Civ Pro Flashcards

Question

What investigation of facts is the lawyer obligated to do before filing?

Answer 1

Reasonable pre filing inquiry BASIC

Answer 2

Need subject matter jurisdiction for each claim can join any claim they want

Answer 3

1. their claims against the d arise from the same underlying event (transaction or occurrence) AND 2. their claims involve litigation of at lease one common question of either fact or law Remedy: severe claims SAME RULE FOR JOINDER OF Ds

Answer 4

We can add as many fucking claims as we want. We can join with co plaintiffs and defendants it it's about the same T+O and we have a common question of fact or law

Answer 5

Remedy: Motion to dismiss Required party or not? 1. Prevent everyone from getting paid 2. Prejudice absentee's interests 3. Result in multiple or inconsistent obligations Essentially ---> they prevent people from getting money or will have their interests damaged if aren't joined JOINT OWNERSHIP = REQUIRED Beneficiaries in trusts are required parties Joint property owners are required parties Executor of an estate if they estate is sued

Answer 6

We have to figure out if they are super necessary.... an INDISPENSABLE PARTY If they indispensable...we are dropping the whole case TEST: 1. What is the real likelihood of harm occurring to anybody if we proceed with the case without the absent necessary party? 2.Is there a different form where everybody can be joined, including state court? 3. Can't the court shape the order to avoid harm if the absence necessary party isn't joined? (carve out anything in their judgment that would negatively effect the absent party)

Answer 7

When a stakeholder has money or property that other people want -- the stakeholder can bring all the parties together for ONE lawsuit (1) Rule based interpleader - Requires the higher amount of amount of in controversy between the two --- 75k and full diversity (2) Statutory interpleader requires 500 in controversy and minimal diversity (diversity between any of the two defendants

Answer 8

NO --- this is intervention

Answer 9

Intervention. The absent party can file a motion saying they are necessary (1) permissive intervention: court MAY permit intervention when the nonparty's claim or defense shares a common question fact or law (2) intervention of right: when the existing party doesn't want the same shit as you 3 elements: 1. Has an interest relating to th property or transaction that is the subject of the action 2. the absent party is so situated that disposition of the action may as a practical matter impair or impede the absent party's ability to protect its interest 3. existing parties do not adequately represent the movant's interest ...... you want the same end result BUT for different reasons FILE INTERVENTION AS OF RIGHT 1st

Answer 10

1. Prove that is properly structured (1) Numerosity (2) Commonality - Questions of law or fact common to the class (3) Adequate - Class rep and their lawyers must show they will adequately protect the class - Class rep has no conflicts, no first year lawyers (4) Typicality - Class rep must have claims similar to those of the class large 2. Fall into one of three types of class actions to make sure a class action is superior to individual litigation 3 types: (1) Anti prejudice class action - Allowed if there will be prejudice to other members of the class should the lawsuit proceed individually (2) Whole class is seeking an injunction against an evil entity that is doing the same crazy shit to everyone involved - will NOT be certified if everyone is also seeking individual damages (20k in addition to the injunction) - Binds people (3) Common question and damages - Common question of law or fact predominating and individual money claims - Think massive consumer fraud, date breach, lying about medicine side effects - OPT out noticiation must be sent CO2 C: Common question class actions O: Opt out notification 2: Don't need to notify class members for the other 2 types of class actions IF SOMEONE IS GIVEN THE CHANCE TO OPT OUT AND THEY DONT...THEY ARE BOUND BY WHATEVER THE CLASS GETS ALSO ... you can appeal decisions by the court that deny class certification. Seek review within 14 days of order denying th class

Answer 11

No Can be challenged at any time

Answer 12

Civil rights laws Antitrust laws Bankruptcy laws Admiralty laws US constitution Patent infringment Federal securities US treaties Any other fed interest TRICK: P is raising a negligence claim based on an OSHA workplace safety violation. NOT a fed question because you are not asserting a federal right NO FEDERAL DEFENSES

Answer 13

See if the injunction itself is worth more than 75k by measuring the benefit the P will get from the injunction If knocking over a house would cost 200k...u qualify

Answer 14

(1) 1P---1D If there is a single P and a single D --- the P may add their claims, EVEN if they are unrelated to get to the 75k threshold (2) 1P---D1 D2 A single P cannot aggregate their claims to meet the over 75k threshold against multiple Ds UNLESS they are jointly liable to the P (3) Two or more Ps cannot aggregate their claims UMLESS they are seeking to enforce a right of which they have a common or undivided interest

Answer 15

All aliens are considered to be from the same state Two aliens cannot sue eachother in fed court under diversity Green card is different tho! Bc they are permanent residents! They can be domiciled

Answer 16

The moving party

Answer 17

Not considered citizens of a state or a foregin nation and cannot be sue or be sued under diversity rules

Answer 18

The nerve center HEADQUARTERS

Answer 19

ANYWHERE ITS MEMBERS ARE CITIZENS OF

Answer 20

Look at THEIR citizenship The legal rep needs to be the exact same citizen as the minor, incompetent, and decdent

Answer 21

Federal court has jurisdiction over class actions if two circumstances are met (1) all of ps claims exceed 5 million (2) minimum diversity means that ANY of the ps is a citizen of a different than the D ....that's fine evne if some Ps are citizens of same state as D

Answer 22

(1)Alimony (2) child support (3) divorce (4) probate (5) collusion - Diversity has been created in a sneaky way Assigning contract rights away to complete diversity

Answer 23

Allows claims that do not have an independent basis to get into federal court on their own to tag along so long as they are part of the same common nucleus of operative facts

Answer 24

No MAY not ---- must Why would they reject? (1) The supplemental claim predominates over the main anchor claim (2) All anchor claims have been dismissed (3) The state law claim presents a novel or complex issue of state law

Answer 25

Court cant exercise supplemetnal jurisdiction HOWEVER if D impleads another D for damages --- they can do that ONLY the Ps must be diverse in this instance

Answer 26

You can join the claims together under supplemental jurisdiction

Answer 27

(1) ONLY defendant can remove. Not P (2) State workers comp and fair labor standard cases can't be removed (3) A D cannot remove a case if they are from the state where the P brings the case (forum non defenant rule ^ applies to diversity cases) REMEMBER NO REMOVAL IF ANY DEFENDANT IS A CITIZEN OF WHERE THE P BRINGS THE LAWSUIT (4) If there are multple Ds they must all agree to remove (5) Removal must be filed within 30 days of receiving the complaint. You can't remove more than a year filing

Answer 28

yes, if (1) add a fed claim later (2) AIC is increased to over 75k after amended complaint Notice of removal --- happens automatically. Don't need to file a motion P has 30 days to file a motion om re[spmse

Civ Pro Flashcards

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