Civil Procedure

Question 1

Under what circumstances may a clerk enter default judgment?

Answer 1

When:

1. The amount in dispute is for a certain sum.
2. The defendant has NOT appeared.
3. The clerk serves notice to defendant.

Question 2

Three grounds for a nonparty to be “required” and which permit the court to force them into the case?

What happens if the court lacks PJ over the absentee?

Answer 2

1. Without the required party, the court cannot afford complete relief among the parties
2. The absentee’s interest may be harmed if not joined
3. Absentee claims an interest that subjects the defendant to a risk of multiple obligations

Absent PJ: try to move the case, shape the judgment to avoid the harm, or dismiss the case

Question 3

Define “compulsory crossclaim”

Answer 3

Not a thing! ONLY counterclaims can be compulsory. Crossclaims are brought against coparties, and they are permissive EVEN if the claim arises from the same transaction or occurrence as the original complaint.

Question 4

CONFLICTS: What are the requirements for full faith and credit?

Answer 4

1. The rendering court had jurisdiction (PJ and SMJ)
2. The decision was on the merits
3. Finality

Question 5

“The governing law is selected by the forum court according to its choice of law approach”

Just memorize this sentence.

Answer 5

Didja memorize it?

Question 6

How does diversity jurisdiction change the choice of law general rule?

Answer 6

When sitting in diversity, a federal court (instead of applying its own choice of law approach) applies the approach of the state in which it sits.

Question 7

Vested Rights Approach (traditional)

Answer 7

Apply the law of the state mandated by the appropriate vesting rule. Which rule applies is determined by the substantive area of law.

Question 8

Most Significant Relationship (second restatement)

Answer 8

Apply the law of the state which is most significantly related to the case considering facts and policy principles relevant to the substantive area of law.

Question 9

Interest Analysis (Governmental interest) Approach

Answer 9

The forum state will apply its own law as long as it has a legitimate interest in the case; otherwise, it will apply the law of another interested state.

Question 10

Substantive Area: Torts

Vesting Rule? (first restatement)
Considerations? (second restatement)

Answer 10

VESTING RULE: Location of injury

CONSIDERATIONS:
Facts: location of injury, conduct causing it, where parties are at home, where their relationship is centered
Policies: the forum state and other connected states

Question 11

Substantive Area: Contracts

Vesting Rule? (first restatement)
Considerations? (second restatement)

Answer 11

If choice of law provision, apply it if: has reasonable relationship to the contract and parties consented.

VESTING RULE: location of performance or formation (depending on the case)

CONSIDERATIONS:
Facts: location of contracting, negotiation, performance, where the parties are at home
Policies: expectations of the parties, the policy of the forum state and other connected states

Question 12

Substantive Area: Property (real and moveable)

Vesting Rule? (first restatement)
Considerations? (second restatement)

Answer 12

ALL THE SAME.

REAL: Situs (location of the property).
MOVEABLE: situs at time of transaction, or decedent’s domicile at time of death

Question 13

Substantive Area: Family

Marriage
Divorce

Answer 13

Marriage is valid everywhere (unless age/incest/polygamy, etc.). Full faith & credit.

Divorce always applies the forum state rule

Question 14

Three choice of law approaches?

Answer 14

Vested Rights
Most Significant Relationship
Interest Analysis