Civil Procedure

Question 1

Requirements for Permissive Joinder

Answer 1

1. Assert joint liability or that claim arises from the same transaction or occurrence as the underlying claim
2. Any question of law or fact common to all the plaintiffs will arise

Applies to Ps and Ds

Question 2

Standard for Judgement as a Matter of Law

Answer 2

Once a party has been fully heard on an issue at a jury trial, court may grant motion for JMOL resolving the issue against the party if the court finds insufficient evidence for a jury reasonably to find for that party.

Must view the evidence in light of the non-moving party and resolve any doubts in favor of the non-moving party

Question 3

5 bases for in personam jurisdiction

Answer 3

1. Attachment
2. Consent
3. Voluntary presence
4. Long-arm statute
5. Domicile

Question 4

When a class action is brought under a common legal or factual question, what information must be provided to the class members?

Answer 4

1. Nature of the claim
2. Definition of the class
3. Class claims, issues, or defenses
4. Member has the right to make an appearance on record through an attorney
5. Right to be excluded from the class
6. Deadline and manner for withdrawing
7. An explanation that remedy will be binding

Question 5

Preliminary injunction requirements

Answer 5

1. Plaintiff likely to succeed on the merits
2. Plaintiff would suffer irreversible harm in the absence of an injunction
3. Balance of equities in his favor
4. Injunction in the best interests of the public

Question 6

What interlocutory orders are immediately appealable?

Answer 6

1. Orders granting, modifying, or terminating an injunction
2. An order appointing or refusing to appoint a receiver
3. A decree determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed.

Question 7

Types of Class Actions

Answer 7

1. Risk of prejudice
2. Common legal or factual question
3. Final equitable relief

Question 8

Grounds for New Trial

Answer 8

1. Error at trial that makes the judgment unfair
2. Misconduct by judge, juror, party, or attorney
3. Verdict against clear weight of the evidence
4. New evidence available at the time but excusably overlooked that would change the outcome
5. Jury verdict is excessive or inadequate
6. Verdict based on false evidence

Question 9

Claim Preclusion Requirements

Answer 9

1. Final judgment on the merits
2. Sufficiently identical parties
3. Sufficiently identical claims