Fed Civ Pro

Question 1

Personal Jurisdiction

Answer 1

Staisyf a state statute and

satisfy the constitution (due process

Question 2

Minimum contacts

Answer 2

Purposeful availment

foreseeability

Question 3

relatedness

Answer 3

does P’s claim arise from D’s contact with forum?

Question 4

Fairness

Answer 4

only matters in specific PJ-
Burden on D and witnesses
State’s interest
Plaitneiffs interest

Question 5

Diversity of Citizenship (and alienage)

Answer 5

No P and D can be a citizen of the same state

Amount in controversy must exceed 75k

Question 6

Citizenship of natural person

Answer 6

physical presence there and

intent to make that your permanent home

Question 7

citizenship of a corp

Answer 7

state or country where incorporated and

staet or country of principle place of business

Question 8

Citizenship of partnership or LLC

Answer 8

anywhere its members live

Question 9

Aggregation

Answer 9

adding two or more claims to meet amount requirement

ok to aggregate claims of one P against one D- can also aggregate factually unrelated claims

Question 10

Federal Question Cases

Answer 10

Complaint arises under federal law

Question 11

supplemental jurisdiction

Answer 11

Must share common nucleus of operative fact (transaction or occurence)
LIMITation:
in a diversity case, plaintifff cannot use supplemental jurisdiction to overcome a lack of diversity

Question 12

Removal

Answer 12

must be done within 30 days of service of process
Limitation:
No removal if any D is a citizen of the forum state and
no removal more than one year after case was filed in state court

Question 13

Erie Doctrine

Answer 13

is there a federal laaw on point that directly conflicts with state law? choose federal
If no federal law, if issues is “substantive apply state law
If no federal law and not substantive, can make fed common law

Question 14

Venue

Answer 14

proper in any district where all residents reside or substantial part of claim arose

Question 15

substituted service

Answer 15

Defendants usual abode

serve someone of suitable age and discretion who resides there

Question 16

complaint

Answer 16

statement of grouds of subject matter jurisdiction
short and plain statement of the claim, showing entitled to relief
demand for relief sought
Also must plead some facts supporting a plausible claim

Question 17

Pleading with particularity or specificity

Answer 17

Frud, mistake and special damages- they need more!

Question 18

Defendants Response

Answer 18

withing 21 days, or 60 if you waived service
Rule 12 motion, or answer including:
Admit
Deny
State that you lack sufficient infor to admit or deny

Question 19

Rule 12 b motions

Answer 19

1. Lack of SMJ
2. Lack of PJ
3. Improper Venue
4. Improper Process
5. IMproper Service of process
6. Failure to state a claim
7. Failure to join indispensable party
   2345 are waivable

Question 20

Compulsory Counterclaim

Answer 20

Arises from sam T/O as P’s claim- against an opposing party. Must file or it is waived.

Question 21

Crossclaim

Answer 21

Claim against a coparty- must arise from same T/O- still need to have SMJ

Question 22

amended pleadings

Answer 22

right to amend 21 days after def servers her first rule 12 response
or court can just grant leave
Variance- when evidence is not what is being charged-

Question 23

Relation Back

Answer 23

amended pleadings relate back if they concern the same conduct, T/O as oringinal pleading
To change Def after SOL has run,
if it concerns the same conduct, T/O
new party knew of this case within 120 days of its filing
and knew that it was a mistake

Question 24

Initial Disclosures

Answer 24

within 14 days of rule 26f conference each party must disclose
identies of persons who have discoverable info that you may use to support your claim
documents and things you may use to support your claim
computation of monetary relife
insurance coverage

Question 25

Expert Witnesses

Answer 25

must disclose indentity and written report prepared by EW including
opinions
bases for opinions
facts used
EW's qualificaitons
how much being paid

Question 26

Relevant

Answer 26

anything reasonably calculated to lead to the discovery of admissable evidence

Question 27

Work product

Answer 27

anything prepared in preparation for trial

Question 28

necessary parties

Answer 28

without A court cannot accord complete relief among parties
a’s interest may be harmed if he is not joined
a claims an interest that subjects a party to a risk of multiple litigation
Can be joined if there is PJ and joining would not goof up diversity

Question 29

impleader

Answer 29

bringing in a new third party. Never compulsory. Can only be done by D to shift liability- normally for indemnity

Question 30

Intervention

Answer 30

nonparty brings themselves into case

Question 31

Class action

Answer 31

Type 1: class treatment necessary to avoid harm to class member
Type 2: Class seeks an injunction or declaratory judgment
Type 3: damages!  1 common questions predominate and class action is best method (most common)

Question 32

ex parte TRO

Answer 32

applicant files under oath that will suffer immeiate and irreperable harm if he must wait till othere side is heard
lawyer certifies in writing his efforts to give notice to D

Question 33

prelim injunction

Answer 33

never ex parte!
Applicat must show: likely to suffere irreparable harm
likely to win on merits of case
balance of hardships favors him
injunction is in public interest

Question 34

12(b)(6)

Answer 34

motion to dismiss for failure to state a claim- if the facts were true, would plaintiff win a judgment?

Question 35

Motion for Summary Judgment (frcp56)

Answer 35

there is no genuine dispute on a material fact
entitled to judgment as a matter of law
must be within 30 days of close of discovery

Question 36

Jury Trial

Answer 36

Seventhh amendment guarantees for “civil actions” at law- not incorporated!
Damages- civil actions
Injunction- equity- court decides!

Question 37

General Verdict

Answer 37

Jury decides who wins and what relief is. clerk of cour enters judgment

Question 38

Special Verdict

Answer 38

Jury answers specific questions about facts in dispute. Judge reacesh legal conclusions

Question 39

General verdict with interrogatories

Answer 39

Jury gives gen verdict, answers specific questions-

Question 40

RJMOL

Answer 40

must be given within 28 days of entry of judgment, cannot be raised unless already raised JMOL

Question 41

Remittur

Answer 41

court orders P to take a lesser reward or go through new trial- totally ok in state and fed court

Question 42

Additur

Answer 42

Dpays a greater amount in damages or goes through new trial- not ok in FEd court, ok in state court

Question 43

Claim preclusion (res judicata)

Answer 43

you only get to sue on a claim once!

1. case 1 and 2 were brought by same P against same D
2. Case 1 ended on valid final judgment on merits!
3. Case 1 and Case 2 asserted same claim

Question 44

Issue preclusion

Answer 44

1. Case 1 ended in valid final judgmetn on merits
2. same issue was actuallly litigated and determined in case 1
3. issue was essential to judgment in case 1.
4. can only be asserted against someone who was a party in 1st case
5. can be used by someone who was party in case 1, sometimes by people who were not parties