Civil Procedure

Question 1

What are the three types of personal jurisdiction?

Answer 1

In personam; in rem; quasi in rem (close connection to property in forum)

Question 2

A federal court can subject an individual to in person jurisdiction if the individual is (i) _______ in the forum state (and served with process therein), (ii) _______ in the forum state, (iii) conducts _______ and ______ business in the state such that the defendant is “essentially at home”, (iv) the defendant ______ to jurisdiction, or the defendant commits an act covered by the (v) ______-___ statute.

Answer 2

(i) present; (ii) domiciled; (iii) systematic and continuous; (iv) consents; (iv) long-arm

Question 3

Constitutional Due Process requires that the defendant must have such (i) ______ ______ with the forum such that the exercise of personal jurisdiction is (ii) _____ and _________. Consider whether the defendant has (iii) _______ ____________ himself of the benefits and protections of the forum state.

Answer 3

(i) minimum contacts; (ii) fair and reasonable; (ii) purposefully availed

Question 4

Constitutional Due Process requires actual (i) _____ to the defendant.

Answer 4

(i) notice

Question 5

For a diversity case, every (i) _______ must be a diverse state citizenship from each (ii) _________ (“complete diversity”)

Answer 5

(i) defendant; (ii) plaintiff

Question 6

For diversity action, the court must have complete diversity when the (i) _________ _________; there is an exception for (ii) _________.

Answer 6

(i) action commenced; (ii) interpleader

Question 7

Unincorporated associations and LLCs have the citizenship of (i) _______.

Answer 7

Members.

Question 8

For a class action, citizenship is the domicile of (i) _______ members.

Answer 8

(i) named

Question 9

For (i) ___________ jurisdiction, there must be a claim with original jurisdiction, and the second claim must arise from a (ii) ______ _______ of operative facts as the original claim, such that they should be tried together.

Answer 9

(i) supplement; (ii) common nucleus

Question 10

For $75,000, one plaintiff may (i) ______ claims against a single defendant, but one plaintiff may not (ii) _______ claims against multiple defendants, unless it is a joint liability claim. Several plaintiffs may aggregate claims against one defendant if they seek to enforce a (iii) ________ ______ or right.

Answer 10

(i) aggregate; (ii) aggregate; (iii) single title

Question 11

Supplemental jurisdiction is available in diversity to permissively joined plaintiffs even if their claim does not exceed ___________

Answer 11

$75,000

Question 12

A (i) ___________ counterclaim may invoke supplemental jurisdiction. A (ii) ________ counterclaim needs its own original jurisdiction.

Answer 12

(i) compulsory; (ii) permissive

Question 13

To invoke federal question jurisdiction, the federal question must appear in the ________.

Answer 13

Complaint

Question 14

In a federal question case, the federal court may hear a state law claim if it arises from a (i) ______ _________ of operative fact as the federal claim.

Answer 14

(i) common nucleus

Question 15

Venue is proper in a federal district where (i) _____ defendant resides (if they are all residents of the same state), or where a (ii) ________ _______ of the events or omissions occurred (or where property is located).

Answer 15

(i) any; (ii) substantial part

Question 16

For venue, an individual’s home is the district where he is (i) ___________; for a business entity, it is where they are subject to the court’s (ii) __________ jurisdiction.

Answer 16

(i) domiciled; (ii) personal jurisdiction

Question 17

A transfer of venue based solely on (i) _________ carries the law of the transferor court (including choice of law), unless (ii) the transfer was ordered to enforce a ______ ______ clause.

Answer 17

(i) convenience; (ii) forum selection

Question 18

If original venue is improper, the law of the (i) ________ court applies.

Answer 18

Transferee

Question 19

In a diversity case, a defendant can remove to federal court if (i) ________ parties are dismissed. However, a case cannot be removed solely on diversity if (ii) _____ defendant is a citizen of the (iii) ____ state. The case must be removed within (iv) _______ months, unless the defendant can show the plaintiff acted in (v) ___ ____ to prevent removal.

