Civ Pro [the essentials]

Question 1

Venue

Answer 1

1) any district where all the Ds reside
2) any district where a substantial part of the claim arose, or substantial part of property is located

Question 2

Complaint

Answer 2

State:
1) grounds for SMJ
2) short and plain statement showing P is entitled to relief
3) demand for relief

Must plead sufficient facts to support a plausible claim

Question 3

Relation back

Answer 3

Amendment after SOL has run

To change D:
-same conduct, transaction and occurrence
-D has such knowledge of the case that they will be able to avoid prejudice
-D knew or should have known that, but for this mistake, thy would have been named originally

Question 4

Claim joinder

Answer 4

must:
1) arise from the same T + O
2) raise at least one common question of law or fact

Question 5

Necessary party

Answer 5

1) is party necessary
2) if so–can they be joined?
3) if they cannot be jointed, then can the action proceed without them

Necessary means:
-the court won’t be able to accord complete relief among existing parties without party
-the absentees interests could be harmed if they do not join
-not having them might subject D to multiple obligations

If CANNOT be joined: court must look to
-alternative forum available
-actual likelihood of harm to absentee
-can court sharp relief to avoid harm

Question 6

Compulsory Counterclaim

Answer 6

arises from same T+O as Ps claim
if not brought then waived

Question 7

Permissive counterclaim

Answer 7

does not arise from same T+O
will not be waived

Question 8

Class Action

Answer 8

Requirements:
1) numerosity
2) commonality
3) typicality
4) representation

NIGHT COULD TURN REAL

Question 9

Medical Exams

Answer 9

Court order is required - parties only
1) health in controversy AND
2) good cause

Question 10

Scope of Discvoery

Answer 10

Can discover anything relevant to claims and defenses + proportional to the needs of the case

Question 11

Preliminary Injunction

Answer 11

CAN APPEAL IMMEDIATELY

Must show that:
1) there will likely be irreparable harm if not issued
2) likelihood of success on the merits
3) balance of hardships
4) injunction in the public interest

Question 12

Temporary Restraining Order

Answer 12

used while waiting for a hearing for a PI
Have to show the same things

maintain the status quo

CAN DO ex parte if can show:
1) file paper under oath showing that without inunction there will be irrerperable harm
2) lawyer must certify in writing about efforts to give notice to D

Question 13

Motion to Dismiss for Failure to State a Case

Answer 13

Court looks only to allegations of facts in complaint

Do these facts if true state a claim

If made after D has answered - motion for judgement on the pleadings

Question 14

Motion for SJ

Answer 14

After case is filed and Rule 12 motions done

Must show:
1) there is no genuine dispute of material fact
2) party is entitled to judgement as a matter of law

Question 15

Motion for Judgement as a Matter of Law

Answer 15

Standard: Reasonable people could not disagree as to the result

Question 16

Claim Preclusion

Answer 16

1) same p v. d
2) same claim
3) final judgement on the merits

Question 17

Issue Preclusion

Answer 17

1) case ended in final judgement on the merits
2) issue actually litigated
3) issue was essential to the judgement in the case
4) can ONLY be used against previous party

Non-mutual defensive issue preclusion: D in case II uses against P in case II

Non mutual offensive issue preclusion: P in case II uses against D in case II
-almost never OK