Final Review - Civ Pro

Question 1

Intervention as of Right

Answer 1

1. non-party has an interest
2. action may affect interest
3. non-party’s interest not adequately represented

Question 2

Permissive Intervention

Answer 2

Common Q of law/fact

Question 3

Supplemental Jurisdiction - factors considered by court

Answer 3

Court has discretion to decline based on judicial economy, convenience, fairness, and comity

Question 4

Can a plaintiff aggregate claims to satisfy the amount in controversy when there is:

One plaintiff, one defendant
Multiple plaintiffs, one defendant
Multiple defendants, one plaintiff

Answer 4

One plaintiff, one defendant: Yes

Multiple plaintiffs, one defendant: Yes, if common or undivided interest

Multiple defendants, one plaintiff: No

Question 5

Claim preclusion

Answer 5

same claim
same parties
final judgment
on the merits

Question 6

Standards of Review by Appellate Courts

Answer 6

1. de novo (legal rulings)
2. clearly erroneous (factual findings)
3. abuse of discretion (discretionary rulings)
4. plain error (an error that parties did not preserve by objecting to it at time it occurred)

Question 7

Issue preclusion

Answer 7

same issue
actually litigated
actually decided
necessary