Civil Procedure

Question 1

Personal Jurisdiction

Answer 1

In order to establish pj, the exercise must be authorized by state statue and must be constitutional. A federal court must analyze pf as if they were the state court.

The state statue is usually authorized by long arm statute, but can be authorized by domicile, presence, or consent.

If the contacts are related to the cause of action, there must be specific jurisdiction, which allows pj for the instance cause of action. If the contacts are unrelated, there must be general jurisdiction which allows pj over the defendant for all cause of actions

Question 2

Specific Jurisdiction

Answer 2

The DPC permits states to asset specific jurisdiction over nonresident defendants who have minimum contacts with the state such that exercise of pj would no offend the traditional notions of fair play and substantial justice.

In determining whether there are minimum contacts, the courts will look at purposeful availment and if was foreseeable.

Question 3

General Jurisdiction

Answer 3

In order to be subject to general jurisdiction in the forum state, the defendant must be at home in the forum state.

Question 4

Corporation “at home”

Answer 4

Is at home in the state of incorporation and the state where the corporations principal place of business.

Question 5

Person “at home”

Answer 5

To be at home, the individual defendant must be domiciled in the state.

Question 6

Subject Matter Jurisdiction

Answer 6

Is the power of a court to hear a certain type of case. Federal courts are subject to limited jurisdiction, that is, they can only hear certain type of cases.

Two main types of federal subject matter jurisdiction: federal question and diversity jurisdiction.

Question 7

Federal Question

Answer 7

Federal courts have jurisdiction over a well-pleaded complaint arising under federal law. It cannot appear in the answer, further, the plaintiff cannot anticipate a federal defense in its complaint. .

Question 8

Diversity Jurisdiction

Answer 8

Requires an amount of controversy of more than $75,000 and complete diversity. The plaintiff’s good faith allegation determined the amount in controversy.

Question 9

Complete Diversity

Answer 9

Means that no plaintiff may share state citizenship with any defendant.

Question 10

Domicile

Answer 10

Individual: citizen of the state in which they are domiciled.

Corporation: citizen of every state in which it is incorporated in and the one state which it has its principal place of business. PPB is from which the corporation’s high-level officers direct and control of the corporation’s activities.

Question 11

Supplemental Jurisdiction

Answer 11

Allows a federal court to hear additional claims that do not, on their own, meet diversity or federal question jurisdiction.

Each claim must share a common nucleus of operative fact (CNOF) with an existing claim that invoked federal question or diversity jurisdiction.

Question 12

Supplemental Jurisdiction in Diversity Cases

Answer 12

Cannot use to overcome diversity, however, can be used to overcome insufficient amount in controversy.

Question 13

Removal

Answer 13

The defendant can remove a case originally filed in state court to federal court only if the court would have subject matter jurisdiction.

Only the defendant can remove, and all defendant have to agree to remove.

Can only remove to the federal district court embracing the state court in which the case was originally filed.

Question 14

Timely Removal

Answer 14

The defendant must remove within 30 days of service of the first removable document.

Question 15

Remand

Answer 15

If removal is improper, the court can remand to state court.

The plaintiff can also move to remand if it is based on improper procedure. If it is for lack of subject matter jurisdiction, the plaintiff can remove at any time.

Question 16

Venue

Answer 16

Is proper where any defendant if all defendant reside in the same state; in a district where a substantial part of the events or omission giving rise to the claim occurred; or a substantial part of property that is subject to the action is situated.

Question 17

Reside (Venue Purposes)

Answer 17

People: Domicile

Corporation: Any judicial district in which it is subject to PJ at the time the action is commenced. If no district exists, then wheee corporation has most significant contacts.

Non-Corp: All district in which it was subject to PJ when action is commenced.

Unincorporated: Location of association itself.

Question 18

Transfer (Venue)

Answer 18

The federal court has authority to transfer a case to another federal district for the convenience of the parties and witnesses and in the interest of justice.

New forum must have SMJ and PJ.

Court will apply law of the transferor forum.

Question 19

TRO

Answer 19

If irreparable harm will occur before a hearing on a preliminary injunction can be held, a party may seek a TRO to preserve the status quo until the hearing.

Valid for 14 days, but it may be extended in which it is considered to be a preliminary injunction and is appealable.

Question 20

TRO Formalitites

Answer 20

The adverse party must given oral or written notice.

Question 21

Preliminary Injunctions

Answer 21

Is equitable relief with the objective of preserving the status quo.

If it is granted, the matter must be tried within 6 months unless the parties stipulate, or good cause is shown.

Must give notice to the adverse parties.

Question 22

Work Product

Answer 22

Is any material prepared in anticipation of litigation.

Work product can be discoverable if the other party shows substantial need and undue hardship.

Attorney’s mental impressions are never discoverable.

Question 23

Final Judgements

Answer 23

Are generally appealable and non-final judgments are general, not appealable.

Question 24

Summary Judgment

Answer 24

A summary judgment motion will be granted if there is no genuine issue as to any material fact and the moving is entitle to judgment as a matter of law.

Burden shifts to the non-moving party.

Question 25

Summary Judgment: Moving Party

Answer 25

Must present evidence to show there is no genuine issue of material facts. The burden then shifts to the non-moving party.

Question 26

Summary Judgment: Non-Moving Party

Answer 26

Must show there is a genuine issue of material fact for trial.

Question 27

Collateral (Issue) Preclusion

Answer 27

An issue will be precluded if the second case is the same issue that was actually litigated and determined in the first case; the issue was essential to the judgment and asserted against an actual party to the case; and there was a final judgment on the merits.

Question 28

Res Judicata (Claim Preclusion)

Answer 28

A new claim will be precluded if the second case was brought against the same party; its the same claims in the first and subsequent case; and there was a final judgment on the merits.

Question 29

JMOL & Renewed JML

Answer 29

To grant, the court must find that a reasonable jury would not have a legally sufficient basis to fund for the Larry on the issue.

Court must view in a light most favorable to the non moving party and without considering the credibility of the witnesses.

Must make it within 28 days of the judgment.

Question 30

Renewed JML Prerequisites

Answer 30

A JML must be made at some point during the trial in order to move for a renewed JML.

Question 31

Motion for New Trial

Answer 31

May be granted because of some serious error that occurred during the trial.

Question 32

Discovery

Answer 32

Discovery may be had if any matter not privilege that is relevant to the claim of or defense of any party.

Question 33

Permissive Joinder

Answer 33

Parties may be permissive or joined as plaintiffs or be joined as defendants when’re some claim is made by each plaintiff against each defendant relating to or arising out of the same series or occurrence; and there is a common question of law or fact.

Question 34

Final Order

Answer 34

Is one that disposed of the whole cases.

Question 35

Motion for Judgment on the Pleadings

Answer 35

When multiple claims or multiple parties are involved in an action, the court may enter a final judgment as to fewer than all claims or parties on express determination that there is no just reason for delay, and an express direction for the entry of judgment.

Question 36

Interlocutory Appeals Act

Answer 36

Is discretionary and may be available when the trial judge certified that the interlocutors order involves a controlling question of law, as to which there is substantial ground for difference of opinion, and immediate appeal from the order may materially advance the ultimate termination of the litigation; and the court of appeals then agrees to follow the appeal

Question 37

Indispensable Parties

Answer 37

A plaintiff must join all interested parties or face dismissal.

Joinder follows a three-step process:

1. Should the absentee be joined?
2. Can the absentee be joined?
3. If, not should the action proceed in his absence?