Civ Pro

Question 1

What are the 3 types of Subject Matter Jurisdiction?

Answer 1

1. ) Federal Question
2. ) Diversity Jurisdiction
3. ) Supplemental Jurisdiction
4. ) Removal

Question 2

What is required for Federal Question Jurisdiction?

Answer 2

The Federal issue must be presented in the Plaintiff’s “well-plead complaint”

A federal defense is not sufficient

Question 3

What is required for Diversity Jurisdiction?

Answer 3

1.) Diversity - must be complete diversity between the parties

Individuals: domiciled where they are present with intent to remain indefinitely

Corporations: Domiciled where incorporated AND where the principal place of business is located.

2.) Amount in Controversy - Must exceed $75K

Injunctive Relief: can have monetary value assigned

Multiple defendants: can aggregate dollar amounts if jointly liable

Question 4

What is Supplemental Jurisdiction?

Answer 4

Court may exercise supplemental jurisdiction over additional claims so long as the claims arise out of a common nucleus of operative fact as the original claim

Question 5

How does Federal Question jdx work within Supplemental Jurisdiction?

Answer 5

1. ) Plaintiff can bring state law claims that are related to the federal claim
2. ) An additional plaintiff can bring a state law claim against the defendant if related to the original plaintiff’s federal claim
3. ) A defendant can bring a cross-claim against another defendant so long as the claim is related to the original plaintiff’s federal claim.

Question 6

How does Diversity JDX work within Supplemental JDX?

Answer 6

1. ) Plaintiff can bring any state law claim related to the basis of the original claim
2. ) An additional plaintiff can bring a related state law claim against the defendant so long as the plaintiff does not destroy diversity.
3. ) A defendant can bring a cross-claim against another defendant so long as it is related to the original claim.

Question 7

When do courts have the authority to reject supplemental jurisdiction

Answer 7

1. ) The claims are complex and predominate the lawsuit
2. ) The federal law claims are dismissed; or
3. ) There are any other compelling reasons to decline jdx.

Question 8

What is Removal?

Answer 8

Plaintiff files in state court and a defendant seeks to remove to federal court

Defendant may remove so long as the federal court can exercise SMJ over the case

Motion for removal must be filed within 30 days of receiving the complaint.

Question 9

What are the 3 traditional basis for Personal Jurisdiction?

Answer 9

1. ) Service while voluntarily present
2. ) Domicile
3. ) Consent

Question 10

What do most state statutes allow concerning PJ? (on the exam)

Answer 10

to the extent allowed by the constitution. (Long arm statutes)

Question 11

What are the 2 requirements for Due Process under a long-arm statute?

Answer 11

1. ) minimum contacts

2. ) Fairness (fair play and substantial justice

Question 12

What is “minimum contacts?

Answer 12

a. ) purposeful availment - reasonably foreseeable to be sued in the state
b. ) relatedness (defendant’s conduct in relation to the action

Question 13

What is specific jurisdiction? (Under the umbrella of long arm statute due process)

Answer 13

The Action arises out of defendant’s conduct

Question 14

What is general jurisdiction?

Answer 14

Defendant is essentially at home in the jdx

Question 15

Where is a corporation at home?

Answer 15

Where incorporated and where its principal place of business is located

Question 16

Which federal district can the original action be filed in? (For appropriate venue)

Answer 16

1. ) Any district in which the defendant resides if all defendants reside in the state where the district is located
2. ) Where a substantial part of the events or omissions occurred, or where the property is situated, or
3. ) If neither of the above apply, venue is proper in a judicial district where any defendant is subject to PJ.

Question 17

What is the Transfer of Venue Analysis?

Answer 17

1. ) Is there PJ?
2. ) Is there SMJ?
3. ) Is venue appropriate in the new district?
4. ) Is transfer to the new venue in the interest of justice.

Question 18

What does the Eerie doctrine stand for?

Answer 18

In a diversity case, a federal court applies state SUBSTANTIVE law

Question 19

What makes a state law Substantive?

Answer 19

1. ) A state law that alters the calculation of damages is substantive
2. ) A state law regarding a statute of limitations is substantive
3. ) A state law that creates evidentiary privileges is substantive.

Question 20

What is a TRO?

Answer 20

Temporary Restraining Order - a party seeks to maintain the status quo prior to a hearing for a preliminary injuction

Question 21

What must be shown to obtain a TRO?

Answer 21

1. ) Immediate and irreparable injury would occur absent the TRO?
2. ) An effort was made to give notice to the opposing side

A Court may grant a TRO without the opposing party present

Question 22

What must a plaintiff show to get a Preliminary Injunction?

Answer 22

1. ) Likely to succeed on the merits
2. ) Likely to suffer irreparable harm in absence of injection
3. ) Balancing the equities in favors granting; and
4. ) Injunction is in the best interests of the public.

Question 23

Are rules governing service of process substantive or procedural?

Answer 23

Procedural

Question 24

How do you serve a corporation?

Answer 24

Service may be made on an officer, managing agent, general agent, or agent appointed or authorized by law.

Question 25

When can a lack of SMJ motion be raised?

Answer 25

Can be raised any time, even on appeal

Question 26

When can a lack of PJ be raised?

Answer 26

Must be raised at the first opportunity (the first pre-answer motion or, if none, the answer)

Question 27

When can improper venue motion be raised?

Answer 27

First opportunity

Question 28

When can an insufficient processionals motion be raised?

Answer 28

First opportunity

Question 29

When may a failure to state a claim or failure to join a necessary party under Rule 19 be raised?

Answer 29

May be raised in any pleading, in any motion for judgment on the pleadings, or at trial.

Question 30

What is the Relation Back, Rule 15 Amendment?

