Civ Pro General

Question 1

Due Process

Answer 1

5th and 14th amendments - may not be deprived of life, liberto or property without due process

Question 2

Federal SMJ

Answer 2

Diversity of citizenship + $75k;
or federal question; or
supplemental jurisdiction (additional claims brought in arising from same TOO)

Question 3

Personal Jurisdiction

Answer 3

D resides there or has engaged in conduct with sufficient connection there

Question 4

Venue

Answer 4

location where suit is brought

Question 5

Remedies

Answer 5

Compensatory $;
Punitive $;
Declaratory
Injunctions

Question 6

Voluntary Dismissal by Plaintiff - Rule 41

Answer 6

By Plaintiff:
w/o court order if b/f answer filed or MFSJ
by stipulation of all party
w/o prejudice unless claim previously dismissed

Question 7

Involuntary Dismissal by Plaintiff - Rule 41

Answer 7

if P fails to prosecute or comply
operates as an adjudication on the mertis
Any counterclaim will remain

Question 8

Jury Verdict - Bifurcation/Trifurcation

Answer 8

can separate into 2-3 potential trials, usually liability, causation, damages

Question 9

Additur

Answer 9

no longer used - award more money to P

Question 10

Remittitur

Answer 10

Judge going to grant new trial unless you take less mondy

jury’s decision was rooted in passion and prejudice, not evidence

Question 11

Injunctive Relief - Rule 65

What is it?

Answer 11

Specific performance
reformation
Recission
Injunction
Temporary Restraining Order

Question 12

Reformation

Answer 12

Judge rewrites contract

Question 13

Rescission

Answer 13

Judge removes part of a contract

Question 14

Injunction

Answer 14

you will/will not do X

injunctive relief issued only if legal remedy is inadequate

Question 15

Contempt

Answer 15

disobedience to a court order

Question 16

Civil Contempt Purpose

Answer 16

to compensate or to coerce

Question 17

Criminal contempt purpose

Answer 17

to vindicate the authority of the court

Question 18

Contempt enforcement

Answer 18

Civil: don’t have to pay if order is wrong
Criminal: do have to pay if order is wrong

Question 19

Contempt

Civil v. Criminal

Answer 19

Nature of proceeding, not actions, classifies whether criminal or civil contempt