THEMIS FINAL OUTLINE

Question 1

What is Subject Matter Jurisdiction (SMJ)?

Answer 1

A court’s competence to hear and determine cases of general class and subject to which proceedings in question belong.

Question 2

What are the types of federal question (FQ) jurisdiction?

Answer 2

1. District courts have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the U.S.
2. Concurrent/exclusive jurisdiction exists, except when Congress provides that jurisdiction of federal courts is exclusive.

Question 3

What is a well-pleaded complaint?

Answer 3

FQ exists only when the federal issue is presented on the face of the complaint.

Question 4

What is Diversity Jurisdiction (DJ)?

Answer 4

Federal courts have jurisdiction when parties are citizens of different states or a citizen of a state and a citizen of a foreign state, and the amount in controversy exceeds $75,000.

Question 5

What is complete diversity?

Answer 5

No diversity exists if any plaintiff is a citizen of the same state or foreign country as any defendant.

Question 6

How is citizenship determined for individuals?

Answer 6

Domicile is the state in which an individual is present and intends to reside indefinitely; an individual can only have one domicile at a time.

Question 7

What is the standard of proof for amount in controversy?

Answer 7

Plaintiff’s good-faith assertion in the complaint is sufficient unless there is legal certainty that the plaintiff cannot recover the alleged amount.

Question 8

What is supplemental jurisdiction (SJ)?

Answer 8

Federal court with jurisdiction may exercise SJ over additional claims that arise out of a common nucleus of operative fact.

Question 9

What is removal jurisdiction?

Answer 9

Defendant may generally remove a case from state court to federal district court having subject matter jurisdiction.

Question 10

What is personal jurisdiction (PJ)?

Answer 10

The authority of a court to hear a case involving a particular defendant, determined by the defendant’s contacts with the forum state.

Question 11

What are the three types of personal jurisdiction?

Answer 11

In personam, in rem, and quasi-in-rem jurisdiction.

Question 12

What is the due process requirement for PJ?

Answer 12

A federal court may not exercise PJ over a defendant unless the defendant has ‘minimum contacts’ with the forum state.

Question 13

What is the definition of in rem jurisdiction?

Answer 13

Gives the court authority to determine issues concerning rights to real or personal property.

Question 14

What is the notice requirement for jurisdiction?

Answer 14

Notice must be reasonably calculated to apprise interested parties of pending action and afford them the opportunity to object.

Question 15

What is the general rule for venue in federal court?

Answer 15

Venue is proper in the judicial district where any defendant resides, where substantial part of events occurred, or where property subject to the action is located.

Question 16

What happens if the original venue is improper?

Answer 16

The case may be dismissed or transferred to the proper district if it’s in the interest of justice.

Question 17

What happens if a court determines that venue is not proper?

Answer 17

The court must transfer the case to the appropriate court.

Question 18

What law does a new district court apply when a case is transferred?

Answer 18

In diversity jurisdiction (DJ), the new district court applies the law from the previous court.

Question 19

How does a new district court in another appellate circuit handle federal law?

Answer 19

It applies federal law as interpreted by its own court of appeals.

Question 20

What is the general rule for an improper original venue?

Answer 20

The case should be dismissed or transferred to the proper district if it is in the interest of justice.

Question 21

What law does a district court apply when a case is transferred in diversity jurisdiction?

Answer 21

The district court applies the choice-of-law rules of the state in which it is located.

Question 22

What is forum non conveniens?

Answer 22

It is used when the most appropriate forum for the action is a state or foreign court.

Question 23

Who bears the burden in a forum non conveniens situation?

Answer 23

Generally, the burden is on the defendant, but it shifts to the plaintiff if a forum selection clause designates a state or foreign court.

Question 24

What must Georgia courts consider when adjudicating matters in the interest of justice?

Answer 24

They must consider whether a claim would be more proper in a forum out of state or in a different county.

Question 25

What does the Erie Doctrine state regarding federal and state law?

Answer 25

Federal substantive and procedural law controls in federal question (FQ) cases, while state substantive law applies in diversity jurisdiction (DJ) cases.

Question 26

What happens when there is a valid federal statute on point in a conflict between state and federal law?

Answer 26

Federal law is applied.

Question 27

What is federal common law?

Answer 27

It is created when there is no applicable federal statute or constitutional provision.

Question 28

In what instances does federal common law apply in federal question cases?

Answer 28

It applies in admiralty cases, when the U.S. is a party, interstate disputes, cases involving foreign relations, and when Congress leaves a gap in a statutory scheme.

