VA Fed Civ Pro Essays Rule Statements

Question 1

two hurdles to be cleared for personal jurisdiction standard

Answer 1

minimum contacts, reasonableness

Question 2

minimum contacts balancing test

Answer 2

1) the quantity and nature of the d’s contacts with the forum
2) their connection with the cause of action
3) interest of forum in protecting its citizens

not accidental, personally availed themselves

Question 3

putting a product into the stream of commerce, knowing it might eventually end up in a particular state

Answer 3

not sufficent for in personam jurisdiction over manufacturer or seller, Asahi

Question 4

with in personam jurisdiction, the court first looks to ______, and then it must determine

Answer 4

the long arm statute to determine its jurisdictional bounds, and then it must determine whether the exercise of jurisdiction satisfies due process

Question 5

under international shoe

Answer 5

court must look to whetehr there are minimum contacts between the forum state and out of state defendant so that the suit does not offend traditional notions of fair play and substantial justice

Question 6

objections to PJ must be made

Answer 6

in the first responsive pleading, in answer or separate motion

Question 7

motion for lack of SMJ can be raised

Answer 7

at any time, even on appeal

Question 8

domicile is based on

Answer 8

the person’s permanent home in which he intends to stay

Question 9

a new domicile may be established by

Answer 9

physical presence in the new place and an intention to remain there permanently or for an indefinite period

Question 10

corp domicile

Answer 10

everywhere incorporated, one state where PPB

Question 11

a case can only be remanded to state court if

Answer 11

there was state litigation, so not if it was initially filed in fedearl court

Question 12

a defendant must seek removal within

Answer 12

30 days after receipt of a pleading, motion, or order showing that the case has become removable

Question 13

right of recovery is/is not limited in federal court by prayer for relief in case

Answer 13

is not

Question 14

28 USC Section 1441(b) prohibits removal of diversity cases in which

Answer 14

any defendant is a citizen of the forum state

Question 15

venue in civil actions in federal courts is proper in

Answer 15

1) district where any defendant resides, if all defendants reside in the state,
2) judicial district in which a substantial part of the events occurred,
3) if neither, where any defendant is subject to PJ in the action

Question 16

forum non conveniens

Answer 16

transfer may be had, even though venue is proper, if the parties or witnesses would be greatly inconvenienced by the trial in the current venue

Question 17

when deciding whether to transfer venue under forum non conveniens

Answer 17

1) P’s choice of venue
2) convenience of parties and witnesses,
3) interests of justice (familiarity with law, pendency of related actino)

Question 18

original court has discretion to transfer action to a court in which

Answer 18

the action might have been brought in conformity with SMJ, PJ and proper venue, or for FNC basis anywhere the parties may consent to

Question 19

transfer is not appropriate when it would likely only serve to

Answer 19

shift the balance of convenience from the plaintiff to the defendant

Question 20

interlocutory orders that are appealable as of right

Answer 20

injunctions, patent infringement rulings, appointment of receivers

Question 21

collateral order rule

Answer 21

if a claim is or issue is separable from and collateral to the main suit and is a claim too important to require deferring appellate review, it may be classified as a judgment in a separaete proceeding and be appealable

Question 22

interlocutory appeals act

Answer 22

requires 1) trial court to certify a question of law as to which there is substantial grounf for a difference of opinion arose in the case and immdeiate appeal may materially advance the ultimate termination of the litigation, 2) the court of appeals to allow the appeal

Question 23

if there is no federal law on point, the federal judge must

Answer 23

apply state law if the issue is substantive

Question 24

five issues that are substantive

Answer 24

elements of a claim or defense, SOL, rules for tolling SOL’s, conflict or choice of law rules, and standard for whether to grant a new trial because of damages determination

Question 25

for federal question cases, a federal q must

Answer 25

appear as part of the plaintiff’s cause of action as set out in a well-pleaded complaint

Question 26

motion to dismiss for improper venue must be filed

Answer 26

prior to any other pleading or motion

Question 27

work product and consulting reports prepared in anticipation of litigation are not typically discoverable unless

Answer 27

showing of substantial need and undue hardship

Question 28

federal RCP 13 does not treat claims already pending in another court as

Answer 28

compulsory counterclaims

Question 29

a federal court is prohibited from enjoining pending state court proceedings unless it is

Answer 29

1) expressly authorized by statute
2) necessary in the aid of its jurisdiction, or
3) necessary to protect or effectuate its judgments

Question 30

claim preclusion/res judicata

Answer 30

1) valid final judgment on merits
2) same claimant against same defendant
3) same cause of action

Question 31

RJMOL deadline

Answer 31

28 days after entry of judgment

Question 32

when placing a value on equitable relief such as an injunction,

Answer 32

look at from either plaintiff or defendant’s viewpoint, ask what it would cost the defendant to comply with the injunction if it were ordered

Question 33

under federal practice, when a D has a claim against the P that arises out of the same transaction or occurrence,

Answer 33

it must be pleaded in the instant action as a compulsory counterclaim under federal rule 13 or it’s barred

Question 34

if a counterclaim does not arise out of same t/o

Answer 34

it’s permissive

Question 35

Under Fed 13, a party may assert as a cross-claim any claim he has against a co-party that arises from the same t/o, and once he doesn’t, he may join

Answer 35

all claims he has against a party as independent or alternative claims

Question 36

under Erie, a federal court, in the exercise of its diversity jurisdiction, is required to apply

Answer 36

the substantive law of the state in which it is sitting

Question 37

conflict of law rules are procedural/substantive

Answer 37

substantive