final af

Question 1

Venue

Answer 1

1. District where the defendant resides, district where any defendant resides (if multi must be from the same state)
2. Where Substantial events occurred (only events that directly give rise to the claim)
3. where subject to personal jurisdiction

Question 2

supplemental jurisdiction

Answer 2

*same case or controversy
*common nucleus of operative fact
*cannot defeat diversity
*court has discretion

Question 3

Forum Non Conveins

Answer 3

1. Adequate (some $, or no corrupt)
2. Balancing Test
   *private- access to evi
   *public- case local?
3. Plaintiffs Choice
   (court must jurisdiction, court has discretion)

Question 4

Pleadings

Answer 4

• a party may plead multiple theories
  short & plain statement
  1. states courts jurisdiction
  2. entitled to relief
  3. demand for relief

Question 5

amendments (relation back)

Answer 5

21 day east amendment
cant be bad faith or it death knell
**must be from the same conduct, transaction, occurrence
-usually favored as long as it does not prejudice the other side, by introducing new issues or delaying the case

Question 6

Federal Rule 9

Answer 6

1. Circumstance (greater specificity/particularity)
2. Malice (general)
3. Intent (general)
   MIC

Question 7

Relevance

Answer 7

*understood broadly
*allows discovery of any non-privieged matter relevant to any partys claim or defense

Question 8

initial discovery

Answer 8

1. names of witnesses that will support claim or defense
2. documents inteded to use as evi
3. damages/insurance

Question 9

work product doctrine

Answer 9

1. define relevance,
2. only in anticipation of litigation,
3. mental impressions are never discoverable
4. it is a qualified privilege (not auto required)
5. a balance of relevant info and the need to protect work product of attorneys
6. ** typically not discoverable
7. Substantial need
8. without undue hardship (no burden)

Question 10

summary judgment

Answer 10

1. before trial
2. moving party burden to show no genuine issue of material fact
3. if shown, burden shifts
4. court credits admissiable evi from nonmovant
5. no reasonable jury could find

Question 11

JMOL

Answer 11

1. during trial but before jury
2. insufficient evi
3. evi viewed in favor of non
4. no reasonable jury, one verdict possi

Question 12

Rule 50 a/b

Answer 12

JMOL first motion rule 50a
if not granted and then jury finds opposing can motion rule 50b but can only renew arguments

Question 13

Rule 59

Answer 13

1. flawed verdict
2. flawed procedure
   **verdict is against the great weight of evi

Question 14

claim (transaction preclusion

Answer 14

sweeps broadly
1. Same claim
2. same parties or privity
3. valid final judgment (court has juris)
4. on the merits

Question 15

Issue Preclusion- collateral estoppel

Answer 15

1. Same Issue (of fact or law)
2. Actually litigated and determined
3. Valid judgment
4. Determination essential to the judgment
5. Adequate opportunity

Question 16

federal rule 11

Answer 16

*ONLY FOR PLEADINGS requires attorneys to ensure pleadings, motions, are legally justified, not meritless
must be filed separately
1. opposing party serves
2. safe harbor of 21 days
3. if not action, file with the court

Question 17

motion to strike

Answer 17

commonly used to strike affirmative defenses
removes claims that fail under the substantive law

Question 18

privilege

Answer 18

protects info from certain sources from disclosure in discovery
*waived if not asserted
* description of the docs nature
* names of authors/recipients
*bases of the priviledge

Question 19

equitable claims

Answer 19

to do/not do something
specific performance
often handled without a jury

Question 20

legal claims

Answer 20

monetary damages
entitled to a jury trial

Question 21

judge recusal

Answer 21

1. financial interest
2. prior involvement as a lawyer
3. impartiality may be questioned

Question 22

appealing decisions

Answer 22

1. only a party who has not settled
   *only if suffered an adverse outcome
   *winning party can if their theory was not accepted
   *must raise objections during trial, unless it is a plain error

Question 23

interlocutory ruling

Answer 23

temporary court decisions, that do not resolve the entire case, are not appealable until a final judgment.

Question 24

Interlocutory appeals

Answer 24

appeals of mid case decisions
permitted in circumstances in which it could be irreversible decision
*like a denial of qualified immunity

Question 25

Rule 54b - multiple claims or parties ONLY

Answer 25

the court can issue final judgements on some issues *court must state that there is "no just reason for delay" *makes those decisions immediately appealable

Question 26

Rule 4

Answer 26

*notice of publication is insufficient for parties whose names and adresses are known *anyone 18+ and not a party can serve the summons *a defendant can waive formal service gives them 60 days instead of 21 days *service must be completed within 90 days after filing (or can be dismissed)

Question 27

who cannot waive service

Answer 27

minors, incapacity entities of the US

Question 28

claim is defined by

Answer 28

-the underlying transaction all claims arising under that transaction that the court has jurisdiction over -have to apply state substantive law

Question 29

claim preclusion beginning sentence

Answer 29

Claim preclusion, also known as res judicata, bars the relitigation of claims that were or could have been raised in a prior lawsuit if certain elements are met.

Question 30

relevance points

Answer 30

1. non privi matter rele to claim/def 2. broad 3. admissi not required

Question 31

electronically stored info that should have be preserved but was not

Answer 31

if found negli- "be nor greater than necessary to cure the prejudice if found intenti- "most serious saction

Question 32

when parties must confer first

Answer 32

- before initial discovery - before sanctions can be imposed

Question 33

to compel a medical examination

Answer 33

- court order -good cause

Question 34

proportionality

Answer 34

reasonable for the needs of the case, cannot be overbroad (wanting all of customer complains, court ordered just to specific incidents and within 5 yrs)

Question 35

unreasonable expense

Answer 35

- defendant created system that deleted docs after 3 days, and made info irretrievable unless with 45k - was their own fault, their own system so must compel to retrieve

Question 36

extra things ab summ judg.

Answer 36

- you cannot appeal simmary judgment - two usual ways to move, pointing out absence of evi (celotex) -or submitting evi to disprove an essential evi (tolan)

Question 37

rule 55 default judgment

Answer 37

- if a defendant is properly served and fails to respond - mostly for creditor suits for debt, or liens - default judg without proper service is void

Question 38

rule 60 - relief from judgment

Answer 38

- courts have discretion to reopen defaults allowing cases to be resolved on their meirs

Question 39

demand for jury in pleadings

Answer 39

- party may request a jury directly within pleadings, demand must be made within 14 dats after the last pleading, if it is entitled to a jury - mostly should be included in the initials pleadings for relief

Question 40

when diversity matters for removal

Answer 40

jurisdictional requirements must be met at the time judgment is entered, not when when the case was removed