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Civ Pro & Con Law Flashcards

(75 cards)

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1
Q

FRCP Service of Process Deadline

A

90 days after filing complaint

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2
Q

FRCP Answer Deadline (D hasn’t waived)

A

21 days after service

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3
Q

FRCP Answer Deadline (D has waived)

A

60 days after P’s waiver request sent; 90 if foreign D

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4
Q

FRCP Reply to Answer Deadline

A

21 days

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5
Q

Removal & Remand Deadline

A

30 days

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6
Q

FRCP Interrogatory deadline

A

30 days to respond

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7
Q

Jury trial request deadline

A

14 days from last pleading or after notice of removal

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8
Q

FRCP JNOV, new trial, amend final judgment deadline

A

28 days after judgment

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9
Q

FRCP relief from judgment deadline

A

1 year

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10
Q

FRCP appeal deadline (a) regular rule (b) if US is a party (c) if there was a post-trial motion

A

30 days of final judgment. If US is a party, 60 days. If post-trial motion, 30 days after that motion was ruled on

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11
Q

FRCP Service of Process Requirements

A

(a) Rules of the state where the court is located (b) personal delivery (c) leaving at dwelling with person of suitable age & discretion (d) for foreign Ds, registered mail w/ return receipt

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12
Q

CA Service of Process Requirements: Personal

A

Personal delivery by an 18+ nonparty

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13
Q

CA Service of Process: Substituted

A

(i) serving a responsible adult at home or work (ii) publication, as last resort (iii) out of state: first class mail with return receipt
(all require follow-up first class mail with return receipt)

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14
Q

CA Venue: general, transitory actions

A

(a) county where any D resides (b) if all Ds are out of state, any county

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15
Q

CA Venue: K and personal injury

A

County where injury occurred OR where K was executed or performed

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16
Q

PJ Due Process

A

Minimum contacts with the forum state (purposeful availment and foreseeability), Would exercising jurisdiction offend fair play and substantial justice?

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17
Q

Fair play and substantial justice factors

A

(a) burden on D, (b) forum state’s interest in deciding citizen’s claims, (c) judicial efficiency (d) all states’ policy interests

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18
Q

Discovery Scope: FRCP v CA

A

CA: any material relevant to the subject matter
FRCP: any material relevant to a claim or defense

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19
Q

FRCP Deposition limit

A

10 per side of the “v”

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20
Q

Depositions of non-parties

A

Must subpoena, otherwise invalid

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21
Q

Does supplemental jurisdiction apply to intervenors as of right?

