Civ Pro Midterm (Overview, Rules, Hawkins, and Pennoyer)

Question 1

Options where to file a case:
State courts

Answer 1

-General jurisdiction
Can litigate anything as long as parties have connections to that state, always an option if cannot file federal

-Smaller Jury pools
Award larger damages

-Elected judges (usually)
Political influence, may want to keep their jobs
Example: Unpopular Party
May cave to social pressures

Question 2

Options where to file a case:
Federal Courts

Answer 2

Courts of Limited Jurisdiction

-Larger jury pool
Have more to work with
Award lower damages

-Tenured/Appointed Judges
Job Security
Don’t have political pressure/blowback

Question 3

Discovery

Answer 3

Opportunity to collect evidence from your adversary

Includes electronic data, written response to a list of questions, and deposition (an oral examination allows the parties to know what responses to expect from a potential witness or adversary at trial)

Entitled to receive if asked correctly but need to know the correct manner of obtaining information

Question 4

Summary Judgment

Answer 4

A motion filed, usually after discovery in complete, that argues that the evidence entitles judgement for the moving party (Rule 56)

Magic words:
There’s no genuine dispute as to any material facts, and the movant is entitled to judgment as a matter of law

Question 5

Judgment

Answer 5

Memorialized the outcome of the case

Question 6

After Judgment

Answer 6

The party who “lost” in the district court may file a notice of appeal

The notice of appeal identifies who is bringing the appeal, and what:
Judgement/ order/ decision is being appealed

Question 7

Trial Symmetry

Answer 7

Each side has equal opportunity to present their side of the case

Each side after discovery identifies what admissible evidence will be

The judge rules on any procedural and evidentiary disputes, and the jury deliberates and decides the merits of the case

Question 8

Trial Procedure

Answer 8

Opening statements (plaintiff, then defendant)

Plaintiff presents case by calling witnesses and producing documents, then defendant cross-examines plaintiff treats then vice versa, Plaintiff rests then vice versa

The jury is instructed, deliberates

Question 9

Mid-Trial Motion to take from the jury (such as judgement notwithstanding the verdict motion)

Answer 9

Can avoid jury deliberating in cases when there is only one verdict supported by facts and law, saves time and costs, and thereby promotes judicial efficiency

If a party has the burden of proof and submits no evidence, the jury cannot find the party. If the jury does, then the judge may enter judgment as a matter of law

If the evidence reasonably supports only one verdict, and the jury reaches the opposite verdict, a court may enter judgement as a matter of law

Question 10

Former Adjudication
Claim preclusion

Answer 10

You can bring a claim only once in any court, then you are precluded to bring that same claim in any court (res judicata)

Question 11

Former Adjudication
Issue Preclusion

Answer 11

Bars re-litigation issues already decided in a court’s final decision (collateral estoppel)

Question 12

Appeal
Final decisions

Answer 12

Only allowed to appeal final decisions– “ends the litigation on merits and leaves nothing for the court to do but execute judgment”

Purpose: cases would never end. Immediately appealing every adverse ruling would expend lots of resources. Also, some issues become irrelevant by the time final judgement is reached, so immediate appeals of moot issues would waste time.

Question 13

Appeal
Discovery

Answer 13

Discovery orders are never appealable, because they are not final orders. Issues are still open to be resolved.

They are discretionary determinations by the district courts. Appeal process with discovery orders would case the cost to the judicial system to outweigh the few erroneous discovery orders that may be corrected.

Once a final decision is entered, a party can appeal any adverse order, including discovery. This avoids piecemeal appeals. The aggrieved party may file one appeal for all adverse district court orders they wish to challenge.

Question 14

Appeal
Notice of appeal

Answer 14

must be filed in the district court

Question 15

Rule 4(a)

Answer 15

Notify the defendant that a failure to appear will result in default judgment

Name the court and the parties

Be directed to the defendant

State the name and address of the plaintiffs attorney (or plaintiff if unrep)

Notify the defendant that a failure to appear and defend will result in a default judgement

Question 16

Rule 4 (c)

Answer 16

A summons must be served with a copy of the complaint

Plaintiff is responsible for having the summons and complaint served within the time allowed by rule 4 and must furnished the necessary copies to the person

Use correct mailing under state law

Question 17

Rule 8(b)

Answer 17

An answer

Question 18

Rule 11 (a)

Answer 18

Signing

Every paper must be signed by at least one attorney of record

Question 19

Rule 11 (b)

Answer 19

Representations to the court

Requires attorneys or parties to certify that any pleadings, motions, or other paper submitted to the court are not being filed for improper purposes, are legally and factually warranted (nonfrivolous argument), and have evidentiary support after reasonable inquiry

Vouching its truth and accuracy

Question 20

Rule 11 (c)

Answer 20

(c) Motion for sanctions

After notice and a reasonable opportunity to respond, the court may impose an appropriate sanction