Question 29

What are the requirements for pleadings in Georgia?

Answer 29

Every pleading must be signed by an attorney of record, including their name and address, or by the party if there is no attorney.

Question 30

What is the timing requirement for service of process in Georgia?

Answer 30

Service must be made within 90 days after filing the complaint.

Question 31

What is a Temporary Restraining Order (TRO)?

Answer 31

It preserves the status quo until a full hearing and is effective for a limited time.

Question 32

What must a complaint include under federal rules?

Answer 32

It must include short/plain statements of the court’s subject matter jurisdiction and the plaintiff’s claim.

Question 33

What is a Rule 12(b) motion to dismiss?

Answer 33

It challenges the lack of subject matter jurisdiction, personal jurisdiction, improper venue, or failure to state a claim.

Question 34

What is the time frame for filing an answer in Georgia?

Answer 34

A defendant has 30 days to file an answer to a complaint.

Question 35

What is the relation back doctrine in amendments?

Answer 35

A new claim relates back to the date of the original pleading if it arises from the same conduct, transaction, or occurrence.

Question 36

What types of sanctions can be imposed under Rule 11?

Answer 36

Sanctions can include nonmonetary directives, penalties to the court, or payments to the movant for attorney’s fees.

Question 37

What is permissive joinder of parties?

Answer 37

Plaintiffs and defendants may join in one action if any right to relief is asserted jointly or arises from the same transaction.

Question 38

What are the types of joinder of parties?

Answer 38

1. Permissive joinder: Parties may join in one action if any right to relief is asserted jointly, severally, or arises out of the same transaction or occurrence. 2. Compulsory joinder: Necessary parties must be joined for just adjudication.

Question 39

What is required for permissive joinder?

Answer 39

Parties must assert a right to relief jointly, severally, or arising out of the same transaction, with a common question of law or fact.

Question 40

What is the SMJ requirement for permissive joinder?

Answer 40

For defendants, there must be complete diversity and each claim must exceed $75,000. For plaintiffs, diversity is permitted for claims less than or equal to $75,000, but complete diversity is still required.

Question 41

What is compulsory joinder?

Answer 41

Compulsory joinder requires necessary parties to be joined if complete relief cannot be provided in their absence, or if their absence would impair their ability to protect their interests.

Question 42

What are indispensable parties?

Answer 42

Indispensable parties are those that cannot be joined due to jurisdiction or venue issues, leading to potential case dismissal.

Question 43

What is intervention as of right?

Answer 43

A nonparty can intervene if they have an interest in the property or transaction, and their interest may be impaired by the action.

Question 44

What is permissive intervention?

Answer 44

Permissive intervention occurs when a movant has a conditional right to intervene under federal statute, or their claim shares a common question of law or fact with the original action.

Question 45

What is interpleader?

Answer 45

Interpleader allows a stakeholder to force all potential claimants into a single lawsuit to resolve competing claims.

Question 46

What is the federal interpleader rule?

Answer 46

Under the federal rule, claimants may be joined as defendants even if their claims lack a common origin or are adverse.

Question 47

What are the requirements for class actions?

Answer 47

1. Numerosity, 2. Commonality, 3. Typicality, 4. Adequacy of representation.

Question 48

What is the SMJ requirement for class actions?

Answer 48

Class representatives must be diverse from class opponents, and at least one plaintiff must meet the $75,000 jurisdictional amount.

Question 49

What are mandatory disclosures?

Answer 49

Mandatory disclosures require parties to disclose information regarding individuals with discoverable information, documents supporting claims, and relevant insurance agreements.

Question 50

What is the scope of discovery?

Answer 50

Discovery is generally permitted for any non-privileged matter relevant to a party’s claim or defense, proportional to the needs of the case.

Question 51

What are the limitations on discovery?

Answer 51

Discovery cannot be sought until after a discovery conference, and it must not be unreasonably cumulative or irrelevant.

Question 52

What are the types of discovery devices?

Answer 52

1. Oral depositions, 2. Interrogatories, 3. Requests to produce documents, 4. Physical/mental exams, 5. Requests for admission, 6. Subpoenas.

Question 53

What examinations are required for admission?

Answer 53

Physical examinations by physicians and mental examinations by a physician or licensed psychologist.

Question 54

What is a request for admission?

Answer 54

A written request for admission of any relevant, non-privileged matters relating to statements or opinions of fact or to application of law to fact.

Question 55

What is the response time for requests for admission in GA?