Answer 19

(i) non-diverse; (ii) any; (iii) forum; (iv) twelve; (v) bad faith

Question 20

If a federal question case is removed from state court, state law claims (i) ______ be (ii) ________ and remanded to state court.

Answer 20

(i) may; (ii) severed

Question 21

A request for removal should be requested within (i) _____ days of the service of complaint. If a subsequent pleading makes the case newly removable, the clock restarts again for (ii) ______ days.

Answer 21

(i) thirty; (ii) thirty

Question 22

Federally courts generally cannot use equitable powers to (i) ________ state court proceedings

Answer 22

(i) enjoin

Question 23

A preliminary injunction requires (i) _______ to the adverse party, and the moving party must demonstrate that a lack of injunction will cause (ii) ______ ________ that outweighs nay harm to the non-moving party, and that the movant is likely to (iii) _______ on the _______.

Answer 23

(i) notice; (ii) irreparable harm; (iii) succeed on the merits

Question 24

A temporary restraining order can be issued without (i) ______ to the adverse party

Answer 24

(i) notice

Question 25

(i) ____________ counterclaims are those that arise out of the same (ii) ________ or _________, and must be pleaded

Answer 25

(i) compulsory; (ii) transaction or occurrence

Question 26

Because a court cannot accord complete relief without an absentee party, the court has the power of (i) _______. If a court has personal jurisdiction over the party, and if inclusion will not destroy (ii) _______ _________ jurisdiction, the party must be joined.

Answer 26

(i) joinder; (ii) subject matter

Question 27

A class action requires: (i) __________ class so that joinder is impracticable; (ii) ______ _________ or law or fact; (iii) that the ______ party's interests are (iv) _________; that the named party will ensure fair and adequate (v) ____________ of absent members; and in equity, trying the case together is better than separate cases.

Answer 27

(i) numerousity; (ii) common questions; (iii) named; (iv) typical; (v) representation

Question 28

All members are bound in a class action unless they _____-____.

Answer 28

Opt-out

Question 29

A notice of (i) _______ is required in "common questions" suits so that members can opt-out.

Answer 29

(i) pendency

Question 30

A notice of (i) ________ must be given to class members so that they can object at a (ii) _______ hearing.

Answer 30

(i) settlement; (ii) fairness

Question 31

The court must approve a class action (i) _______ for it to bind, following a fairness hearing.

Answer 31

(i) settlement

Question 32

The Federal Class Action Fairness Act allows for jurisdiction if any plaintiff is diverse from any defendant, the aggregated amount in controversy exceeds (i) ___ million, and there are at least (ii) ______ members in the class.

Answer 32

(i) $5 million; (ii) 100

Question 33

For a shareholder derivative suit, the stockholder must have been an owner at the time of the (i) ___________

Answer 33

transaction

Question 34

Even without a discovery request, a party must make (i) _______ disclosures, including the names of (ii) ________ who support claims or defenses and material that supports (iii) _______ or defenses, also (iv) _____ testimony and their reports, and the parties must make pretrial disclosures, including a list of (v) ________ to be called, (vi) __________ to be used, and (viii) ________.

Answer 34

(i) initial; (ii) witnesses; (iii) claims or defenses; (iv) expert; (v) witnesses; (vi) depositions; (vii) evidence

Question 35

Generally, any (i) _______, (ii) non-_______ matter that is (iii) _________ to the needs of the case is subject to discovery.

Answer 35

(i) relevant, (ii) non-privileged; (iii) proportional

Question 36

Privileged material, prepared in advance of trial, can only be called in discovery if there is a (i) _______ need to avoid (ii) ______ ________.

Answer 36

(i) substantial need; (ii) undue hardship

Question 37

The adverse party may (i) __________ testifying (ii) ________, but may only depose consulting experts under (iii) _________ circumstances.

Answer 37

(i) depose; (ii) experts; (iii) exceptional

Question 38

If a party learns that disclosures of discovery is materially (i) ________ or (ii) ________, he is required to (iii) __________.