Discretionary, and the purpose is mainly to deter improper future conduct

Rule 11 sanctions are appropriate where the complaint filed is objectively unreasonable under the circumstances, or where the claim asserted is patently unmeritorious or frivolous

Question 21

Rule 12 (b) How to present defenses (pre-answer motions)

Answer 21

Motion to dismiss

Allows a defendant to raise specific defenses to a complaint through a motion to dismiss, including lack of jurisdiction, improper venue, insufficient service of process, and failure to state a claim upon which relief can be granted

You cannot attach evidence to a 12(b) motion to dismiss

Question 22

Rule 8 (a)

Answer 22

short or plain statements for complaint

Requires a pleading to include a short and plain statement of the courts jurisdiction, a short and plain statement of the claim showing entitlement to relief and a demand for the relief sought, ensuring clarity and simplicity in pleadings.

A claim upon which relief may be granted is a short and plain statement of the claim showing that the pleader is entitled to relief; (2) a party is not entitled to a more definite statement unless the facts are necessary for the party to form his response to the pleading

Question 23

Rule 8(b)

Answer 23

Short and plain but for answers. Must deny or admit specific claims

Denials - must fairly respond to the substance of the allegation (may assert “general denial: or “specific denials”). Failing to deny is the same as an admission

You can say you are “without information sufficient to form a belief as to the truth of the allegations” as well if you are not sure of a fact

Question 24

Rule 15

Answer 24

Amended and Supplemental Pleadings

A party may amend a pleadings one time, within 21 days of serving it. Outside of this, OP or courts consent is required

Question 25

Rule 26

Answer 25

Duty to Disclose; General Provisions Governing Discovery

Question 26

Rule 26(a)(1)

Answer 26

Automatically disclose some information (initial disclosure) Information is discoverable if it is not privileged (private), is relevant to a claim or defense, and is proportional to the case’s needs. Proportionality factors include importance of the issues, amount in controversy, access to relevant information, parties’ resources, important in resolving the issue, whether burden outweighs its likely benefit Even if relevant, information may be privileged (b) Even if relevant and unprivileged, may still be undiscoverable under limitations listed (c) protective orders (annoyance, embarrassment, oppressive, undue burden, expansive) Parties can compel other parties as well as non-parties to testify, respond to written questions, and produce documents

Question 27

Rule 37

Answer 27

Failure to make disclosures or cooperate in discovery, sanctions

Question 28

Rule 19

Answer 28

Required Joinder of Parties (Mandatory Joinder) Requires joining parties necessary for complete relief or to protect their interests, and if joinder is infeasible, the court must determine whether to protect or dismiss the case based on fairness and justice

Question 29

Rule 20

Answer 29

Permissive Joinder of Parties Allows multiple plaintiffs or defendants to join a single lawsuit if their claims arise from the same transaction or occurrence and involve a common question of law or fact, subject to the courts discretion to ensure fairness The court may issue orders – including an order for separate trials—to protect a party against embarrassment, delay, expense, or other prejudices that arise from including a party The severance of a multi-plaintiff lawsuit into individual trials is not warranted under the Federal Rules of Civil Procedure if a single trial will be more (1) efficient than multiple trials, the parties’ claims and defenses arise from the (2) same transaction or occurrence, there is a (3) common question of law or fact, and any (4) potential prejudice to the defendants can be averted by appropriate jury instructions. Fisher v. Ciba Specialty Chemicals Corp. Transaction has a flexible meaning; look at whether there is a logical relationship that brings the series of occurrences together “Commonality” doesn't require all facts/law be identical, rather only some. Efficiency takes into account court costs for individuals among other things Prejudice can occur through jury instructions

Question 30

Rule 21

Answer 30

Misjoinder The court may add or drop a party. The court may also serve any claim against a party

Question 31

Rule 23

Answer 31

Class Actions Allows class actions when the class is numerous, claims share common legal or factual questions, representatives are typical and adequate, and the action fits into defined categories ensuring fairness and efficiency.

Question 32

Rule 24

Answer 32

Intervention Allows intervention as of right for significant legal interests or permits it when there is a shared question of law or fact, subject to court discretion to avoid delay or prejudice.

Question 33

Rule 56

Answer 33

Summary Judgement A motion filed, usually after discovery is complete, that argues that the evidence entitles judgment for the moving party § Summary judgment is proper if, after adequate time for discovery, a party fails to sufficiently establish an essential element of the party’s case on which the party bears the burden of proof. Must show that “there is no genuine dispute of any material fact, and the movant is entitled to judgment as a matter of law.” Houchens.

