Civil Procedure

Question 1

Relation Back Doctrine Defined

Answer 1

FRCP 15- allows a P to amend a pleading after 21 days have passed if the amendment “relates back” to the date of the original pleading because it arose out of the conduct, transaction, or occurrence set out in the original complaint.

Question 2

The preclusive effect of a federal court’s judgment in diversity is determined by ________ law.

Answer 2

federal common law

Question 3

Additur is not allowed in _______ _______ but may be allowed in ______ _______.

Answer 3

• Additur may be allowed in state court but not federal court; it violates the Seventh Amendment.
• The Seventh Amendment applies only in federal court, so the states are free to recognize additur (not all states do so).

Question 4

Additur Explained

Answer 4

The court offers the defendant a choice: add to the damage award or go through a new trial. not allowed in fed court

Question 5

Jury Demand after 14 day period

Answer 5

A federal court MAY allow parties to request by motion a jury trial on any issue for which a jury may have been demanded.
- The court is not required to grant the request but has the authority to do so.

Question 6

Safe Harbor Provision

Answer 6

If the other party violates Rule 11, the opposing party cannot immediately file a motion for sanctions
- Rather, she serves the motion on other parties but does not file it with the court yet. - - The party in violation has a safe harbor of 21 days in which to fix the problem and avoid sanctions. If she does not do so, then the motion can be filed with the court.

Question 7

These defenses must be raised in the D’s answer or pre-answer motion:

Answer 7

• Lack of PJ
• Insufficient Process
• ## Insufficient Service

Question 8

To establish supplemental jurisdiction…

Answer 8

the insufficient claims must be so related to claims in the action that are within the court’s original jurisdiction that they form part of the same case or controversy.