civil procedure

Question 1

Supplemental Jurisdiction, FQ

Answer 1

• P can bring state law claims that are related to the federal claim (anchor claim)
• An additional P can bring a STATE law claim against the defendant if related to the original P’s FEDERAL (anchor) claim
• A D can bring a cross-claim against another D so long as the claim is related to anchor claim

Question 2

Supplemental Jurisdiction, DJ

Answer 2

1) P can bring any state law claim related to the basis of the original claim

2) An additional P can bring a related state law claim against the defendant so long as the P does not destroy DIVERSITY

3) A D can bring a cross-claim against another D so long as it is related to the original claim

Question 3

Supplemental Jurisdiction, Rejection

Answer 3

 Courts have discretion to reject supplemental jurisdiction if:

a) The claims are complex or predominate the lawsuit;
b) The federal law claims are dismissed; or
c) There are any other compelling reasons to decline jurisdiction.

Question 4

Removal

Answer 4

• Defendant may remove so long as the federal court can exercise SMJ over the case
• Additional removal factors:
  [] Diversity Jurisdiction—no defendants can be citizens of the state in which the claim was
  originally filed
   Motion for removal must be filed within 30 days of receiving the complaint
   All defendants must join in or consent to removal

Question 5

Venue

Answer 5

1) A district in which any defendant resides if all defendants reside in the state where the district is located

2) Where a substantial part of the events or omissions occurred, or where the property is situated; or

3) If neither of the above apply, venue is proper in a judicial district where any defendant is subject to PJ

Question 6

Transfer of Venue Analysis

Answer 6

1) Is there personal jurisdiction?
2) Is there subject matter jurisdiction?
3) Is venue appropriate in the new district?
4) Is transfer to the new venue in the interest of justice?

Question 7

Erie Doctrine, Substantive Law

Answer 7

 A state law that alters the calculation of damages is a substantive law under Erie
 A state law regarding a statute of limitations is substantive under Erie
 State laws that create evidentiary privileges are substantive under Erie

Question 8

Temporary Restraining Order

Answer 8

• Party seeks to maintain the status quo prior to a hearing for a preliminary injunction
• Must show:

1) Immediate and irreparable injury would occur absent the TRO; and
2) An effort was made to give notice to the opposing side (or the reason notice should not
be required)

• Court may grant TRO without the opposing party present

Question 9

Preliminary Injunction

Answer 9

• Requires notice to the opposing party and a hearing
• Plaintiff must show:
  1) Likely to succeed on the merits;

2) Likely to suffer irreparable harm in absence of injunction;

3) Balancing the equities favors granting; and

4) Injunction is in the best interests of the public

Question 10

Rule 12 Motions to Dismiss

Answer 10

• Any pleading, in a motion for judgment on the pleadings, or at trial
  -Failure to State a Claim
  -Rule 19 Failure to Join a Necessary Party
• First Opportunity (first pre-answer motion (or if none, then the answer))
  -Lack of PJ
  -Improper Venue
  -Insufficient Service
• Whenever
  -Lack of SMJ

Question 11

Rule 15 Amendments, Generally

Answer 11

• P may amend its pleading once as a matter of right within 21 days after service on D
• Otherwise, party may seek leave of court or written consent from opponent

Question 12

Rule 15 Amendments, Adding a New Claim

Answer 12

Permitted if:
 The original complaint was timely; and
 The new claim arises out of the same transaction or occurrence as the original claims

Question 13

Rule 15 Amendments, Adding a New Defendant

Answer 13

Permitted if:
 The claim arose out of the same conduct, transaction or occurrence;
 The new defendant received notice of the action within 90 days of the original
complaint; and
 The new defendant knew or should have known that but-for a mistake, he would have been part of the original complaint

Question 14

Rule 11 Standards for Filing

Answer 14

• When an attorney (or unrepresented party) submits a pleading, motion or other signed document, he certifies that the documents are filed in good faith.
• If challenged, must withdraw or revise the document
• May be subject to sanctions for violation of this Rule

Question 15

Rule 19 Compulsory Joinder of Parties, Generally

Answer 15

Requirements:
1) The party must be necessary
2) There must be PJ over the new party
3) There must be SMJ (adding the party cannot destroy diversity)
* If adding the party would ruin diversity, the court must decide whether the party is indispensable (dismiss the case) or not (proceed without the party)

Question 16

Rule 19 Compulsory Joinder of Parties, “necessary” party

Answer 16

 Court cannot afford complete relief without the party;

