Civ. Pro. Case Guide Flashcards

Question

# Civ. Pro. Helicopteros 1984

Answer 1

N/A Contacts were not systematic and continous enough to establish general jurisdiction. (Specific jurisdiction was no good because activities in forum are unrelated to the cause of action.)

Answer 2

Man and wife sue LA landlord for spying on them through twoway mirror. Wife is from MS, husband in French. They were living in LA at time. They win. Where one party would be able to sue for same claims, complete diversity isn't required

Answer 3

The term _principal place of business_ in the federal diversity jurisdiction statute means the location from which the major activities of the corporation are directed, coordinated and controlled by the high level officers of the corporation. Corporations, for purposes of diversity, are located where they are incorporated and where their principal place of business is located

Answer 4

N/A District courts can only hear cases where _federal law creates the cause of action or that the plaintiff_s right to relief necessarily depends on resolution of a substantial question of federal law._

Answer 5

Couple gets lifetime railroad pass. Congress passes law saying these are illegal. RR breaches. Couple complains about breach and says that RR is going to point to this, therefore this is a federal question. It's not enough to show that there may be a defense based on the constitution, suit must arise from const or fed law

Answer 6

Grable has land seized for failing to pay taxes. IRS sells to other company. Five years later, grable says they weren't served in accordance with federal statute. Brings state case, other side elevates to federal. Where there is a question of federal jur, must establish strong federal issue, and that the removal of these types of cases would not upset balance between state and federal court jurs.

Answer 7

State action inovolving defective pharmaceuticals. The Court held that federal question jurisdiction was lacking because a complaint using a federal statute as an element of a state cause of action, when there was no private federal cause of action under the statute, did not state a claim arising under federal law.

Answer 8

Texas man sues his lawyers for malpractice related to an invention. Loses and tries to get fed jur over teh case by saying that IP is a fed issue. The federal issue was not substantial in the relevant sense because the federal patent issue was posed in a merely hypothetical sense: if his lawyers had raised a timely experimental-use argument, would the result in the underlying patent infringement proceeding have been different? This issue was not important to the federal patent system as a whole.

Answer 9

They wanted to prevent AL english only driver's test Establishes high bar for implied. 1) Where statute focuses on agency, no implication. 2) Where other remedies are offered, others are assumed precluded

Answer 10

Sued for recovery of health insurance payments made. While there are federal interest (federal contract, federal employees), no express right of action and there is an alternate mechanism specified.

Answer 11

Crashed plane in scotland. Victims sue in CA, Piper moves to PA and then to dismiss because Scotland is the more appropriate forum. The fact that a foreign district's laws are less favorable for a plaintiff is not reason enough not to move a case.

Answer 12

Bolivia sues Philip Morris in Texas. Texas doesn't understand why N/A

Answer 13

Black railway workers allege that the union did not represent them properly. FRCP are deisgned for simplicity and not to kick out cases based on small missteps.

Answer 14

Antitrust case alleging that becausae incumbent regional MVPDs were not encroaching on other areas, they are colluding. Pleading must support a plausible set of facts, not just a possible set of facts.

Answer 15

Man arrested in wake of 9/11 under allegedly discriminatory policies "A complaint must be non-conclusory,ie, base allegations on facts and be believable under the rules of logic and circumstances to be considered well-pleaded."

Answer 16

Man runs over 2 kids. Admits guilt in answer, parents present evidence he was drunk and kids flew 30 feet. Evidence that speaks to an non-issue is not permitted.

Answer 17

Man is injured by forklift. It says P.P.I. on the side. He sues them, but they make noe ffort to correct the mistake since they are actually leasing out the forklift to another company. Allegations that are not specifically denied are deemed admitted.

Answer 18

Man is operated on and it is botched. Woman's baby doesnt receive proper treatment. Any defenses satisfying 8c that would surprise a plaintiff are waived unless brought up in the response.

Answer 19

Woman sues cruise company. Accidently names a corporate affiliate and tries to amend down the line. Relating back depends on what the defenda tknew, not what the plaintiff knew.

Answer 20

Woman sues PD for discriminatory hiring and promotion practices. Amends complaint several years later. Where an amendment would introduce new issues that he previous complaint would not serve as notice for, the amendments do not relate back.

Answer 21

Man sues Mattel for copyright infringement. Only writings are repukable under rule 11.

Answer 22

Man sues hospital. They don't reveal all necessary doctor's information during the 26A period. Violations of 26A can result in amendments relating back passed the limitation date.

Answer 23

Women sue law firm for failure to hire female associates (discrimination). Law firm doesn't want to reveal information related to its partners. Discovery requests that are reasonably calculated to result in admissable information are OK.

Answer 24

Kodak sued in private antitrust suit

Answer 25

Tugboat accident, they interview a bunch of people, opposing counsel requests interview notes. Materials generated by attorney are not subject to attorney client privilege but are generally protected.

Answer 26

Company discovers bribery at subsidiaries, discloses, and doesn't want to give interview nots Entire corporation is covered by attorney-client privlige rather than just the direct mgmt.

Answer 27

Bicycle accident where expert witness switches sides. Experts cannot switch sides once they have seen privliged information

Answer 28

Man dies and they send this tissue sampkes to doctors for testing for mesothelioma. Plaintiffs want access to the results from all teh doctor's the defendants sent samples to. Satisfied that the information is not otherwise available, the court says "you must reveal." This is analagous to rule 35 (medical examiner reports).

Answer 29

White woman is refused service and arrested for coming into store with group of black students. Where defendant does not show the absence of a genuine issue, the plaintiff does not need to show that one existed.

Answer 30

Asbestos defendant files motion saying that there is no proof that the deceased was exposed to thier products. Federal Rules of Civil Procedure Rule 56(c) (FRCP Rule 56(c)) mandates summary judgment must be entered, after adequate time for discovery and upon motion, against a party who failed to show sufficient evidence to establish the existence of an element essential to that party_s case and on which that party will bear the burden of proof at trial.

Answer 31

This is the remand from above Burden was satisfied by the letter, purchase order, and poetntial witnesses.

Civ. Pro. Case Guide Flashcards

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