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Civ Pro II Flashcards

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1
Q

McGee v International Insurance

A

Nexus (Quality and Nature)
The plaintiffs Estate sued for coverage of a life insurance policy. The defendant claimed they had no contacts with the forum. The court found that they had PJ over defendant b/c the claim arose directly from their one contact of having the plaintiff as a policyholder. The closer to the claim the contacts are, the less contacts needed. One contact can be enough

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2
Q

Section 1367

A

Supplemental JDX

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3
Q

International Shoe

A

Doing Business
Traveling salesmen in the forum and living in the forum. The court found PJ b/c the company was doing business in the forum by employing salesman within the state

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4
Q

Fair and Adequate Protection

A

Protect the interest of the class
Driven by the class
Resources
Time

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5
Q

How to Prove Joinder Rules other than 19

A

Which rule
Independent basis?
Supp: Is there a common nucleus of operative fact

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6
Q

Rule 13b

A

Permissive Counterclaim

A pleading may State a counterclaim against an opposing party any claim that is not compulsory

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7
Q

Rule 13g

A

Crossclaim

A pleading may State a crossclaim by one party against a co party if arises out of the same transaction

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8
Q

Rule 14

A

Third Party Impleader
A defendant may bring a third Party to indemnify or contribute (must be diverse) when another party is liable for the claim
Within 14 days
Allows impleaders to counterclaim against defendant and downslope claims against plaintiff

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9
Q

Typicality

A

Represents claims or defenses typical of the class

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10
Q

Rule 4

A

Summons
Must deliver to defendant within 90 days at the usual place of abode with someone of suitable age and discretion who resides there

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11
Q

Waiving summons

A

In writing
Inform the defendant
Agent, manager, etc
Sent first class

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12
Q

Avoid waiver expenses

A 
With good cause
Not including:
Groundless 
Venue
JDX
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13
Q

4 ways to get SMJ

A

Diversity of Citizenship
Alienage
Exclusive
Fed Question

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14
Q

Commonality

A

Similar cause of action
Similar common question of law or fact
Similar evidence will be used

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15
Q

Rule 22 Plaintiff

A

Interpleader
Persons with claims that may expose party to double or multiple liability may be joined as a defendant and required even if the claims lack a common origin or the plaintiff denies liability in whole or part

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16
Q

Rule 22 Defendant

A

A defendant exposed to similar liability may seek interpleader through counterclaim or crossclaim

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17
Q

Rule 24 Required

A

Intervention
The court must permit anyone to intervene who is given an unconditional right by statute or claims an interest relating to property or transaction
If allowed, does not destroy diversity

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18
Q

Rule 24 Permissive

A

Intervention
The court may permit anyone to intervene who is given a conditional right by statute or has a claim or defense that shares with the main action of law and fact

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19
Q

Complete Diversity

A

All plaintiffs are of diverse citizenship from all defendants
Ind: Domicile
Corp: Incorp and PBB

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20
Q

Indispensable

A

Extent to which judgment prejudicial
Avoid or lessen prejudice
Judgment Adequate
Other avenue of relief

