Civ Pro

Question 1

What are the two questions to ask regarding Personal Jurisdiction?

Answer 1

1. Has the basis for exercising PJ over an out-of-state defendant been authorized by statute or by rule of the court? 2. Is the particular basis for exercising personal jurisdiction permitted by the due process clause of the US Constitution.

Question 2

What does due process require for personal jurisdiction?

Answer 2

Minimum contacts between defendant and forum state consistent with traditional notions of fair play and substantial justice.

Question 3

Can lack of personal jurisdiction be waived?

Answer 3

Yes, but only if raised at the first opportunity or it is waived.

Question 4

What are the types of In Personam Jurisdiction?

Answer 4

1. General 2. Specific

Question 5

What is General In Personam Jurisdiction?

Answer 5

Plaintiff can assert any claim whatsoever, even if unrelated to defendant’s contacts with the forum state.

Question 6

What is Specific In Personam Jurisdiction?

Answer 6

Plaintiff’s claims against the defendant must arise out of—or directly relate to—the defendant’s contacts with the forum.

Question 7

What are some bases for Personal Jurisdiction?

Answer 7

• Physical presence in the state (with exceptions) * Domicile * Consent * Corporations (generally the forum state)

Question 8

What does the Federal Interpleader Act allow?

Answer 8

Nationwide service of process.

Question 9

What is the Bulge Provision?

Answer 9

Allows service anywhere within 100 miles of the federal courthouse for specific situations.

Question 10

What is In Rem Jurisdiction?

Answer 10

Suit against property located in the state where you are suing, settling claims against that property.

Question 11

What is Quasi in Rem Jurisdiction?

Answer 11

Suit to adjudicate the claim to property of a particular defendant; subject to the same minimum contacts as in personal jurisdiction.

Question 12

What is the requirement for Diversity Jurisdiction under federal law?

Answer 12

No plaintiff shares the state of citizenship of any defendant and the amount in controversy exceeds $75,000.

Question 13

Is subject matter jurisdiction waivable?

Answer 13

No, it cannot be waived by failing to object or by affirmative consent.

Question 14

What is the significance of complete diversity in Diversity Jurisdiction?

Answer 14

The court lacks jurisdiction if there is not complete diversity among the parties.

Question 15

How is a foreign citizen treated under Diversity Jurisdiction?

Answer 15

A foreign citizen admitted as a permanent resident is treated as a citizen of the state in which domiciled.

Question 16

What does FF&C under DJX require?

Answer 16

State courts must give full faith and credit to judgments of other states and treat federal judgments accordingly.

Question 17

What is the standard for Supplemental Jurisdiction?

Answer 17

Allows a federal court with subject matter jurisdiction to hear additional claims arising out of the same case or controversy.

Question 18

What is the difference between Removal and Transfer?

Answer 18

Removal moves a case from state court to federal court; Transfer moves a case from one federal court to another.

Question 19

What is required for Removal based on diversity?

Answer 19

The amount in controversy and complete diversity requirements must be met.

Question 20

What is the purpose of a Temporary Restraining Order (TRO)?

Answer 20

Preserves the status quo until a full hearing on a preliminary injunction can occur.

Question 21

What must a party establish to obtain a Preliminary Injunction?

Answer 21

• Likely to succeed on the merits * Likely to suffer irreparable harm * Balance of equities in favor * Injunction in the best interest of the public

Question 22

What must a complaint include?

Answer 22

• Statement of the court’s subject matter jurisdiction * Statement showing entitlement to relief * Claim for the remedy sought

Question 23

What is the general requirement for pleadings under federal rules?

Answer 23

Notice pleading: short and plain statement of the claim showing entitlement to relief.

Question 24

What does a defendant’s answer must state?

Answer 24

Any avoidance or affirmative defense the defendant has.

Question 25

What is required for Intervention as of Right?

Answer 25

1. Interest in the subject matter 2. Disposition may impair interests 3. Interest not adequately represented

Question 26

What is a Cross Claim?

Answer 26

A claim against a co-defendant arising out of the same event that is the subject of the original claim.

Question 27

What are the three requirements for a nonparty to intervene in an action?

Answer 27

1. The subject matter of the action; 2. The disposition of the action may impair the nonparty’s interests; 3. The nonparty’s interest is not adequately represented by existing parties.

Question 28

What is a cross-claim?

Answer 28

A claim against a co-defendant that arises out of the same event that is the subject of the original claim.

Question 29

What does supplemental jurisdiction allow a federal district court to do?

Answer 29

Assert jurisdiction over additional claims that arise out of a common nucleus of operative fact.

Question 30

What must be true for permissive joinder of plaintiffs?

Answer 30

Claims must arise out of the same transaction or occurrences and there must be a common question of law or fact.

Question 31

Define compulsory joinder.

Answer 31

Applies to necessary and indispensable parties whose participation is essential for complete relief.

Question 32

What is intervention as of right?

Answer 32

Intervention that occurs when an outsider claims an interest in the subject matter of the lawsuit that may be compromised by the pending action.

Question 33

What is interpleader used for?

Answer 33

To resolve competing claims to the same property and avoid inconsistent obligations.

Question 34

What is the Class Action Fairness Act (CAFA)?

Answer 34

Allows large class actions with minimal diversity and at least 100 members with more than $5 million at stake.

Question 35

What is the general rule regarding the scope of discovery?

Answer 35

Discovery is permitted for any non-privileged matter relevant to any party’s claim or defense.

Question 36

What are the consequences of failing to preserve electronically stored information (ESI)?

Answer 36

The court may impose sanctions, which can include presuming lost information was unfavorable or dismissing the action.

Question 37

What is the purpose of oral depositions?

Answer 37

To ask and answer questions orally and under oath.

Question 38

What is the limitation on interrogatories?

Answer 38

Presumptively limited to 25 interrogatories unless the court allows more.

Question 39

What is a voluntary dismissal?

Answer 39

Dismissal without prejudice, which allows the plaintiff to refile the same action later.

Question 40

What is an involuntary dismissal?

Answer 40

Typically with prejudice, meaning the case cannot be refiled.

Question 41

What is required for a motion for summary judgment to be granted?

Answer 41

There must be no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.

Question 42

What does the Final Judgment Rule state?

Answer 42

Appeals are available only from a final judgment, which becomes final when entered by the clerk.

Question 43

What is claim preclusion?

Answer 43

Precludes successive litigation of an identical claim once a final judgment on the merits has been rendered.

Question 44

What is issue preclusion?

Answer 44

Precludes relitigation of issues of fact or law that have already been determined by a judge or jury.

Question 45

Fill in the blank: The burden is on the ______ to establish that the prerequisites for class certification are met.

Answer 45

[proponent of class certification]

Question 46

True or False: A necessary party must be joined if feasible.

Answer 46

True

Question 47

What is the standard for appellate review of questions of law?

Answer 47

De Novo

Question 48

What must be shown for a party to overcome the qualified immunity of work product in discovery?

Answer 48

A need for the document or things and that the information cannot be obtained elsewhere.

Question 49

What must be included in a pretrial statement?

Answer 49

Claims and defenses, itemization of damages, requests for stipulations and admissions, list of all witnesses and exhibits.