Civil Procedure

Question 1

personal jurisdiction - general rule

Answer 1

To determine whether a court has personal jurisdiction (PJ) over an out-of-state defendant, courts ask:
(1) Has jurisdiction been authorized by statute or rule?

(2) Is the exercise of jurisdiction consistent with the Due Process Clause of the U.S. Constitution?

Due process requires minimum contacts between the defendant and the forum state such that the suit does not offend traditional notions of fair play and substantial justice.

Question 2

PJ - minimum contacts & purposeful availment

Answer 2

Minimum contacts are established when the defendant purposefully avails themselves of the forum state—meaning they target the state in a way that makes it foreseeable they could be haled into court there.

Question 3

PJ - general vs. specific jurisdiction

Answer 3

General jurisdiction allows a plaintiff to assert any claim, even if unrelated to the defendant’s contacts with the forum state. Specific jurisdiction permits only those claims that arise out of or directly relate to the defendant’s forum contacts.

Question 4

waiver of PJ

Answer 4

Lack of PJ can be waived if not raised at the first opportunity. If a defendant files a pre-answer motion, they must raise the objection to PJ then, or it is waived. If no pre-answer motion is filed, the objection must appear in the answer.

Question 5

PJ - Physical Presence, Domicile, Consent

Answer 5

PJ can also be established by a defendant’s physical presence in the state (except if brought there by fraud or to answer a summons), their domicile, or by consent (express or implied).

Question 6

PJ - corporations

Answer 6

Corporations are subject to PJ where incorporated and where they maintain their principal place of business. For specific PJ, look to whether the claim relates to the corporation’s activities in the forum state.

Question 7

PJ - Federal Interpleader Act

Answer 7

Allows nationwide service of process, so service alone may establish PJ in federal interpleader cases.

Question 8

PJ - 100-Mile Bulge Rule (FRCP 4(k)(1)(B))

Answer 8

Permits service within 100 miles of the federal courthouse for:
(1) third-party defendants under Rule 14, and
(2) required parties under Rule 19.

Question 9

in rem jurisdiction

Answer 9

Permits a court to adjudicate rights in property located within the forum state. It applies to real or personal property and binds all possible claimants.

Question 10

quasi in rem jurisdiction

Answer 10

Permits a court to determine rights in property between specific parties, even if the property is not the basis of the claim. Must still satisfy minimum contacts under due process.

Question 11

subject matter jurisdiction

Answer 11

a federal court’s authority to hear a particular type of case.

SMJ arises under either:
(1) Federal Question Jurisdiction, where the plaintiff’s well-pleaded complaint alleges a claim arising under the Constitution, laws, or treaties of the United States; or
(2) Diversity Jurisdiction, where all plaintiffs are citizens of different states than all defendants (complete diversity), and the amount in controversy exceeds $75,000.

Subject matter jurisdiction cannot be waived and may be challenged at any time, even on appeal. If the court lacks SMJ, the case must be dismissed.

Question 12

SMJ - diversity jurisdiction

Answer 12

Federal district courts have diversity jurisdiction when (1) there is complete diversity between all plaintiffs and defendants, and (2) the amount in controversy exceeds $75,000.

Question 13

SMJ - citizenship for individuals and corporations

Answer 13

An individual is a citizen of their state of domicile. A corporation is a citizen of both the state of incorporation and its principal place of business. Permanent resident aliens are deemed citizens of their state of domicile.

Question 14

SMJ - supplemental jurisdiction

Answer 14

A federal court may hear additional claims over which it would not otherwise have jurisdiction, so long as those claims arise from the same common nucleus of operative fact as a claim over which the court has original jurisdiction.

Question 15

SMJ - counterclaims and cross-claims

Answer 15

Compulsory counterclaims (same transaction or occurrence) need not meet the amount in controversy requirement.

Cross-claims between co-parties must be related to a claim that is within the court’s jurisdiction.

Question 16

SMJ - federal question jurisdiction

Answer 16

Federal question jurisdiction exists when the plaintiff’s claim arises under the Constitution, federal laws, or treaties. The federal issue must appear on the face of a well-pleaded complaint.

Question 17

lack of subject matter jurisdiction

Answer 17

Lack of subject matter jurisdiction may be raised by any party—or the court—at** any time, **even on appeal. It is not waivable.

Question 18

removal jurisdiction

Answer 18

A defendant may remove a case from state to federal court if the case could have originally been brought in federal court. All defendants must consent, and removal must occur within 30 days of service.

Question 19

removal based on diversity

Answer 19

A case may not be removed based on diversity if any defendant is a citizen of the state where the case was filed, even if there is complete diversity.

Question 20

proper venue

Answer 20

Venue is proper in (1) any district where any defendant resides (if all reside in the same state), (2) where a substantial part of the events or omissions giving rise to the claim occurred, or (3) where property that is the subject of the action is located.

Question 21

change of venue

Answer 21

For the convenience of the parties and in the interests of justice, a district court may transfer any civil action to another district where the case could have been brought originally.

