Civil Procedure Mnemonics Flashcards
(28 cards)
Federal question jurisdiction is present in its CAT laws
C- The US CONSTITUTION
A- ACTS of Congress
T- TREATIES signed by the united states
there are three “VCR” exceptions to the mootness doctrine
V- If there is a voluntary, but not permanent change in position
C- Class Action is not totally moot (1 person has case/controv.)
R- Repetition –> π will be subjected to same injury again
Diversity and Supplemental Jurisdiction require federal courts to apply state procedural law and not FRCP for PIPS
P- Privileges
I- Incompetency of Witnesses
P- presumptions and interferences
S- Statute of limitations
a federal court has discretion to decline supplemental jurisdiction to hear a claim related to a pending federal claim because of COP
C- state law claim presents a COMPLEX/novel issue
O- the federal court dismissed the ORIGINAL (Cat/DJ) claim on the merits
P- State law claim PREDOMINATES over the federal claim.
VIP must be raised in a motion to dismiss if such motion is made, or in an answer, if not, the defense is waived:
V- Improper VENUE
I- INSUFFICIENT service of process
P- Lack of PERSONAL jurisdiction
in determining whether a motion for Forum Non Convenience should be granted, the court will consider whether the case should be tried HERE
H- HARDSHIP on the defendant and the court if the forum non convenience motion is denied
E- location of the EVIDENCE in the case
R- RESIDENCE of the parties
E- location of the EVENT
To obtain valid Procedural Jurisdiction, 14th amendment due process clause requires the defendant have MOP
M- some MINIMUM contact with the forum state
O- an OPPORTUNITY to be heard in the suit
P- been PROPERLY served with process
Long Arm Jurisdiction (Specific Jurisdiction) arises from a RIOT in the state
R- non-domiciliary D owns, uses or possesses REAL property within the state (& Ps claim arises out of it)
I- D commits a tortious act IN that state to plaintiffs person or property (or economic injury)
O- D commits a tortious act OUTSIDE the state, causing injury in the state (Note: 3-S for strict PL cases)
T- D TRANSACTED business in the state
Service of process is proper under SWAPS
S- leaving summons at Ds dwelling with a SAD (Suitable Age and Discretion) person who RESIDES THERE
W- when D agrees in writing to WAIVE formal service of process
A- delivering a copy to an AGENT authorized by law or appointment to receive service of process on D’s behalf
P- delivering process PERSONALLY to the defendant
S- serving Defendant according to STATE law either where the district court is located or state where service is made
A federal court on default judgment may be vacated for “good cause” which requires the defendant to submit a REAM of papers
RE- REASONABLE EXCUSE as to why ∆ defaulted; and
AM- AFFIDAVIT of MERIT on the Defendant’s viable defense
ANT can save a time barred related claim when the pleading is amended
A- claim AROSE out of the same transaction/ occurrence pleaded in P’s original complaint
N-the P’s original complaint gave the D NOTICE of the new claim
T- it was TIMELY when P first commenced the action filed w/ clerk of court)
ANT can allow a new party to be added to a complaint despite SOL expiring when
A- the claim against new D AROSE out of the same T/O
N- within 90 Days from filing complaint w/ federal court the new defendant had NOTICE of the plaintiff’s mistake
T- the claim against new D was TIMELY when the summons and complaint was first filed in fed. ct
When thinking of summary judgment in federal court think of LIPS
L- the motion can be decided as a matter of LAW
I- there are no material ISSUES of fact to be litigated
P- the court can grant PARTIAL summary judgment
S- the court can SEARCH the record but only on issues raised in the motion papers
a preliminary injunction or a TRO will not be granted unless π demonstrates by clear and convincing evidence LIE
L- LIKELIHOOD (a probability but not certainty) of πs success on a meritorious claim
I- IRREPARABLE injury is occurring or will occur to π unless the preliminary injunction is granted
E- EQUITIES, when balanced by the court, clearly weigh in πs favor (comparative hardship test)
In federal practice AID MD devices are used for pretrial discovery
A- ADMISSIONS demand I- written INTERROGATORIES D- DEPOSITIONS M- MENTAL and physical exams D- DISCOVERY and inspection of evidence
Protective orders seek to prevent unreasonable DEEP abuse of discovery procedures
D-DISADVANTAGE (unreasonable/cumulative demands)
E- EMBARASSMENT
E- EXPENSE outweighs benefit of discovery (proportionality test- RAABBII)
P- PREJUDICE
discovery requests may be limited by a protective order where the need for discovery is not proportional to the burden of discovery. A look at a RAABII decides this
R- the parties RESOURCES
A- The parties relative ACCESS to the material
A-the AMOUNT in controversy
B-BURDEN on the parties
B- BENEFIT to be derived by the discovery
I I - the IMPORTANCE in resolving the ISSUES of the claim
an objection to the form of a question in a deposition are A CLAMS BAR
A- an Ambiguous question
C- a Compound Question
L- Leading questions on direct examination (except of a HAIRY witness)
A- Argumentative and badgering questions M-Misquoting an earlier statement of the witness in a question
S-asking the witness to Speculate
B-an overly Broad question
A- a question that Assumes a fact not yet in evidence
R- a Redundant question on direct examination that has been previously asked and answered
when sanctions for failure to comply w/ discovery are proper A DRIPS can be imposed:
A- Attorney’s Fees and punitive sanctions
D-Dismiss the action or ordering a default
R- Resolve certain issues against that non-disclosing party
I- allowing a Adverse inference jury charge
P- precluding party from offering evidence on certain issues
S- striking that party’s pleading on any part thereof
to successfully assert collateral estoppel a party must show: I.F.
I - the IDENTICAL ISSUE was previously decided in an earlier action
F- the party against whom collateral estoppel is being asserted had a FULL and FAIR opportunity to previously litigate the issues
for certification of a class action to be proper, CANT must be present:
C - Common questions of law or fact that exist w/in the entire class A - Adequate representation to protect the interests of the class N - the class is so Numerous that joinder of all members is impractical T - claims or defenses of the class representative are Typical of the class (similar injury)
a nonfederal claim can be removed from state to federal court where the defendant is a STUDD
S- exceeds Seventy-Five Thousand Dollars
T- petition/attachments are filed in fed court within THIRTY days of receiving document indicating claim is removable
U- Unanimity –> all ∆s must sign removal petition
D- no defendant DOMICILED in removal state
D- complete DIVERSITY
service on a corporation must be made on a GO A.M person
G- General Agent
O- Officer
A- Authorized Agent to receive process
M- Managing Agent
in a rule 12(b)(6) motion to dismiss court opinions always cite FAT DRIPS
FACTUAL ALLEGATIONS are accepted as TRUE and the court DRAWS all REASONABLE INFERENCES in the PLAINTIFFS favor
