Civil Procedure

Question 1

What is Subject Matter Jurisdiction (SMJ)?

Answer 1

The authority of a federal court to hear a case based on the nature of the claim.

Question 2

What is Federal Question Jurisdiction?

Answer 2

A federal court has SMJ under federal question jurisdiction if the complaint alleges a claim that arises under federal law.

Question 3

What is the Well-Pleaded Complaint Rule?

Answer 3

The federal question must be presented on the face of the plaintiff’s complaint.

Question 4

What is Diversity Jurisdiction?

Answer 4

A federal court has SMJ under diversity jurisdiction if there is complete diversity and the amount in controversy exceeds $75,000.

Question 5

Define Complete Diversity.

Answer 5

Every citizenship represented on the plaintiff’s side must be different from every citizenship represented on the defendant’s side.

Question 6

What is the amount in controversy (AIC) requirement for diversity jurisdiction?

Answer 6

The amount in controversy must exceed $75,000.

Question 7

Can one plaintiff aggregate claims against multiple defendants in diversity jurisdiction?

Answer 7

Yes, if the defendants are jointly liable.

Question 8

What types of matters are excluded from diversity jurisdiction?

Answer 8

Probate actions and domestic relation matters.

Question 9

How is citizenship determined for individuals?

Answer 9

Citizenship is determined by the individual’s state or country of domicile.

Question 10

How is citizenship determined for corporations?

Answer 10

Corporations have dual citizenship: the state of incorporation and the principal place of business.

Question 11

What is Supplemental Jurisdiction?

Answer 11

It allows a federal court with valid SMJ to hear additional claims that do not independently have jurisdiction if they arise out of the same case or controversy.

Question 12

What is a Compulsory Counterclaim?

Answer 12

A counterclaim that arises out of the same transaction or occurrence as the original claim.

Question 13

What is a Permissive Counterclaim?

Answer 13

A counterclaim that does not arise out of the same transaction or occurrence as the original claim and must independently satisfy diversity jurisdiction.

Question 14

What is the removal process?

Answer 14

Removal allows a defendant to move a case from state court to federal court if the case could have been originally brought in federal court.

Question 15

What are the requirements for a defendant to seek removal?

Answer 15

The defendant must seek removal within 30 days of learning the grounds for removal.

Question 16

What is Personal Jurisdiction?

Answer 16

The court’s authority to adjudicate the rights and liabilities of a defendant.

Question 17

What are the four traditional bases for Personal Jurisdiction?

Answer 17

• Domicile
• Physical Presence
• Consent
• Waiver

Question 18

What is General Jurisdiction?

Answer 18

General jurisdiction is present when the defendant is essentially ‘at home’ in the forum state.

Question 19

What is Specific Jurisdiction?

Answer 19

Specific jurisdiction allows courts to exercise jurisdiction over out-of-state defendants based on their specific contacts with the forum state.

Question 20

What is the standard for establishing Specific Jurisdiction?

Answer 20

The defendant must have purposefully availed himself of the benefits of the forum state.

Question 21

What are the methods of serving a summons and complaint to an individual?

Answer 21

• Delivering a copy personally
• Leaving a copy at the individual’s dwelling
• Delivering to an authorized agent

Question 22

What is Venue?

Answer 22

Venue determines the judicial district in which a lawsuit may be filed.

Question 23

What are the criteria for proper Venue?

Answer 23

• Any defendant resides in the same state
• A substantial part of events occurred in the district
• If no district satisfies the above, any district where a defendant is subject to personal jurisdiction.

Question 24

What happens if venue is improper?

Answer 24

The court must either dismiss the case or transfer it to a proper venue.

Question 25

What is the purpose of Abstention?

Answer 25

To avoid intruding upon the powers of a state court.

Question 26

What is a Preliminary Injunction?

Answer 26

A court order that preserves the status quo until a final judgment is reached.

Question 27

What are the two types of Preliminary Injunctions?

Answer 27

* Prohibitory Injunction * Mandatory Injunction

Question 28

What is the purpose of a preliminary injunction?