Answer 30

Plaintiff may amend its pleading once as a matter of right within 21 days after service on the defendant Otherwise, a party may seek leave of the court or written consent from opponent.

Question 31

What must have happened previously for a plaintiff to add a new claim?

Answer 31

1. ) The original complaint was timely, AND | 2. ) The new claim arises out of the same transaction or occurrence as the original claim

Question 32

What is needed to add a new defendant?

Answer 32

1. ) The claim arose out of the same conduct, transaction, or occurrence 2. ) The new defendant received notice of the action within 90 days of the original complaint; and 3. ) The new defendant knew or should have known that but-for a mistake, he would have been a party to the original complaint.

Question 33

What is Rule 11 standing for Filing?

Answer 33

1. ) When an attorney (or unrepresented party) submits a pleading, motion, or other signed document, he certifies the documents are filed in good faith 2. ) If challenged, he must withdraw or revise the document 3. ) May be subject to sanctions for violation of the rule.

Question 34

What are the Requirements for Compulsory Joinder of Parties?

Answer 34

1. ) The party must be necessary 2. ) There must be PJ over the new party 3. ) There must be SMJ (adding the party cannot destroy diversity) (If adding the party would ruin diversity, the court must decide whether the party is indispensable (dismiss) or not (proceed without)

Question 35

When is a party "Necessary?"

Answer 35

1. ) Court cannot afford complete relief without the party 2. ) There is danger that the party would be harmed without joining, OR 3. ) There is a risk of an inconsistent judgment or double liability

Question 36

What are the Factors to determine whether a new party is indispensable?

Answer 36

1. ) Extent to which judgment would prejudice the parties in the person's absence; 2. ) Extent to which prejudice could be reduced or avoided by protective provisions; 3. ) Whether a judgment rendered would be adequate; and 4. ) Whether the plaintiff would have an adequate remedy if action were dismissed for non-joinder

Question 37

When can a cross-claim be brought?

Answer 37

Can bring a cross-claim so long as it arises out of the same transaction or occurrence as the plaintiffs original claim. Must have SMJ over the cross-claim (federal question, diversity, supplemental) Example: A plaintiff sues two defendants. The issue is whether defendant 1 can sue defendant 2.

Question 38

What is Impleader?

Answer 38

When a defendant tries to pull a third party back into a lawsuit

Question 39

What is needed for Impleader?

Answer 39

Impleaded claim must relate to the original claim between the plaintiff and the defendant Court must have SMJ over the impleded claim

Question 40

What is Intervention? (Rule 24)

Answer 40

A nonparty is seeking to join the lawsuit

Question 41

Intervention as of right if?

Answer 41

1. ) nonparty has an interest in the subject matter of the action; 2. ) The action may affect their interest; or 3. ) The nonparty's interest is not adequately represented by the existing parties

Question 42

Permissive intervention is allowed if...?

Answer 42

1. ) Non party is granted a conditional right under federal statute; or 2. ) Nonparty has a claim or defense related to the original cause of action.

Question 43

What is the Scope of Discovery?

Answer 43

1. ) Parties may discover any non-privileged matter that is relevant to a claim or defense 2. ) Court may limit discovery if unduly expensive or burdensome 3. ) Does not need to be admissible evidence in order to be subject to discovery 4. ) A party may not discover privileged information.

Question 44

What is the Work Product Privilege

Answer 44

It protects materials prepared by a party in anticipation of litigation

Question 45

What is the Exception(s) to work-product privilege?

Answer 45

a. ) information is not reasonably available by other means b. ) the party would be substantially prejudiced if not allowed to access the materials. a party can never discover the mental thoughts and opinions about the case

Question 46

If the Expert is not called as a witness, is his report discoverable?

Answer 46

Only in EXCEPTIONAL circumstances

Question 47

Can a physical or mental exam be compelled?

Answer 47

They can be compelled if the party's mental or physical condition is at issue

Question 48

Who can be deposed?

Answer 48

1. ) a party can depose a party or non-party 2. ) To depose nonparty, must serve a subpoena 3. ) Can also request that a nonparty produce documents by serving a subpoena duces cecum

Question 49

What is a Summary Judgment Motion?

Answer 49

Asserts that there is no genuine dispute as to any material fact and the party is entitled to judgment as a matter of law

Question 50

Which amendment gives people the right to a jury trial?

Answer 50

The 7th amendment - right to trial by jury when damages exceed $20.

Question 51

When must a jury trial be demanded?

Answer 51

Must demand jury trial within 14 days after service of last pleading.

Question 52

When is a Judgment as a matter of law (directed verdict) appropriate?

Answer 52

1. ) Motion made by either party at the close of plaintiff's evidence or the close of all evidence 2. ) Granted if no reasonable person could differ as to the outcome.

Question 53

What is a renewed motion for judgment as a matter of law (JNOV)

Answer 53

1.) Motion for judgment as a matter of law is denied and the issue goes to the jury The jury deliberates and delivers a verdict. Renewed motion for judgment as a matter of law asks the court to override the jury's verdict Can only renew this motion if it was made earlier.

Question 54

What are the requirements for appeal?

Answer 54

1. ) Generally there must be a final judgment | 2. ) Interlocutory appeal allowed after the denial or grant of an injunction

Question 55

What are the 3 requirements for Claim Preclusion?

Answer 55

1. ) The same plaintiff and the same defendant from lawsuit #1 2. ) Lawsuit #1 ended in a valid judgment on the merits; AND 3. ) Claimant is asserting the same claim as in lawsuit #1

Question 56

What are the 4 elements for Issue Preclusion?

Answer 56

1. ) Same issue was actually litigated 2. ) Final valid judgment on the merits 3. ) Issue was essential to the judgment, AND 4. ) Mutuality (must be fair for new plaintiff to assert same issue).