Answer 38

(i) incomplete; (ii) incorrect; (iii) supplement

Question 39

A motion to compel discovery must certify a (i) ____ _____ attempt to resolve the issue with the opponent.

Answer 39

(i) good faith

Question 40

The Rule 26(f) conference is for ________ _______.

Answer 40

planning discovery

Question 41

The Rule 16(b) conference is for ____________

Answer 41

scheduling

Question 42

A civil trial must be at least (i) ______ juror and no more than (ii) _______ jurors.

Answer 42

(i) six; (ii) twelve

Question 43

Any objection to a jury (i) _________ must be made before the jury retires.

Answer 43

(i) instruction

Question 44

In a Judgment as a Matter of Law (directed verdict), (i) _______ is viewed in a light most favorable to the non-moving party, (ii) witness ________ is not considered, and the evidence must be such that a (iii) ____________ ________ would not have a legally sufficient basis to find for the party on that issue.

Answer 44

(i) evidence; (ii) credibility; (iii) reasonable jury

Question 45

A party waives an appeal on the sufficiency of evidence if he neither files a (i) _________ or a motion for a (ii) ____ ______

Answer 45

(i) RJMOL; (ii) new trial

Question 46

An appeal generally must be filed within (i) ______ days

Answer 46

(i) thirty

Question 47

(i) ________ preclusion (res judicata) is a final judgment on the merits that bars (ii) _______ from asserting the same (iii) _______ in a later action.

Answer 47

(i) claim; (ii) claimant; (iii) claims

Question 48

(i) _______ preclusion (collateral estoppel) binds a party and those in (ii) _________ in subsequent actions from retrying elements that were (iii) _______ and (iv) _______ to the prior judgment.

Answer 48

(i) issue; (ii) privity; (iii) litigated; (iv) esential

Question 49

Courts more often allow issue preclusion to be used (i) _______. For (ii) _________ use, some states use a four-part test: are the issues (iii) ________; was there a (iv) ______ _______ on the _______; (v) did the defendant have a fair __________ to be ________; (vi) is the use of issue preclusion in this case ______ and ______.

Answer 49

(i) defensively; (ii) offensively; (iii) identical; (iv) final judgment on the merits; (v) opportunity to be heard; (vi) fair and equitable

Question 50

For a compulsory joined party, or a 3rd party defendant, a court may exercise personal jurisdiction if the party is served within (i) ______ miles from the place where the summons was issued.

Answer 50

(i) 100

Question 51

Modern Due Process requires that personal jurisdiction only be exercised where the defendant has (i) _______ with the forum ((ii) look for ______ ______ and that the defendant (iii) ________ anticipated being subject to the local court), that contact is (iv) _______ to the claim (unless there is general jurisdiction), and exercising PJ is (v) _______. Fairness means that the exercise of PJ will not offend the (vi) "_____ _____ of _____ _____ and substantial justice. Interests will be weighed in fairness. The Defendant must also receive (vii) _______ and have an (viii) ______ to be ______.

Answer 51

(i) contact; (ii) purposeful availment; (iii) reasonably anticipated; (iv) related; (vv) fair; (vi) traditional notions of fair play and substantial justice; (vii) notice; (viii) opportunity to be heard

Question 52

If a alien has been admitted to the US for (i) _____ _________, and is (ii) _________ in the same state as the opposing party, there is no (iii) __________ jurisdiction.

Answer 52

(i) permanent residence; (ii) domiciled; (iii) diversity

Question 53

In a derivative suit, the corporation is a nominal plaintiff, but the court will treat it as a (i) ______ under realignment according to interest for the purpose of determining if there is (ii) _______ jurisdiction.

Answer 53

(i) defendant; (ii) diversity

Question 54

(i) ________ jurisdiction is (ii) _________ for the court (except for compulsory counterclaims).

