misc

Question 1

when is a P required to respond to the D’s answer to P’s complaint?

Answer 1

only when ordered by the court

Question 2

When an issue is not clearly substantive or procedural and no federal law directly applies, Erie requires that federal courts sitting in diversity apply state law if:

Answer 2

(1) it would be outcome determinative—i.e., failure to apply it would result in forum-shopping or inequitable administration—and (2) there is no contrary federal interes

Question 3

3rd party complaint (imp leader) must be filed within how many days?

Answer 3

14 days

Question 4

For Issue Preclusion to apply (barring it to be litigated again), all of these must be met:

Answer 4

(i) the issue sought to be precluded must be the same as that involved in the prior action;
(ii) the issue must have been actually litigated in the prior action;
(iii) the issue must have been determined by a valid and binding final judgment; and
(iv) the determination of the issue must have been essential to the prior judgmen

does not require strict mutuality of parties, but only that the party against whom the issue is to be precluded

Question 5

claim preclusion states: