Civil Procedure

Question 1

Federal Question
Jurisdiction

Answer 1

Federal question jurisdiction exists when the claim arises under federal law. The federal question must be presented on the face of a well-pleaded complaint.

Question 2

Diversity of Citizenship Jurisdiction

Answer 2

A federal court has diversity of citizenship jurisdiction when complete diversity is present and the amount in controversy exceeds $75,000.

Question 3

Supplemental Jurisdiction

Answer 3

Supplemental jurisdiction allows a federal court with valid subject-matter jurisdiction over a case to hear additional claims which the court would not independently have jurisdiction. The claims must arise from a common nucleus of operative fact.

Question 4

Compulsory Counterclaim

Answer 4

A compulsory counterclaim arises from the same transaction or occurrence as the original claim. A federal court sitting in diversity has supplemental jurisdiction over compulsory counterclaims.

Question 5

Permissive Counterclaim

Answer 5

A permissive counterclaim does not arise out of the same transaction or occurrence. A permissive counterclaim can only supplemental an original claim if the claim independently satisfies diversity.

Question 6

Crossclaim

Answer 6

A crossclaim is an offensive claim against a co-party arising from STO. Supplemental jurisdiction applies to crossclaims arising from STO as original claim.

Question 7

Removal

Answer 7

A defendant may remove a case to federal court in the district where the state court case was originally filed if the federal court has subject-matter jurisdiction and removal is sought in 30-days.

Question 8

Removal: Diversity
Jurisdiction

Answer 8

A defendant may remove if complete diversity is present, the amount in controversy exceeds $75,000, and the action is brought in a state which no defendant is a citizen.

Question 9

Remand

Answer 9

A plaintiff must file a motion to remand to state court within 30-days after removal.

Question 10

Personal Jurisdiction

Answer 10

State courts may exercise personal jurisdiction over a nonresident defendant when there is authorization by the state and constitutional due process.

Question 11

Traditional Bases for PJ

Answer 11

A state has personal jurisdiction over a nonresident defendant based on domicile, physical presence in the forum, consent, or waiver by appearing.

Question 12

Constitutional Due Process for PJ

Answer 12

Constitutional due process requires that defendant has sufficient minimum contacts so as not to offend traditional notions of fair play and substantial justice.

Question 13

Service of Process

Answer 13

A plaintiff has 90-days after filing to serve a copy of the summons and complaint “process” on the defendant. Service of process can be achieved by any nonparty who is at least 18 years old.

Question 14

Proper Venue

Answer 14

Venue is proper in any district where any defendant resides if all defendants reside in same state; a substantial part of the events giving rise to claim occurred; or if neither apply then wherever defendant is subject to PJ.

Question 15

Proper Venue Transfer

Answer 15

If venue is proper, the court may transfer for the convenience of the parties or witnesses to any court where the case could have originally been filed. Rules of transferor court apply.

Question 16

Improper Venue Transfer

Answer 16

If venue is improper, the court must dismiss the case or transfer to a venue in which the case could have originally been filed.

Question 17

Erie Doctrine

Answer 17

Under the Erie doctrine, a federal court sitting in diversity must apply the law of the forum state in which it sits regarding substantive areas. However, a federal court will apply its own procedural law.

Question 18

Preliminary Injunction

Answer 18

A plaintiff seeking a preliminary injunction must establish likelihood of irreparable harm; likelihood to suffer greater harm than defendant; likelihood of success on the merits; and injunction in the best interest of public.

Question 19

TRO

Answer 19

A plaintiff seeking a TRO must establish likelihood of immediate and irreparable harm; likelihood to suffer greater harm than defendant; likelihood of success on the merits; and injunction in the best interest of public.

Question 20

Entry of Default

Answer 20

A default is entered by a clerk if there is no timely answer. Entry of default itself does not give plaintiff rights to recovery.

Question 21

Default Judgments by Clerk

Answer 21

A default judgment is entered by a clerk for a “sum certain” and does not require notice.

Question 22

Default Judgment by Judge

Answer 22

A default judgment is entered by a judge when the sum needs to be decided. Default judgments entered by a judge require notice if defendant has appeared.

Question 23

Pleadings

Answer 23

The complaint must state grounds for subject matter jurisdiction, a short statement of the claim that shows the pleader is entitled to relief, and a demand for relief.

Question 24

Answer

Answer 24

The defendant’s answer must state a specific denial or admission of each allegation in the complaint or a general denial of all allegations. Answer must be filed 21-days after service; 14-days after pre-answer motion is denied; and 60-days if service was waived.

Question 25

Amendment by Right

Answer 25

A party may amend a pleading once as a matter of right within 21-days if no responsive pleading is required.

Question 26

Amendment by Leave of Court

Answer 26

The court can permit an amendment to a pleading when justice so requires.

Question 27

Relation Back: Claims

Answer 27

If the pleading is amended to include a new claim or defense, the amendment will relate back to the date of the original pleading if the new claim arose out of the same transaction or occurrence.