Question 22

forum selection clauses

Answer 22

Valid forum selection clauses are given controlling weight in all but the most exceptional cases. If the clause selects a federal forum, **courts will generally enforce it **unless it is unreasonable or the result of fraud or overreaching.

Question 23

Choice of Law After Transfer

Answer 23

If the original venue was proper, the transferee court applies the law of the transferor court. If transfer is based on a valid forum selection clause, the transferee court applies its own law.

Question 24

Erie Doctrine

Answer 24

In diversity cases, federal courts must apply state substantive law and federal procedural law. If a valid federal rule is on point, it controls. If no federal rule is on point, the court must determine whether the issue is substantive or procedural.

Substantive vs. Procedural:

Substantive = statutes of limitation, elements of claims, burdens of proof.
Procedural = pleadings, discovery rules, trial procedure.

Question 25

methods of service of process

Answer 25

Under FRCP, service may be made by (1) delivering to the individual personally, (2) leaving a copy at their dwelling with someone of suitable age and discretion who resides there, (3) serving an authorized agent, or (4) following state law of either the forum state or where service is made.

Question 26

Service of process on corporations

Answer 26

A U.S. corporation may be served by delivering process to an officer, managing or general agent, or an agent appointed by law, or by following relevant state law.

Question 27

service of process in foreign countries

Answer 27

Service may be made by registered mail with return receipt or by methods approved under international agreements.

Question 28

temporary restraining order (TRO)

Answer 28

A TRO preserves the status quo until the court can hold a hearing on a preliminary injunction. It may be issued without notice to the adverse party if the moving party shows: (1) **immediate and irreparable harm** will result before the opposing party can be heard, (2) **efforts made** to give notice, and (3) reasons **why notice should not be required.** A TRO lasts no more than 14 days unless extended for good cause. The movant must post a bond.

Question 29

preliminary injunction

Answer 29

A preliminary injunction is granted only after notice and hearing, and requires a showing that: (1) the movant is **likely to succeed on the merits,** (2) the movant is likely to suffer **irreparable harm** without relief, (3) the **balance of equities** favors the movant, and (4) the injunction is in the** public interest.** The movant must post a bond to cover costs if the injunction is found to have been wrongly issued.

Question 30

requirements for a complaint

Answer 30

A complaint must include: (1) a short and plain statement of the grounds for the court’s jurisdiction, (2) a short and plain statement showing that the pleader is entitled to relief, and (3) a demand for the relief sought.

Question 31

plausbility standard (Twombly/Iqbal)

Answer 31

Courts use a two-step inquiry: (1) Identify and disregard conclusory allegations, (2) Determine whether the remaining factual allegations state a plausible claim for relief. "Plausible" falls between "possible" and "probable."

Question 32

amendments as of right & by leave

Answer 32

A party **may amend a pleading once as of right within 21 days** of serving it or within 21 days of a responsive pleading. After that, a party must seek leave of court, which should be freely given when justice so requires.

Question 33

pre-answer motions & waiver of defenses

Answer 33

A motion to dismiss may raise: * lack of SMJ * lack of PJ * improper venue * insufficient process or service * failure to state a claim * failure to join a required party Except for SMJ, all of these are waived if not raised in the first Rule 12 motion or the answer.

Question 34

motion for more definite statement

Answer 34

A party may move for a more definite statement if the pleading is so vague or ambiguous that they cannot reasonably prepare a response. These motions are disfavored.

Question 35

motion for judgment on the pleadings

Answer 35

Appropriate when the material facts are not in dispute and only questions of law remain.

Question 36

permissive joinder

Answer 36

Parties may join as plaintiffs or be joined as defendants if: (1) the claims arise out of the same transaction or occurrence, and (2) there is a common question of law or fact.

Question 37

compulsory joinder

Answer 37

A party must be joined if: (1) complete relief cannot be accorded among existing parties without them, (2) they have an interest that would be impaired, or (3) they might subject parties to multiple or inconsistent obligations. Joinder must be feasible (won’t destroy diversity and PJ exists). If not feasible, the court decides whether the case should proceed or be dismissed.

Question 38

Impleader

Answer 38

A defending party may bring in a third party who may be liable to them for part or all of the plaintiff’s claim. The third-party claim must be derivative (e.g., indemnity or contribution).

Question 39

intervention as of right

Answer 39

Allowed if: (1) the movant has an interest in the subject matter, (2) their interest may be impaired, and (3) their interest is not adequately represented. Must be timely. No supplemental jurisdiction over diversity-destroying intervenors.

Question 40

permissive intervention

Answer 40

Discretionary if there is a common question of law or fact. Must be timely. Court may deny to avoid delay or prejudice.

Question 41

interpleader

Answer 41

Used to resolve conflicting claims to the same property or obligation. *** Rule Interpleader**: Requires SMJ (usually diversity) and regular PJ rules. * **Statutory Interpleader**: Requires only minimal diversity, $500 amount in controversy, and nationwide service.