Question 34

28 USC § 1441

Answer 34

If the defendant wants to remove a case to federal court, they need to show subject matter jurisdiction (“original jurisdiction”)

Question 35

28 USC § 1446(a)

Answer 35

Defendant shall file a notice of removal in the district court containing a short and plain statement of the grounds of removal

Question 36

Rule 50(a)

Answer 36

Directed Verdict If a party has been fully heard on an issue, and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, court may (a) resolve the issue against the party; and (b) grant a motion for judgment as a matter of law

Question 37

Rule 50(b)

Answer 37

Judgment as a Matter of Law (after trial) If 50(a) motion has been filed, the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial. § In resolving a rule 50 motion, the court should consider the evidence in the light most favorable to the non-moving party and grant the judgment only where the evidence so strongly and so favorably points in favor of the moving party that reasonable people could not arrive at a contrary verdict.

Question 38

Rule 35

Answer 38

Physical and Mental Examination Allows a court to order a party (or a person under a party's control) to undergo a physical or mental examination when their condition is in controversy, provided the requesting party demonstrates good cause, with the order specifying the details of the examination. Mutually acceptable doctor for both parties

Question 39

Specific Jurisdiction

Answer 39

Defendants actions are enough to subject (person or corporation) to the states tribunals only in relation to a suit involving the conduct commuted in that state Jurisdiction extends to the specific act performed in the state, and nothing else Enough in the state to be considered presence Sued only for the matter and nothing else

Question 40

Doctrine of Personal

Answer 40

Jurisdiction focuses on the defendant

Question 41

Personal Jurisdiction Definition

Answer 41

Power of a court over a person/party

Question 42

Personal Jurisdiction Who has to raise it?

Answer 42

Defendant must raise issue

Question 43

Personal Jurisdiction Can it be waived

Answer 43

Defendant can either consent or waive the claim

Question 44

Personal Jurisdiction Does the defendant have connections to state to have litigation enforced against them

Answer 44

Not a fair forum to be dragged in a state that the defendant has no connection to Oversimplified: does the defendant have sufficient ties to the state in which the federal court is located? Has the defendant had enough contact with the state to justify dragging them into the state for litigation?

Question 45

Personal Jurisdiction No connections

Answer 45

State cannot enter judgement against a defendant who has no connection with the state

Question 46

Hawkins v. Masters Farms, Inc. (Tractor collision)

Answer 46

Rule: Determining whether diversity jurisdiction exists, a person is a citizen of the state in which he or she is domiciled. Domiciled (for adults) is established by physical presence in a place in connection with a certain state of mind concerning one’s intent to remain there.

Question 47

Domiciled

Answer 47

Domiciled (for adults) is established by physical presence in a place in connection with a certain state of mind concerning one’s intent to remain there.

Question 48

Is Domicile enough for Personal Jurisdiction

Answer 48

Domicile in the state is alone sufficient to bring an defendant within the reach of the states jurisdiction

Question 49

Absent defendant

Answer 49

Authority of a state over one of its citizens is not terminated by the mere fact of his absence for the state State which accords him privileges and affords protection to him and his property by virtue of his domicile may also exact reciprocal duties Method used (actual notice) is reasonably calculated to give defendant notice of the proceedings and an opportunity to be heard Fair play and substantial justice

Question 50

Pennoyer v. Neff (Land Seizure)

Answer 50

To obtain jurisdiction over a non-resident, due process requires that the non-resident defendant receive personal service (actual notice) of the lawsuit in order for the defendant to be bound by the judgement rendered. Constructive notice will always have problems while actual notice can show that the individual received the complaint.

Question 51

Rule (in-rem)

Answer 51

State court to have jurisdiction over property, the property needs to be attached when the lawsuit commenced

Question 52

In Rem v In Personam

Answer 52

In Rem action is a proceeding where property is the direct object of the action. In personam is an action brought against a person

Question 53

Side-Note If non-resident, what was the service

Answer 53

(for now) have to say the required actual personal service for notice

Question 54

International Shoe Company v. Washington (Base case for specific jurisdiction)

Answer 54

Rule- Minimum contacts If defendant is not present (not home state), they must have certain minimum contacts with the state such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice Do enough stuff in a state, state might be able to exercise personal jurisdiction over you that satisfies due process even if it's not your state. Jurisdiction depends on the extent of the defendant's contacts in the state in relation to the claim asserted. If a company be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’

Question 55

Enumerated Contacts

Answer 55

Whether due process is satisfied must depend rather upon the quality and nature of the activity in relation to the fair and orderly administration of the laws which it was the purpose of due process clause to insure.

Question 56

Presence

Answer 56

Degree and amount of activities conducted in state and or what the company authorizes for employees to do in that state. Manifested only by activities carried on its behalf by those authorized to act for it.

Question 57

Presence Test

Answer 57

Presence of a corporation exist when the corporation's activities are continuous and systematic On the other hand, casual presence of corporate agent or single/isolated acts by agent on behalf of corporations is not enough to establish presence (not mechanical test)