Answer 55

Requests for admission must be responded to within 30 days, or for a defendant, within 45 days of service of the summons and complaint.

Question 56

What is a subpoena?

Answer 56

A command issued from the court where the action is pending, used to command a nonparty to take action, such as attending a trial or testifying.

Question 57

What is a motion to compel?

Answer 57

A party can move to compel disclosure or discovery against a party failing to make automatic disclosures or to respond to discovery requests.

Question 58

What are sanctions in the context of discovery?

Answer 58

If a party fails to obey a court order regarding discovery, the court may impose sanctions subject to the abuse of discretion standard.

Question 59

What happens if electronically stored information is lost?

Answer 59

The court may order measures to cure the prejudice or instruct the jury that it may presume the information was unfavorable to the party.

Question 60

What are pretrial conferences?

Answer 60

Meetings directed by the court for counsel and unrepresented parties to expedite disposition of the action and facilitate settlement.

Question 61

What is the purpose of a scheduling conference?

Answer 61

To limit the time to join other parties, amend pleadings, complete discovery, and file motions.

Question 62

What is a voluntary dismissal?

Answer 62

A plaintiff can dismiss an action without leave of court any time before the opposing party serves an answer or motion for summary judgment.

Question 63

What is a default in legal terms?

Answer 63

When a party has failed to plead or otherwise defend an action; may be set aside for good cause.

Question 64

What is a summary judgment?

Answer 64

A judgment granted when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Question 65

What is the standard for a jury trial?

Answer 65

An action at law tried on demand to a jury, but federal law will determine the right to a jury trial for state-law claims in diversity actions.

Question 66

What is the time limit for serving a jury demand?

Answer 66

Must be served within 14 days after service of the last pleading directed to the issue that is to be tried by jury.

Question 67

What is the size of a jury?

Answer 67

A jury must consist of at least six and no more than twelve jurors.

Question 68

What are peremptory challenges?

Answer 68

Challenges that may not be made for racial or gender-based reasons; three are allowed for each party in civil cases.

Question 69

What is required for jury instructions?

Answer 69

A party may request specific instructions at the close of evidence, and the court must inform the parties of any proposed instructions.

Question 70

What is a general verdict?

Answer 70

Typically a decision by the jury as to the prevailing party and, if the plaintiff is the prevailing party, the amount of damages.

Question 71

What is juror misconduct?

Answer 71

Includes concealing facts during voir dire or being improperly influenced by non-jurors; may lead to dismissal of the juror or a new trial.

Question 72

What is a motion for judgment as a matter of law?

Answer 72

A motion challenging the sufficiency of the evidence in a civil jury trial, which can be made before submission to the jury.

Question 73

What is a renewed motion for judgment as a matter of law?

Answer 73

Filed no later than 28 days after entry of judgment, it can only be granted on grounds raised in the pre-verdict motion.

Question 74

What is a default judgment?

Answer 74

A judgment entered when a party fails to respond or defend, which must not differ in kind or exceed the amount demanded in pleadings.

Question 75

What is the notice of appeal requirement?

Answer 75

Generally must be filed with the district clerk within 30 days after the judgment or order being appealed is entered.

Question 76

What is claim preclusion?

Answer 76

A valid final judgment on the merits that bars subsequent claims that are sufficiently identical to the original claim.

Question 77

What is issue preclusion?

Answer 77

Precludes re-litigation of an issue that was actually litigated and determined in a final judgment in a prior action.

Question 78

What must be identical for issue preclusion?

Answer 78

The law must be identical.

Question 79

What does ‘actually litigated’ mean?

Answer 79

The issue must have been actually litigated in the prior action.

Question 80

What is required for a judgment to be considered final and valid?

Answer 80

The first determination of the issue must be within the authority of the court that decided it, and the determination must be made in a final decision on the merits.

Question 81

What constitutes an essential issue in a judgment?

Answer 81

An issue that constitutes a necessary component of the decision reached will be considered essential.

Question 82

What is the GA distinction regarding issue preclusion?

Answer 82

GA generally requires mutuality of parties or their privies.

Question 83

What is the effect of issues determined in a criminal prosecution in favor of the prosecution?

Answer 83

Issues determined in a criminal prosecution in favor of the prosecution are generally preclusive in a civil action against D based on the same conduct.

Question 84

What is the effect of issues determined in a criminal prosecution in favor of D?

Answer 84

Issues determined in a criminal prosecution in favor of D are not preclusive in a civil action against D based on the same conduct because P in the civil action was not a party to the criminal prosecution.