Question 28

Relation Back: Defendant

Answer 28

If the pleading is amended to include a new party or change a party, the amendment will relate back to the date of the original claim if claim arises from STO; the party to be brought receives notice within reasonable time; and the party knew or should have known that the action would have been brought.

Question 29

Permissive Joinder

Answer 29

Parties may join as plaintiffs or be joined as defendants when a common question of law or fact exists and the claim arises from STO.

Question 30

Compulsory Joinder

Answer 30

A party must be joined if court has PJ over absent party; absent party would not destroy SMJ; and either: complete relief cannot be accorded, OR absent party has a interest in the action and their absence will impede the ability to protect that interest.

Question 31

Impleader

Answer 31

A defendant may implead a third-party who may be liable for all or part of the plaintiff’s injuries.

Question 32

Intervention

Answer 32

A nonparty may intervene if they have an interest in the subject-matter of the litigation and their interest is not adequately protected.

Question 33

Class Actions

Answer 33

A person can sue on behalf of class if there is numerosity, commonality, typicality, and adequacy.

Question 34

Class Certification

Answer 34

A class will be certified if separate actions would create risk of inconsistent adjudications, grounds of relief are appropriate for the class, and class action is superior to alternate methods.

Question 35

Discoverable Information

Answer 35

A party may obtain all nonprivileged info relevant to any party’s claim or defense and proportional to the needs of the case.

Question 36

Depositions

Answer 36

A party may take the deposition of any party or nonparty, with a subpoena, after initial disclosures have been made. The parties are limited to 10 depositions.

Question 37

Initial Disclosures

Answer 37

Without request, each party must provide contact information of individuals with discoverable information, copy or description of evidence that may be used to support claims or defenses, computation of damages, and insurance agreements that may be liable.

Question 38

Work-Product Doctrine

Answer 38

The work-product doctrine protects materials prepared by an attorney or client in anticipation of or during litigation from discovery by opposing counsel.

Question 39

Qualified Privilege

Answer 39

Work-product can be discovered if materials are otherwise unavailable, there is undue hardship, and party shows substantial need for materials.

Question 40

Motion for S/J

Answer 40

A motion for summary judgment must be granted if, when viewing in light most favorable to nonmoving, there is no genuine dispute as to a material fact and moving party is entitled to judgment as a matter of law. Must be filed 30 days after close of discovery.

Question 41

JMOL

Answer 41

A motion for JMOL must be granted when viewing in light most favorable to nonmovant the court finds that a reasonable jury would not have a legally sufficient basis to find for nonmovant. May be filed at close of nonmovant's evidence or close of evidence entirely.

Question 42

R-JMOL

Answer 42

A renewed motion for JMOL must be granted when, viewing in light most favorable to nonmovant, the court finds that a reasonable jury would not have a legally sufficient basis to find for nonmovant. Must be requested 28-days after final judgment if it was preserved by filing JMOL and is limited to issues raised in JMOL.

Question 43

Motion for New Trial

Answer 43

The court may grant a new trial if an error was made at trial; newly discovered evidence existed at the time that was overlooked; prejudicial misconduct; verdict against weight of evidence or based on false evidence.

Question 44

Remittur

Answer 44

Remittur allows the plaintiff to accept a lesser award or a new trial when the jury award shocks the conscience.

Question 45

Rule 11 Certifications

Answer 45

Every pleading must be signed by an attorney certifying that it is not presented for an improper purpose, legal contentions are warranted and not frivolous, factual contentions have evidentiary support or will after discovery, and denials of factual contentions are warranted.

Question 46

Rule 11 Sanctions "Safe Harbor Provision"

Answer 46

A party or the court may move for sanctions if the certified pleadings violate the requirements. The party seeking sanctions must serve a separate motion on the other party, but the motion may not be filed if the challenged document is withdrawn or appropriately corrected within 21-days.

Question 47

Res Judicata

Answer 47

Res judicata precludes successive litigation of an identical claim when the original claim resulted in final judgment on the merits, the claims are sufficiently identical, and the claimant and defendant must be the same.

Question 48

Collateral Estoppel

Answer 48

Collateral estoppel preclude religiation of issues of fact or law when the issue sought to be precluded is the same, the issues were actually litigated, issue was determined by a valid final judgment, and determination was essential to the prior judgment.

Question 49

Collateral Order Doctrine

Answer 49

A party may appeal an interlocutory order if the ruling: (1) decides a claim or issue that is separable from and collateral to the merits; (2) involves a serious unsettled legal question; and (3) would be effectively reviewable if final judgment is waived.

Question 50

Rights to Jury Trial

Answer 50

The 7th Amendment protects the right to a jury trial in federal courts with civil cases where claims exceed $20. A jury trial request must be made within 14-days after an issue involving a jury arises.

Question 51

Jury Claims: Equitable v. Legal

Answer 51

When there is an equitable claim and a legal claim with a request for a jury trial on the legal claim, the legal claim will be presented to the jury first and then the equitable claim to the judge.