Answer 54

(i) supplemental; (ii) discretionary

Question 55

A (i) _______-claim may be asserted if it stems from the same (ii) ________ or ________, even if it does not have independent subject matter jurisdiction

Answer 55

(i) cross-claim; (ii) transaction or occurrence

Question 56

Attorneys fees that may be recovered by (i) _______ or (ii) _______ may be included in the amount in controversy

Answer 56

(i) contract; (ii) statute

Question 57

A co-plaintiff's whose claim does not meet the amount in controversy may invoke (i) _______ jurisdiction if the claim arises under the same (ii) _______ of ______ ______, but such a claim *cannot* override required (iii) ________.

Answer 57

(i) supplemental; (ii) nucleus of operative facts; (iii) diversity

Question 58

A compulsory counterclaim (same nucleus of operative facts) need not have (i) _________ grounds for jurisdiction, though a (ii) _______ counterclaim (unrelated) needs its own jurisdictional basis.

Answer 58

(i) independent; (ii) permissive

Question 59

For Erie purposes, the following are always *substantive*: (i) statutes of ________; (ii) rules for _______ statutes of limitations; (iii) choice of ______; (iv) ______ of a claim or defense.

Answer 59

(i) limitations; (ii) tolling; (iii) law; (iv) elements

Question 60

If the highest state court issues a decision on an issue after a federal court has made its determination, the decision of the (i) ______ court may be changed to conform to the new decision, up until the (ii) _______ of the final appeal.

Answer 60

(i) trial; (ii) disposition

Question 61

Federal courts have exclusive jurisdiction over (i) _______, (ii) ______ and copyright cases, (iii) many cases where the US is a ________, (iv) actions against ______ ______ removed from state court to federal court; (v) _______ matters; (vi) _____ cases; (vii) ____ cases.

Answer 61

(i) bankruptcy; (ii) patent; (iii) party; (iv) foreign states; (v) postal; (vi) IRS; (vii) SEC

Question 62

If there's no venue where either (a) all defendants reside in the state or (b) a substantial part of the events took place, venue is proper where any (i) _______ is subject to personal jurisdiction

Answer 62

(i) defendant

Question 63

Unlike an individual, whose venue is where he resides, a business entity can be sued in any venue where it is subject to the court's (i) _______ _______.

Answer 63

(i) personal jurisdiction

Question 64

To remove, (i) ____ defendant may be a resident of the state where the case was filed.

Answer 64

(i) no

Question 65

If a plaintiff seeks to remand a case back to state court, the motion must be filed within (i) ______ days of removal.

Answer 65

(i) 30

Question 66

If removal is possible, and there are multiple defendants, the defendants must (ii) ______ to removal

Answer 66

(ii) agree

Question 67

Any person who is at least (i) ____ years old and not a party to the action may serve process.

Answer 67

(i) eighteen

Question 68

Service must be completed within (i) ____ days of filing the complaint (court may extend for good cause)

Answer 68

(i) 90

Question 69

If the defendant (i) _____ service, he generally has sixty days to respond. If he does not waive service upon request, he will become liable for the (ii) ______ of ______, unless he had good cause not to waive.

Answer 69

(i) waive; (ii) costs of service

Question 70

Parties served in foreign countries may be served (i) as provided in an _______ _________, or in the absence of an agreement, as provided by the country's (ii) ________ or as directed by a foreign official; or by (iii) personal service or _______, or (iv) by any method the court _______ (that is not prohibited by international agreement).

Answer 70

(i) international agreement; (ii) law; (iii) mail; (iv) orders

Question 71

For (i) ______, (ii) _______, and (iii) _______ who enter a state to appear in another court action, the federal courts grant (iv) ______ from service of process.

Answer 71

(i) parties; (ii) witnesses; (iii) attorneys; (iv) immunity

Question 72

For a TRO, the plaintiff must allege (i) ______ _____ in an affidavit, certify in writing the efforts she made to notify the adverse party and/or the reasons why the adverse party should not be (ii) ______, and provide (iii) ______ to pay for any damages incurred by the adverse party.

Answer 72

(i) irreparable harm, (ii) notified; (iii) security

Question 73

A TRO can lasts for of (i) _______ days, but may be extended for (ii) ______ days. If it is extended beyond that period, it becomes an appealable (iii) ________ ______.