A

NO

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22
Q

FRCP Amending complaints as a matter of course deadline

A

21 days after (a) answer or preanswer motion

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23
Q

Safe Harbor Deadline: Sanctions

A

21 days after motion

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24
Q

Appeals as of right

A
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25
Plain Error + Erie
Procedural, unless it would impact litigants' substantive rights
26
Erie Flow for unclear sub/procedural law
Does federal law directly address the issue? If no, follow state law if (a) outcome-determinative and (b) no countervailing federal interest If yes, follow federal law if (a) it's arguably procedural (b) does not notify a substantive right
27
Motion to strike requirements
(a) insufficient defense (b) redundant (c) immaterial (d) impertinent (e) scandalous
28
Supplemental Jurisdiction: Diversity, P's claims
Needs independent diversity jur
29
Supplemental Jurisdiction: D's claims
Compulsory counter, impleader, and cross claims MUST satisfy common nucleus of operative fact (but always get supp jur) NO permissive counterclaims
30
Twin Aims of Erie
(a) Avoid forum shopping (b) avoid inequitable administration of justice (when there's a diff. result in state v federal court)
31
Relation Back Added Claim
(a) same t/o (b) original complaint was timely (c) no undue prejudice to D
32
Relation Back Added Party
(a) same t/o (b) new party received notice w/in 90 days of original complaint (c) knew or should have known... but for a mistake concerning proper party's ID
33
Immediately appealable as of right (3)
(a) orders concerning injunctions (b) appointing/refusing to appoint a receiver (c) decree determining rights and liabilities of parties to admiralty cases
34
Collateral order doctrine
Appeals court MAY rule on district court's order (interlocutory review) if it (a) conclusively determines the disputed question (b) resolves an important issue completely separate from the merits (c) is effectively unreviewable on appeal from a final judgment
35
Juries rules: federal court sitting in diversity for civil trial
Follow FRCP: unanimous and at least 6 jurors unless parties stipulate otherwise
36
UCC, merchants: When does the seller bear the risk of loss?
Until the goods are received by buyer (or dropped off with common carrier) unless the buyer is in breach. Then, the risk of loss passes to buyer for any deficiency in seller's insurance coverage
37
When MAY a state discriminate against out of state interests without Congress's authorization? (4)
(a) there's no other nondiscriminatory means available to achieve an important interest (b) state is acting as a market participant, not a market regulator (c) state is doing a trad'l gov function, such as waste disposal (d) subsidies
38
When are durational residency requirements strictly prohibited?
When they're conditioned on receiving necessities, like health care, because they infringe on the fundamental right to travel.
39
Requirements to get a TRO (3)
(a) affidavit/verified complaint of immediate and irreparable injury (b) in writing efforts to give notice (c) in writing why notice should not be required
40
What effect does a forum selection clause have on whether venue is proper?
NO effect on whether venue is proper. It just means the court will transfer the case to the forum in the forum selection clause.
41
Eleventh Amendment applies to what, and can be abrogated under which parts of the Constitution?
States AND state agencies. 13, 14, 15, and Bankruptcy
42
When will automatic disclosures in discovery NOT prohibit the party from using the materials to be disclosed?
Disclosure was substantially justified OR harmless to the other party.
43
Expert witness for trial deadline
90 days before trial
44
Elections Clause authorizes Congress to do what
OVERRIDE state laws concerning federal elections. No anti-commandeering issues.
45
SCOTUS original jurisdiction
Public ministers, ambassadors, consuls, state as a party, and exclusive jurisdiction over states suing each other.
46
Presidential immunity extends to:
Civil suits for damages for official executive actions taken during office. NO criminal subpoena immunity.
47
Executive privilege
Confidential documents made in performance of official duties cannot be disclosed, unless in a criminal trial, the prosecution shows need
48
When can somebody be punished by the state for association with a subversive organization? (3)
If they are a ACTIVE member, know of the org's illegal objectives, and intend to further those objectives
49
1A freedom of association government interference standard
Necessary to protect a legitimate state interest
50
When a party seeks to use preclusion for a state court judgment, do you use the state's preclusion laws or federal preclusion laws?
Apply the state's preclusion laws, because the 1st case/issue was decided by a state court!
51
When must a defendant object to improper venue?
First response
52
Deadline for a court to order a new trial sue sponte
28 days after final judgment
53
When can Congress restrict a funding recipient's speech?
When the speech is related to the funding's purpose and scope
54
The speech and debate clause gives congresspersons absolute immunity for what kind of speech?
ANY speech made on the House/Senate floor, even if it's irrelevant to legislative business
55
Are zoning ordinances on adult entertainment business content-neutral & time/place/manner restrictions, or content-based restrictions?
Time/place/manner & content-neutral restrictions
56
Time/place/manner restrictions in public forums must be: (3)
Narrowly serve significant state interest; content neutral; leave alternative channels
57
Speech restrictions in nonpublic forums must be: (2)
Viewpoint neutral; reasonably related to a legitimate gov interest
58
Commercial speech that is not false/misleading can be regulated if: (3)
Government interest is substantial; regulation directly advances the interest; regulation is narrowly tailored
59
Regulations of campaign contributions are subject to:
intermediate scrutiny. Contributions to individual candidates may be limited
60
Equal protection: gender discrimination
Substantially related to an important government interest AND exceedingly persuasive justification for the law
61
Equal protection: gender discrimination
Substantially related to an important government interest AND exceedingly persuasive justification for the law
62
Regulations of how much a candidate may spend on their campaign are subject to:
Strict Scrutiny
63
Does the 11th am. bar suits for injunctive relief
NO, unless you're suing a state to comply with its own state law
64
Federalism limits on spending power: condition on funds must be:
no "pressure turns into compulsion"; for the general welfare; unambiguous; relate to federal interest; not induce states to act unconstitutionally
65
State classifications based on US citizenship are subject to:
Strict scrutiny UNLESS they're about participation in gov functions/employment or voting, then rational basis
66
Partial regulatory taking factors:
Economic impact; reasonable expectation of return on investment; whether the person is being 'singled out" and it doesn't apply to a lot of people
67
How might a TRO be extended?
If opposing party consents or good cause exists (unforeseeable event prevents hearing from taking place).
68
JMOL must be first raised when?
Before case is submitted before a jury, then renewed after final judgment
69
Is class certification a collateral order?
NO. It's able to be appealed immediately because of the FRCP 23(f), not because it falls under collateral order doctrine.
70
Default Judgment 3 steps once D fails to respond:
(a) Plaintiff shows claim is for sum certain or attaches affidavit establishing amount due (b) clerk enters D's default into the record (c) clerk enters default judgment
71
When D is the United States, you must serve these three people/entities:
AUSA or civil process clerk; US AG; AND the agency whose conduct is being challenged (all via registered/certified mail)
72
Four bases for a motion to alter/amend a judgment?
(a) manifest error of law/fact (b) manifest injustice (c) new evidence discovered (d) intervening change in law
73
When may a court modify a final pretrial order (formulating the plan for trial)?
When a party objects and moves to modify the order to prevent manifest injustice
74
Intervention as of right
Nonparty has interest in subject matter of action; action may impair their interests; interest not adequately represented by existing parties
75
Mandatory discovery disclosures are due when?
14 days after parties' discovery conference

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