Answer 28

To preserve the status quo of the parties until a final judgment on the merits can be reached.

Question 29

What are the two types of preliminary injunctions?

Answer 29

* Prohibitory Injunction * Mandatory Injunction

Question 30

What must every order granting an injunction include?

Answer 30

* State the reasons for issuance * State its terms specifically * Describe in reasonable detail the acts restrained or required

Question 31

What must a plaintiff establish to obtain a preliminary injunction?

Answer 31

* Likely to suffer irreparable harm * Likely to suffer greater harm than the defendant * Likely to succeed on the merits * Injunction is in the best interest of the public

Question 32

True or False: A Temporary Restraining Order (TRO) can last longer than 14 days without good cause.

Answer 32

False

Question 33

What is a key requirement for issuing a TRO without notice to the non-moving party?

Answer 33

Specific facts must show immediate and irreparable harm will result before the non-moving party can be heard.

Question 34

What are the essential components of a complaint?

Answer 34

* Grounds for subject matter jurisdiction * Short statement of the claim * Demand for judgment for relief

Question 35

What defenses can be raised in a pre-answer motion?

Answer 35

* Lack of subject matter jurisdiction * Lack of personal jurisdiction * Improper venue * Insufficiency of process * Insufficiency of service of process * Failure to state a claim * Failure to join an indispensable party

Question 36

What must an answer include?

Answer 36

* Specific denial or admission of allegations * Affirmative defenses

Question 37

Fill in the blank: A party may amend a pleading _______ or by leave of the court.

Answer 37

[by right]

Question 38

What is the relation back doctrine?

Answer 38

Determines whether an amendment to a pleading relates back to the date of the original pleading for statute of limitations purposes.

Question 39

What constitutes compulsory joinder of parties?

Answer 39

* Court has personal jurisdiction over the absentee * Absentee’s presence does not destroy jurisdiction or venue * Complete relief cannot be accorded without the absentee

Question 40

What is permissive joinder?

Answer 40

Parties may join as plaintiffs or be joined as defendants if claims arise out of the same transactions or occurrences.

Question 41

What does interpleader allow a party to do?

Answer 41

Compel two or more parties to litigate a dispute.

Question 42

What are the two types of intervention?

Answer 42

* Intervention as of right * Permissive intervention

Question 43

What are the requirements for a class action to be proper?

Answer 43

* Class is numerous * Questions of law or fact are common * Interests of named parties are typical * Named parties will adequately represent the class

Question 44

What must parties do during a Rule 26(f) conference?

Answer 44

* Consider claims and defenses * Discuss possibility of settlement * Submit a proposed discovery plan

Question 45

What are initial disclosures?

Answer 45

* Names and contact info of individuals with discoverable info * Documents and tangible things in possession * Computation of damages * Copies of insurance agreements

Question 46

What is the scope of discoverable information?

Answer 46

* Relevant to any party’s claim or defense * Proportional to the needs of the case

Question 47

What is the maximum number of written interrogatories a party can serve?

Answer 47

25

Question 48

What is the attorney work-product doctrine?

Answer 48

Protects materials prepared by an attorney or client in anticipation of litigation from discovery by opposing counsel.

Question 49

What are potential sanctions for failing to appear at a pretrial conference?

Answer 49

* Dismissal of all or part of the action * Holding parties in contempt of court

Question 50

What must a party do if they withhold information believed to be privileged?

Answer 50

Make the claim expressly and describe the nature of the documents.

Question 51

What happens if a party fails to participate in good faith in developing a discovery plan?

Answer 51

The court may impose sanctions.

Question 52

What is the consequence of failing to participate in good faith in the framing of a discovery plan?

Answer 52

The court may order the party or attorney to pay reasonable expenses, including attorney’s fees, after a hearing. ## Footnote This is based on Rule 26(f).

Question 53

What must every pleading, written motion, and other paper served include?