Question 42

class actions

Answer 42

To certify a class, plaintiff must show: (1) numerosity, (2) commonality, (3) typicality, and (4) adequacy of representation. Types: risk of inconsistent adjudications injunctive/declaratory relief common questions predominate and class action is superior. Under CAFA: Minimal diversity, **100+ members** (courts usually find 40 to be sufficient), and more than $5 million in controversy.

Question 43

scope of discovery

Answer 43

Parties may obtain discovery regarding any non-privileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case. Information need not be admissible at trial to be discoverable.

Question 44

work product doctrine

Answer 44

A party may not discover documents or tangible things prepared in anticipation of litigation or for trial unless the party shows substantial need and cannot obtain their equivalent without undue hardship. However, the mental impressions, conclusions, opinions, or legal theories of an attorney are absolutely protected and never discoverable.

Question 45

initial disclosures

Answer 45

At or shortly after the Rule 26(f) conference, parties must disclose: 1. names/contact info of individuals likely to have discoverable info, 2. documents they may use to support their claims/defenses, 3. computation of damages, 4. insurance agreements.

Question 46

oral depositions

Answer 46

Limited to 10 per party unless court orders otherwise. Each is limited to one 7-hour day. Must be conducted under oath and may be used at trial subject to rules of evidence.

Question 47

interrogatories

Answer 47

Written questions served on a party to be answered in writing under oath. Limited to 25 questions unless court grants leave. Response due in 30 days.

Question 48

Requests for Production

Answer 48

A party may request another party to produce and permit inspection of documents, electronically stored information (ESI), or tangible things. The request must describe each item with reasonable particularity.

Question 49

Requests for Admission

Answer 49

Used to narrow factual issues. If a party does not respond within 30 days, the matter is deemed admitted.

Question 50

physical and mental examinations

Answer 50

Available only against a party, and **only where the party’s condition is in controversy and good cause is shown.** Requires court order.

Question 51

ESI preservation & sanctions

Answer 51

A party must take reasonable steps to preserve ESI once litigation is reasonably anticipated. If ESI is lost due to intentional misconduct or gross negligence, the court may instruct the jury to presume it was unfavorable, dismiss the action, or enter default judgment.

Question 52

summary judgment

Answer 52

Summary judgment is proper when the movant shows that there is no genuine dispute as to any material fact and they are entitled to judgment as a matter of law. The court views the evidence in the light most favorable to the non-moving party and resolves all doubts in their favor.

Question 53

judgment as a matter of law (JMOL)

Answer 53

After a party has been fully heard at trial, the court may grant JMOL if the evidence cannot reasonably support a verdict for that party. The standard is the same as for summary judgment but applies during trial.

Question 54

renewed judgment as a matter of law

Answer 54

A party may renew a motion for JMOL after the jury has returned a verdict. It must be filed within 28 days after judgment and must have been preceded by a JMOL motion at trial. The court may overturn the jury’s verdict if no reasonable jury could have reached it.

Question 55

motion for a new trial

Answer 55

A court may grant a new trial on motion or sua sponte due to: prejudicial legal error, jury or party misconduct, newly discovered evidence, or verdict against the great weight of the evidence. If damages are excessive, the court may propose a remittitur. The court cannot increase the award through additur in federal court.

Question 56

Voluntary Dismissal

Answer 56

A plaintiff may dismiss an action without prejudice once before the opposing party serves an answer or motion for summary judgment. After that, dismissal requires either consent of all parties or leave of court.

Question 57

Involuntary Dismissal

Answer 57

If a plaintiff fails to prosecute or comply with rules or court orders, the case may be involuntarily dismissed with prejudice. Dismissal for lack of jurisdiction, improper venue, or failure to join a required party is without prejudice.

Question 58

final judgment rule

Answer 58

Parties may only appeal from a final judgment that disposes of all claims as to all parties. The appeal must be filed within 30 days of the entry of judgment.

Question 59

Collateral Order Doctrine

Answer 59

An interlocutory order is immediately appealable if it conclusively determines a disputed issue, resolves an important issue separate from the merits, and would be effectively unreviewable after final judgment

Question 60

Interlocutory Appeals

Answer 60

A non-final order may be appealed with permission if it involves a controlling question of law, there is substantial ground for difference of opinion, and immediate appeal may materially advance termination of the litigation.

Question 61

Standards of Appellate Review

Answer 61

**Questions of law:** de novo **Findings of fact (jury):** upheld if supported by substantial evidence **Findings of fact (judge):** clearly erroneous standard **Discretionary rulings**: abuse of discretion

Question 62

claim preclusion (res judicata)

Answer 62

Bars a party from relitigating a claim that was or could have been raised in a prior suit where: (1) there was a valid final judgment on the merits, (2) the same parties (or their privies) were involved, and (3) the claim arises from the same transaction or occurrence as the previous suit.

Question 63

issue preclusion (collateral estoppel)

Answer 63

Bars relitigation of an issue that was: (1) actually litigated and determined, (2) by a valid final judgment, (3) essential to the prior judgment, and (4) against a party (or one in privity) who had a full and fair opportunity to litigate. Mutuality is not always required—nonmutual issue preclusion may be allowed if it is fair and equitable.