his own car, collide and each is injured. CJ sues Jack. Jack answers and defends the suit. Then Jack files a new case against CJ concerning the same wreck. The cased is dismissed. Why?

Answer 5

Jack should have filed a compulsory counterclaim.

Question 6

What is a permissive counterclaim?

Answer 6

A claim that does not arise out of the same T/O as P’s claim. Not required to file it in this case.

Question 7

What is a crossclaim?

Answer 7

Claim against co-party. It must arise from the same T/O as the underlying action. But it is not compulsory.

Question 8

Rule 12(b) defenses?

Answer 8

1) Lack of SMJ
2) Lack of PJ
3) Improper venue
4) Improper process
5) Improper service of process
6) Failure to state a claim
7) Failure to join indispensable party

Question 9

Can 12(b) defense be put in motions to dismiss or the answer?

Answer 9

Both

Question 10

Which 12(b) defenses are waivable?

Answer 10

1) Lack of PJ
2) Improper venue
3) Improper process
4) Improper service of process

Question 11

Does a party get extra time to respond because the interrogatories were mailed?

Answer 11

Yes, you get three extra days.

Question 12

What three matters must be pleaded with even more detail?

Answer 12

Fraud

Mistake

Special damages

Question 13

If you waive service, how long do you get to respond?

Answer 13

60 days from when P mailed you the waiver form.

Question 14

What two documents make up process?

Answer 14

A summons (formal court notice of suit and time for response)

A copy of the complaint

Question 15

Does a process server have to be court appointed?

Answer 15

No

Question 16

3 steps analysis for Erie doctrine

Answer 16

1) Is there some federal law on point that directly conflicts with state law?
2) If there is no federal law on point, the federal judge must apply state law if the issue to be determined is substantive.
3) If there is no federal law on point and the issue is not one of the four just listed, the federal judge must determine whether the issue is substantive. The law is unclear here.

Question 17

What are some issues that are clearly substantive?

Answer 17

1) Elements of a claim or defense
2) Statute of limitations
3) Rules for tolling statutes of limitations
4) Conflict of law rules

Question 18

What is the general rule for removal?

Answer 18

D can remove a case that meets the requirements for diversity of citizenship or FQ.

Question 19

What are the two exceptions to the general rule for removal?

Answer 19

First off, these only apply if the movant is removing on the basis of diversity of citizenship jurisdiction.

1. No removal if any D is a citizen of the forum
2. No removal more than one year after the case was filed in state court.