Answer 53

It must be signed by at least one attorney of record or by a party personally if unrepresented, and must state the signer’s address, email address, and telephone number. ## Footnote This is in accordance with Rule 11(b)(1).

Question 54

What are the representations an attorney certifies by presenting a pleading to the court?

Answer 54

* Not presented for improper purposes * Claims and defenses are warranted by existing law * Factual contentions have evidentiary support * Denials of factual contentions are warranted ## Footnote These representations are outlined in Rule 11(b)(2).

Question 55

What opportunity must a party provide before seeking sanctions under Rule 11?

Answer 55

The opposing party must be served with a motion describing the specific conduct that allegedly violated the rule, and given 21 days to withdraw or correct the pleading. ## Footnote This is to allow for correction before court action.

Question 56

What may the court do if electronically stored information is lost due to a party's failure to preserve it?

Answer 56

* Order measures to cure prejudice * Presume lost information was unfavorable * Dismiss the action * Enter a default judgment ## Footnote These actions are based on the intent to deprive another party of information.

Question 57

What defenses can be raised in a Rule 12(b) motion to dismiss?

Answer 57

* Lack of subject matter jurisdiction * Lack of personal jurisdiction * Improper venue * Insufficient process * Insufficient service of process * Failure to state a claim * Failure to join an indispensable party ## Footnote Each defense has specific timing requirements for raising.

Question 58

What is the standard for granting a Motion for Summary Judgment (MSJ)?

Answer 58

It must be granted if there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. ## Footnote This is assessed by viewing evidence in favor of the nonmoving party.

Question 59

What is a Motion for Judgment as a Matter of Law (JMOL)?

Answer 59

A motion filed after the close of the nonmoving party’s evidence, granted if a reasonable jury would not have a legally sufficient basis to find for the nonmoving party. ## Footnote It was formerly known as a 'directed verdict'.

Question 60

When can a renewed motion for judgment as a matter of law be filed?

Answer 60

No later than 28 days after the entry of judgment, and only if a JMOL was previously filed. ## Footnote This is also known as a motion for judgment notwithstanding the verdict (JNOV).

Question 61

What grounds can a court grant a new trial on?

Answer 61

* Error at trial rendering judgment unfair * Newly discovered evidence * Prejudicial misconduct * Verdict against the clear weight of evidence * Verdict based on false evidence * Verdict that is excessive or inadequate ## Footnote The court has discretion to grant a new trial on all or specific issues.

Question 62

What is the definition of a final judgment in the context of federal court appeals?

Answer 62

A final judgment is a decision by the court on the merits that leaves nothing for the court to do but execute the judgment. ## Footnote This is governed by the Final Judgment Rule.

Question 63

What is res judicata?

Answer 63

It precludes parties from successive litigation of an identical claim in a subsequent action if a valid final judgment on the merits exists. ## Footnote Conditions include identical claims, parties in the same roles, and a valid judgment.

Question 64

What are the requirements to bar an issue under collateral estoppel?

Answer 64

* Same issue as prior action * Issue must have been actually litigated * Determined by valid final judgment * Essential to prior judgment ## Footnote This prevents re-litigation of issues of fact or law.

Question 65

What is the effect of a default judgment?

Answer 65

It will have a preclusive effect if the court had valid personal and subject matter jurisdiction, barring defenses or counterclaims that could have been raised. ## Footnote The extent of preclusion varies by state.

Question 66

What is an interlocutory order?

Answer 66

An order that is provisional, interim, temporary, or non-final, typically not immediately appealable. ## Footnote Some equitable orders, however, are immediately reviewable.

Question 67

What does the collateral order doctrine allow?

Answer 67

It allows a party to appeal interlocutory rulings if they are separable from the case's merits, involve serious legal questions, and would be unreviewable if delayed until final judgment. ## Footnote This doctrine helps address issues that could be lost if not appealed promptly.

Question 68

What is mandamus review?

Answer 68

It allows a court of appeals to immediately review an order that constitutes an abuse of judicial authority. ## Footnote This does not include all orders that are errors of law.