Answer 73

(i) fourteen; (ii) fourteen; (iii) preliminary injunction

Question 74

A preliminary injunction is similar to a TRO, in that the movant must allege irreparable harm, but it is different in that the movant most show the potential harm (i) _______ harm to the defendant, the plaintiff must show he is likely to be (ii) _______ on the _______, and that the (iii) _______ _______ favors the injunction.

Answer 74

(i) outweighs; (ii) successful on the merits; (iii) public interest

Question 75

A Complaint must state (i) ________ for jurisdiction, (ii) a _______ ______ of the claim showing that the pleader is entitled to relief, and (iii) a demand for _________ for _____. The claim must be (iv) ________

Answer 75

(i) grounds; (ii) short statement; (iii) judgment for relief; (iv) plausible

Question 76

A defendant must answer within (i) ___ days of service, or (ii) _______ days if he waived formal service (days after the request for waiver was mailed). If a pre-answer motion is filed, the answer is due (iii) ______ days after the court's ruling on the motion.

Answer 76

(i) 21; (ii) 60; (iii) 14

Question 77

If a claim arises from the same (i) ______ or ______ as the plaintiff's claim, it is a (ii) _________ counterclaim.

Answer 77

(i) transaction or occurrence; (ii) compulsory

Question 78

A pleading may be amended within (i) _____ days of service. Thereafter, the party can seek leave from the court to amend.

Answer 78

(i) 21

Question 79

On joinder the court asks, (i) _______ the party be joined (that party is necessary for complete relief), (ii) _____ the party be joined (without defeating jurisdiction), (iii) and _______ the action proceed (is another forum best?)

Answer 79

(i) should; (ii) can; (iii) should

Question 80

Section 1335 Interpleader allows a party to add a 3d party defendant so long as there is diversity between any two competing claimants and the amount be > (i) ________.

Answer 80

$500

Question 81

(i) _____ discovery disclosures must be made within (ii) ______ days after a discovery conference (Rule 26(f)), unless a different time is set by the court or by stipulation.

Answer 81

(i) initial; (ii) 14

Question 82

Initial disclosures includes: (i) the ______, addresses, and telephone numbers of individuals likely to have information relevant to claims or defenses; (ii) copies of ___________ related to claims or defenses; (iii) a ______ of damages claimed by the parties; and (iv) copies of __________ agreements that my be applicable.

Answer 82

(i) names; (ii) documents; (iii) computation; (iv) insurance

Question 83

Parties must disclose all information then (i) _____ available that is not (ii) ________ or (iii) _____-_____.

Answer 83

(i) reasonably; (ii) privileged; (iii) work-product

Question 84

The disclosure of an expert and his report must be (i) _____ days before trial (unless otherwise noted)

Answer 84

90

Question 85

Pretrial disclosures are due (i) _____ days before trial

Answer 85

30

Question 86

If a party objects to pretrial disclosures, they must do so within (i) _______ days. If not made, the objection is waived, except if the evidence is irrelevant, prejudicial, or confusing under FRE 402 and 403.

Answer 86

(i) 14

Question 87

In general, discovery may be had of any (i) ________ matter that is (ii) __________ to any party's (iii) _____ or __________, and is (iv) ______ to the needs of the case.

Answer 87

(i) non-privileged; (ii) relevant; (iii) claims or defenses; (iv) proportional

Question 88

Work product is made in (i) _______ of ______, and is discoverable only upon the showing of a (ii) _______ ____ to avoid (iii) ______ ______.

Answer 88

(i) anticipation of litigation; (ii) substantial need; (iii) undue hardship

Question 89

A party may not seek discovery until after the (i) ______ conference

Answer 89

26(f)

Question 90

A party who desires a jury trial must demand it within (i) ____ days after the filing of the last pleading directed to the jury-triable issue.

Answer 90

(i) 14

Question 91

If a party fails to object to a jury instruction, the appeals court will hear the appeal only if the erroneous instruction was (i) _____ ______ that affected the party's (ii) _____ ______.

Answer 91

(i) plain error; (ii) substantial rights

Question 92

If a jury verdict is (i) _________ or (ii) ______, the judge may ask the jury to re-deliberate.