 There is a danger that the party would be harmed without joining; OR

 There is a risk of an inconsistent judgment or double liability

Question 17

Rule 19 Compulsory Joinder of Parties, Factors to determine whether the new party is “indispensable”

Answer 17

1) Extent to which judgment would prejudice the parties in the person’s absence;

2) Extent to which prejudice could be reduced or avoided by protective provisions;

3) Whether a judgment rendered would be adequate; and

4) Whether the plaintiff would have an adequate remedy if action were dismissed for nonjoinder

Question 18

Rule 13 Cross-Claim

Answer 18

*D1 suing D2, vice versa

• Can bring a cross-claim so long as it arises out of the same transaction or occurrence as P’s original claim
• Must have SMJ over the cross-claim (federal question, diversity, or supplemental)

Question 19

Rule 14 Impleader

Answer 19

• D tries to pull in outside party
• Impleaded claim must relate to the original claim P and D
• Must have SMJ over the impleaded claim (federal question, diversity, or supplemental)

Question 20

Rule 24 Intervention

Answer 20

• Outside nonparty seeks to join the suit

1) Intervention as of right if:
a) Nonparty has an interest in the subject matter of the action;
b) The action may affect their interest; and
c) The nonparty’s interest is not adequately represented by the existing parties

2) Permissive intervention allowed if:
a) Nonparty is granted a conditional right under federal statute; or
b) Nonparty has a claim or defense related to the original cause of action

Question 21

Rule 26 Discovery, Scope

Answer 21

• Parties may discover any nonprivileged matter that is relevant to a claim or defense.
• Court may limit discovery if unduly expensive or burdensome
• Does not need to be admissible evidence in order to be subject to discovery
• A party may not discover privileged information

Question 22

Work Product Privilege

Answer 22

• Protects materials prepared by a party in anticipation of litigation
• Exception:
  a) Information is not reasonably available by other means; and
  b) The party would be substantially prejudiced if not allowed to access the materials
• Cannot discover Mental Impressions

Question 23

Duty to Preserve Electronically Stored Information in Anticipation of Litigation

Answer 23

• Must take reasonable steps to preserve or could be subject to sanctions
• Court may presume that the lost information was unfavorable to the party that failed to preserve it
• Court may also dismiss the case or enter default judgment

Question 24

Physical and Mental Exams

Answer 24

Can compel a mental or physical exam of a party if that party’s mental or physical condition is at issue

Question 25

Depositions

Answer 25

* A party can depose another party or a nonparty * To depose a nonparty, must serve a subpoena * Can also request that a nonparty produce documents by serving a subpoena duces tecum

Question 26

Rule 56 Summary Judgment

Answer 26

* Asserts that: 1) There is no genuine dispute as to any material fact and 2) The party is entitled to judgment as a matter of law, given the facts * If the fact pattern contains conflicting facts presented by the parties, that is a genuine dispute of fact; As long as it is a material fact, summary judgment is inappropriate.

Question 27

Jury Trial

Answer 27

* Seventh Amendment—right to jury trial when damages exceed $20 * Must demand jury trial within 14 days after service of last pleading

Question 28

Judgment as a Matter of Law (Directed Verdict)

Answer 28

* Motion made by either party at the close of plaintiff’s evidence or the close of all evidence * Granted if no reasonable person could differ as to the outcome

Question 29

Renewed Motion for Judgment as a Matter of Law

Answer 29

* Motion for judgment as a matter of law is denied and the issue goes to the jury * The jury deliberates and delivers a verdict * Renewed motion for judgment as a matter of law asks the court to override the jury’s verdict * Can only “renew” this motion if it was made earlier

Question 30

Claim Preclusion (Res Judicata)

Answer 30

Three requirements: 1) The same P and the same D from lawsuit #1; 2) Lawsuit #1 ended in a valid final judgment on the merits; and 3) Claimant is asserting the same claim as in Lawsuit #1

Question 31

Issue Preclusion (Collateral Estoppel)

Answer 31

* P1 sues D and P1 wins an issue of fact or law. P2 brings a second lawsuit against the same D and asks the court to preclude the D from relitigating the issue. Four Requirements: 1) Same issue was actually litigated; 2) Final valid judgment on the merits; 3) Issue was essential to the judgment; and 4) The party against whom issue preclusion is asserted must have been a party in the prior lawsuit or represented in that lawsuit (a successor-in-interest)—must be fair for new P to assert same issue (prior law required a mutuality of parties)

Question 32

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