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21
Q

Feasible to Join

A

Does it destroy diversity

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22
Q

Rule 18

A

Joinder of Claims

A party may join as many claims as it has against the opposing party

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23
Q

Right to Jury Trial

A

What would the chancery in 1791 have done?
Equity: judge
Law: jury
Both: jury

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24
Q

Steps to Erie Doctrine

A 
Is there a diversity case
Conflict between state and fed law
Procedural or substantive
Outcome determinative
Overriding fed interest
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25
Rule 38
Demand Jury Trial | Must demand within 14 days from answer
26
WWV v Woodson
Stream of Commerce and Foreseeability Defendant purchased car in NY. While driving through OK, a rear end caused a fire and injury. The plaintiff did not sale nor perform services in OK and had no contacts with the forum. They could not contemplate that their products stream of commerce included OK nor could they foresee being haled into court there b/c they only did business in NY and NJ
27
Calder v Jones
Effects Test Defendants career centered in the forum and the article written was drawn from forum sources and the harm was suffered in the forum. The court found PJ by way of the effects Test
28
Contractual Consent
If the defendant agreed in advance through k to be covered by the JDX
29
General Company Experts
Treated as regular witnesses | All discoverable
30
Strawbridge v Curtiss
Complete Diversity Rule
31
Property in Forum
Shaffer
32
Rule 23
Class Actions
33
Trial Expert Retained
Everything you show, the other side gets Anticipated litigation Using them at Trial Preparing a report
34
General JDX
May be sued for claims not related to activities within the state Ind: Domiciled Comp: "at home" and state of incorporation
35
Steps for Specific JDX
``` Long Arm Statute International Shoe Arises out of conduct Purposeful and Foreseeability Reasonableness ```
36
Necessary or Required Party
Can the plaintiff get complete or adequate relief
37
Rule 20
Permissive Joinder | If arising out of same transaction and question of law or fact is common to all parties on the same side
38
Rule 13
Counterclaim and Crossclaim
39
Rule 13a
Compulsory Counterclaim A pleading must state or waive a counterclaim at the time of service that the pleader has against an opposing party if arising out of the same transaction, does not require adding a party that breaks JDX
40
Rule 13a Exceptions
Claim Subject of another pending action or did not establish PJ over pleader
41
Alien v Alien
No SMJ
42
US and Alien v US and Alien
SMJ as long as US have diversity
43
US and Alien v Alien
No SMJ
44
Purposeful Availment
Entering into contact with locals in purpose or conduct such as gets the availment if the states laws, benefits, etc
45
Zippo Sliding Scale
Clearly doing business: yes Passive, not interactive: no In between based on scale
46
Hertz
SMJ Principal place of business are where the corp officers and directors control and coordinate the corp. the nerve center is only a single place. SMJ proper for nerve center and incorporation
47
Mottley
Fed Question Well Pleaded Complaint The railroad company entered into k with mottleys to give them free passes. When a new fed law prohibited railroads from issuing free passes, rr stopped. Mottleys sued in fed court for specific performance and circuit court granted. The Supreme Court reversed stating it was improper to plead that a defense under fed law was anticipated and dismissed for lack of fed Question
48
US v Alien
No SMJ
49
Benefited by the Forum
Truck Driving Hypo | Presence in the forum
50
Rule 26
Experts | Must disclose 90 days before Trial
51
Continuing Obligations
Sufficient minimum contacts where defendant deliberately engaged in significant within a state or created continuing obligations between himself and a Forum resident
52
Doing Business in the forum
International Shoe
53
Zippo v Zippo
Internet Sliding Scale Defendant contracted with many individuals and access providers with the intended purpose to download electronic transmissions. The court found PJ proper b/c the site was very interactive with forum state residents
54
4 Elements to Class Actions
Numerocity Commonality Typicality Fair and Adequate Protection
55
Numerocity
No magic number | When joining all members is impracticable (i.e. Geography, dispersion, destroy diversity)
56
3 ways to get PJ
Traditional General Specific
57
International Shoe Standard
The maintenance of the suit does not offend traditional notions of fair play and substantial justice
58
Exclusive SMJ
Admiralty Bankruptcy Patent and Copyright Infringement Federal antitrust and securities
59
Federal Question SMJ
Well Pleaded Complaint | Sufficiently central to the claim
60
Well Pleaded Complaint
The fed Question must be set forth in the claim, not a defense, not an anticipatory defense, and cannot be a counterclaim unless fed intellectual property law
61
Burger King v Rudzewicz
Contracts The Supreme Court found that the defendants availed themselves of the protections and benefits of the forum b/c they had a substantial and continuing relationship with the plaintiff, a Forum resident
62
Section 1291
Final Judgment Rule | Can only appeal on final judgment except by writ addressing issues that would change outcome (i.e. PJ or Erie)
63
4 types of traditional bases for JDX
Physical Presence Domicile Presence General Appearance Contractual Consent
64
Physical Presence
When the defendant is within the forum state voluntarily during the service of summons unless attending court and there for a reasonable time
65
Stream of Commerce
WWV
66
Contracts PJ
Prior negotiations Contemplated future consequences Terms of k Parties actual course of dealing
67
Domicile Presence
When the defendant resides in the forum with the intent to do so permanently even if they are not presently in the state when served or when the issue occurred
68
General Appearance
``` Participating in the action before filing a motion to quash Answering Filing motions Propounding discovery Attendance by the attorney ```
69
Tests to Prove prong 2
``` Intentional Torts Calder effects Test Nature and quality Purposeful availment Zippo Sliding Scale Continuing obligations ```
70
Venue
Where the defendant resides (all) Where event or omission of claim Where there is PJ If not US domiciled, then any fed court
71
Rule 19
Required Joinder Required Party Feasibility Indispensable
72
Shaffer v Heitner
Property Property in DE was not sufficient for contacts b/c the property had nothing to do with the claim. The court found that the corp had neither purposefully availed themselves of the privileges or conducted activities within the forum
73
Non Trial Retained Expert
No report | Do not have to share except under extraordinary circumstances
74
Consult Experts not retained
Not discoverable at all
75
Calder Effects Test
The defendant committed a tort The plaintiff felt the brunt of the harm and Forum was focal point The defendant expressly aimed conduct at forum
76
Nature and Quality
Nexus: the closer the claim to the contacts, the less contacts needed
77
Effects from outside the forum
Calder
78
Internet Business
Zippo
79
Contracts
Burger King
80
Diversity of Citizenship
Complete Diversity | Over $75,000

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