Answer 92

(i) inconsistent; (ii) inconceivable

Question 93

A plaintiff may dismiss his action by notice without leave of the court before the defendant files an (i) ________ (or motion for summary judgment). Thereafter, the parties must seek leave of the (iii) _____

Answer 93

(i) answer; (ii) stipulate; (iii) leave

Question 94

Summary judgment may be filed at any time until (i) _____ days from the close of discovery.

Answer 94

(i) 30

Question 95

A renewed motion for a judgment as a matter of law must be filed within (i) ____ days of the judgment entry

Answer 95

(i) 28

Question 96

A motion for a new trial must be filed within (i) _____ days of the judgment. A court may grant a new trial based on an (ii) _______ during the trial, or because the verdict is against the (iii) _____ of the evidence.

Answer 96

(i) 28; (ii) error; (iii) weight

Question 97

In a bench trial, the judges ruling must be supported by findings of cats or law, either in (i) _______ or (ii) _____ in the record.

Answer 97

(i) writing; (ii) orally

Question 98

A clerical error on a judgment may be corrected at (i) ____ time.

Answer 98

Any

Question 99

A motion to amend judgment based on (i) ____ ______ that was not previously available, (ii) an intervening change in _______ law, (iii) a clear ______ of law or fact, or (iv) an issue of ______ justice must be made within (v) ______ days of order.

Answer 99

(i) new evidence; (ii) controlling; (iii) error; (iv) manifest justice; (v) 28

Question 100

There are extraordinary grounds for relief of judgment, including mistake, newly discovered evidence (could not have been discovered vie due diligence, and did exist at trial), fraud of another party, or a prior judgment being vacated; these changes must come within (i) _____ Year.

Answer 100

One

Question 101

An appeal may be taken by filing notice of appeal with the (i) ______ court within (ii) ______ days of entry of judgment.

Answer 101

(i) district; (ii) 30

Question 102

An interlocutory appeal can be heard if the trial judge (i) _______ that there is a controlling issue of (ii) ______ to be decided, and the appeals court (ii) ______ to hear the appeal.

Answer 102

(i) trial; (ii) law; (iii) agrees

Question 103

An order granting or certifying a class action can be appealed at the appellate court's discretion within (i) _____ days of the entry of the order.

Answer 103

(i) 14

Question 104

An order of (i) ________ from the appeals court compels the trial court judge to act, and an order of (ii) _______ prevents the trial court from acting

Answer 104

(i) mandamus; (ii) prohibition

Question 105

The appellate court reviews issues of law (i) __ ____

Answer 105

de novo

Question 106

The appellate court reviews findings of facts on a (i) _____ _____ standard.

Answer 106

clearly erroneous

Question 107

The appellate court reviews mixed questions of law and fact: (i) _ ____

Answer 107

de novo

Question 108

The appellate court reviews discretionary orders (e.g., admission of evidence) on an (i) ______ of ______ standard.

Answer 108

Abuse of discretion

Question 109

No execution on judgment (except for injunctions or receiverships) is valid until ____ days after entry

Answer 109

30

Question 110

Expiration of TRO, time to file a jury demand (since last pleading), and time to appeal a class action certification are all: _______ days.

Answer 110

Fourteen

Question 111

Time after complaint to answer or file a Rule 12 motion, Time to amend a pleading (as a matter of course), and time to withdraw after a Rule 11 motion are all: ______ days.

Answer 111

21 days

Question 112

Time to file a RJMOL or a motion for a new trial after trial is: ______ days

Answer 112

28 days

Question 113

Time to initially file for removal, remand, time to return a request for waiver of process (add 30 days if outside US), and time to file an appeal are: _____ days

Answer 113

30 days

Question 114

Time to file an answer or 12 motion if service of process was waived is _____ days

Answer 114

60 days

Question 115

Process must be served within ______ days of the filing of the complaint

Answer 115

90 days

Question 116

The maximum time limit for removal based on diversity is: _____ year

Answer 116

One