goat tricks

Question 1

can the plaintiff ever really remove a case in civ pro?

Answer 1

no theyre the master of the lawsuit. the defendant can remove shit not the plaintiff. why would u file a lawsuit somewhere and then try to move it get fucked

Question 2

can a defendant remove to their home state in a diversity action?

Answer 2

no. fed court is less biased venue anyway, but you can’t like. have home court advantage.
BUT IN A FEDERAL QUESTION ACTION THE DEFENDANT CAN REMOVE TO THE STATE THEY ARE FROM THEY WILL TRY TO TRICK U W THIS

Question 3

federal question case: can defendant remove to the same state theyre from?

Answer 3

yes

Question 4

federal diversity case: can defendant remove to the same theyre from?

Answer 4

no

Question 5

how many days to remove?

Answer 5

30

Question 6

anytime a judge makes a choice on some shit to do, the standard of review will be:

Answer 6

abuse of discretion

Question 7

how can you tell if there’s an abuse of discretion review question afoot

Answer 7

the word permitted . fr fr

Question 8

default judgment means what

Answer 8

mofo just didnt even show up to defend their case. thats it. who can enter the judgment? judge or clerk

Question 9

what does “tried to the court” mean?

Answer 9

bench trial

Question 10

whats up w bench trials

Answer 10

FRCP 52(a)(1) says judge needs to “find the facts specially and state the conclusions of law separately.” doesnt have to be in writing orally is fine

-just watch out for judges saying like heres da judgment, later! nope not allowed. he needs to talk about why he ruled so the parties can appeal later on if need be

Question 11

rules re: voluntary dismissal

Answer 11

-u get one voluntary dismissal
-try it again no more refile babes - operates as an adjudication on the merits

Question 12

mistake, fraud, newly discovered evidence: how long do u have to bring it back up ie motions for relief?

Answer 12

1 year

Question 13

if the judge lets in bad evidence and u lose, whats the best way to attack the verdict?

Answer 13

motion for a new trial! u get one if:
-jury does some crazy shit
-judge fucks up
-jury gives u wayyyyy too high verdict like wtf

Question 14

can u move for RJMOL without first having moved for JMOL?

Answer 14

fuuuuuck no. what are you even renewing then? no

Question 15

how do u win a RJMOL?

Answer 15

-more than a mere scintilla of evidence
RJMOL = SS
substantial or scintila

Question 16

conduct speech test for o’brien

Answer 16

substantial

Question 17

legal standard for JMOL

Answer 17

LARGE SNAKES EAT BORDS
-LEGALLY
-SUFFICIENT
-EVIDENTIARY
-BASIS

Question 18

can u extend an RJMOL motion??

Answer 18

no u get 28 days and that is it. FRCP says no extnesion

Question 19

legal standard for Summary Judgment

Answer 19

GDMF.- god damn mother fucker
-genuine
-dispute of
-material
-fact

Question 20

how is a judgment on the pleadings decided?

Answer 20

judge rules on case by only looking at complaint and answer
ALL PLEADINGS MUST BE FILED
AND
U GOTTA FILE AN ANSWER TO THAT COUNTERCLAIM BEFORE U CAN FILE A JUDGMENT ON THE PLEADINGS THE END

Question 21

didnt object? what is ur only recourse

Answer 21

plain error. they will test this.

Question 22

can u have fewer than 6 jurors??

Answer 22

yeah if everyone agrees on it
doesnt have to be unanimous either
but not for criminal trials - then u need at least 6 and they must be unanimous fr

Question 23

are u guaranteed a right to a jury trial in equitable actions?

Answer 23

nope

Question 24

when do u file to demand a jury trial?

Answer 24

14 days after defendant files answer
if the defendant never files the answer the clock starts ticking

Question 25

which comes first - equitable or legal claims?

Answer 25

get that bag first. legal first. then injunctions.

Question 26

if the court issues a final pre trial order it can only be modified to______

Answer 26

prevent manifest injustice

Question 27

can you impleade or cross claim someone saying they are solely liable to the plaintiff?

Answer 27

fukckkckckckc no

Question 28

what does Intelligent Cats Love Fish stand for as a mnemonic?

Answer 28

Intervention - Common - Law - Fact

Question 29

how can you tell it's an intervention question?

Answer 29

answer choice says common law or fact in it!!

Question 30

what does Rule 11 do?

Answer 30

prevents filings that are legally unreasonable without factual foundation

Question 31

what do you need to know about safe harbor provision??? they WILL TEST ON THIS

Answer 31

before you move for sanctions w/daddy judge, you have to SERVE A MOTION FOR SANCTIONS ON THE OPPOSING PARTY AND GIVE THEM 21 DAYS TO CORRECT THEIR WILDLY FUCKED UP PLEADING IF THEY WITHDRAW IT OR CORRECT IT WITHIN 21 DAYS = NO SANCTIONS

Question 32

if a lawyer for a party makes a frivolous legal argument, can the court impose sanctions on the CLIENT themselves?!

Answer 32

nah. wasnt their fault.

Question 33

transfer =

Answer 33

from the federal court system to the federal court system. stays in the federal court system. i cannot be any clearer.

Question 34

forum non conveniens

Answer 34

from the federal court system to OUTSIDE THE FEDERAL SYSTEM AKA OUTSIDE THE DAMN COUNTRY (or to a state court system)

Question 35

if its a transfer or forum non conveniens problem, what will the answer say (general rule not like, rote here)

Answer 35

"because the evidence and/or witnesses are located there"

Question 36

what types of allegations require wayyyy more specificity in the initial pleading?

Answer 36

fraud, mistake, or special damages

Question 37

what are the two types of amendments in pleading and how are they used etc

Answer 37

1) amendment as of right -amend once within 21 days -amendment with permission after 21 days (ie u can amend with consent of the court or the other party as of day 22)

Question 38

can you file an amendment adding a new claim past the SOL?

Answer 38

yes IF it's related to the same FACTS

Question 39

what is required for amendments adding a new party?

Answer 39

-mistake of identity -other party actually gets served within the SOL period

Question 40

if a TRO is extended past 28 days what happens?

Answer 40

it is treated as a preliminary injunction and becomes immediately appealable

Question 41

is a witness being unavailable for a TRO hearing bc they are on vacation "good cause" to extend?

Answer 41

noooooope

Question 42

TRO SOL/timeline?

Answer 42

14 days but can be extended w/good cause ONLY ONCE up to 28 days

Question 43

what 3 things must a TRO do?

Answer 43

1) state reasons why it was issued 2) state its terms specifically 3) describe in reasonable detail the acts restrained