Civil Procedure

Question 1

Claim Preclusion

Answer 1

precludes the parties in an action from subsequently relitigating any claim that was or could have been raised in that action

(1) The parties are identical in lawsuit #1 and #2
(2) The first lawsuit ended in a valid judgment on the merits
(3) The claimant is asserting the same claim as in Lawsuit # 1

1. same parties
2. valid judgement
3. same claim

Question 2

Issue Preclusion

Answer 2

precludes a party from attempting to retry an issue if there has been a final judgment on the merits by a court of competent jurisdiction

(1) same issue was actually litigated
(2) final judgment on the merits
(3) Issue was essential to the judgment
(4) The party against whom issue preclusion is asserted must have been a party in the prior lawsuit or a successor in interest

Question 3

Personal Jx Outline

Answer 3

Pj authorized by statue

Traditional
(1) domicile
(2) consent
(3) proper service

• Longarm statue

Due Process
(1) Minimum Contacts
- purposeful availment, foreseeablility, relatednes (s v. general)
(2) Fairplay

Question 4

Minimum Contacts

Answer 4

(1) purposefully availment
(2) Foreeseeable - reaonable anticipation of being sued in state
(3) Relatedness (specific vs general)

Question 5

Fair Play

Answer 5

(1) interest of forum state
(2) Burden on D to appear
(3) Interest in judicial efficacy
(4) Shared interest of the states in promoting common policy

Question 6

Long Arm Statue

Answer 6

Fed: a mechanism that gives that state the power to reach beyond its own borders and assert jx over nonresidents

CA: courts may exercise PJ on any basis that is in accord with the CA or U.S. Constitution

Question 7

Venue

Answer 7

Venue is proper

(1) where the claim arose
(2) where the defendant resides (state is county)
(3) where the property or substantial part of the property is subject to
(4) alternative: any judicial district in which any defendant is subject to personal jx

state: where the contract was executed or performed

proper: convience of parties, interest of justice, and the other court is proper

improper: dismiss or transfer

• forum non conveniens: would better be tried in a forum state

Question 8

Removal

Answer 8

allows the defendant to have a case removed from to federal court where the case would have properly been brought

(1) the federal court has SMJ
(2) All D’s agree
(3) no D’s a resident of the forum state
(4) removal is sought within 30 days after service of the first “removal” document

remand within 30 days of removal, but no limit if no SMJ