Learning about the case Flashcards

Question

What must ecery response to discovert have?

Answer 1

under oath. 1. warranted 2. not improper purpose 3. not unduly burdensome

Answer 2

only for punitive damages

Answer 3

court can limit discovery if request is cumulative or if burden outweighs importance of issue

Answer 4

anticipation od litigation; can discover some of it if qualififed work prodyct: if substantial need adn not otherwise availabel absolute work product: 1. mental impressions, opoinions, conclusions, legal theopries

Answer 5

lsit protected material and enough detial to allow judge to determine proteciton

Answer 6

msut certiy that she tried in good faith to get the info without court involvement partial response: move for order compelling (plus costs) then sanctions if violates order compelling answer then costs plus contempt no response: one step - RAMBO plus costs, no order needed

Answer 7

may sue together if arise from same transaction or occurense and at lease one common question

Answer 8

necessary: 1. without A, court cannot accord complete relief among existing parties OR 2. A's interest may be harmed if he is not joined OR 3. claims an interest that subkects a party to a risk of multiple obligations NOTE: joint tortfeasers never necessary

Answer 9

fesaible if 1. PJ 2. joining will not mess with diversity jurisdiction if cannot be joined, can choose to proceed or dismiss factors: alternative available? actual likelihood of harm? can court shape relief to avoid harm? if decide to dismiss then indespensible party

Answer 10

3p claim ; never cumpolsory; if D will try to get 3P to pay all or part of his own liability within 14 days of servinf answer, or else need courtpermission remember to assess SMJ

Answer 11

nonparty brigns self into case; intervention of right: ifi tnerest may be ahrmed if not joined and not adequately represented permissive intervention: have at least one common question; discretionary with court SMJ - diversty or FQ the nsupplemental

Answer 12

numerosirt, commonality, typicality, prepresentative adequate

Answer 13

1. class treamtent necessary to abvoid harm either to class members or to non-class party 2. seeks and injunciton or declaratory reliefgt bcause D treated class alike (ie. discriminaiton) 3. Damages: common questions preominate over individual wuestions and class action is superior method to handle dispute ie. mass tort - must notige members individuallt to tell them they can opt ut, they'll be bounf is they dont, they can enter sepeate appearance throught cancel can only settle or dismiss action with cort approval; if type 3, may give another chance form emebr to opt out

Answer 14

must define class,claims,issues, defenses and appoint class counsel

Answer 15

applicant fiels paper under oarth clearly showing that if the TRO is not issued he will suffer immediate and irreperable harm if must wait to hear the other side 2. certified that effort to give oral or wiritten notice to opposing side msut post bond to cover otther side's costs and damages if restraint wrongful specificity- must describe in detail what D msut do or regrain from doing -only effictive for 14 days and can be extended another 14 if good cause but NO MORE than 28 D can move to dissolve or modify

Answer 16

can never be ex parte Msut show: 1. likely to show urreperable harm 2. likely to win 3. balance of hardship 4. injucniton in the piblic interest immediately appealable

Answer 17

right to make voluntart dissmissal anytime but before the D serves an answer or motion or motion for sumamry judgement

Answer 18

D doe not respond to the complain on time must moce dor default this cuts off F's right to responf then msut get default judgemnt Clerk of court can enter judgment if : - D made no response at all - claim itsel id for a sumcertain monet - claimant gives an affidavit - D is not a minor or incompetent if any nor true, P msut go to court itself; judge will hold a hearing and D will get notive of this hearing only if he has appeared in this case

Answer 19

D may move to have court set asife default by showing good cause and viable defense

Answer 20

looks only at facrs as if it were trye and would P wi na judgement; only looks at complaint same motion after D has answered: motion for judgment on PLEADIGNS

Answer 21

1. no genuine dispute of material fact 2. entotled to judgmenet as a matter of law motion can be for partial jdugment and court can look at evifence If D failed to deny an allegation by P can be treated as fact for summary judgemnet

Answer 22

detailed discovery plan

Answer 23

cuts ogg joinder, amenment, motion, etc. roadmap for litigation

Answer 24

process case and foster settlemetn

Answer 25

pretirial motion to decie whetehr jury cshould hear certian evidence

Answer 26

7th amendment: for civil actions at law but not at equity; jury decides facts underlying famages but not equitu issues - 7th amendment does not apply in state court - must demand jury in writing no later than 14 days after service of last pleading raising a jurty triable issue or else waived

Answer 27

for cause: no limit preemproty: three; has to be race adn gender neurtrail because state action civil jury: min:6 max:12 unanimous

Answer 28

General: says who wins and relieg Special: specific questions about facts in issue General with special interrogatories: general cerdice but also answer specific questions submitted

Answer 29

impeaches based on external matter ie. bribed. usually jurors cannot testify unless to show extraneous prejudicial infomtration or outsied influence

Answer 30

findicfs od dact, conclusions of law, judgmenet

Answer 31

directed verdict; based on evidencep reesented at trial reasonable people coild not disagree on the result after otherside has been heard

Answer 32

After trial, because the jurt reached a conclsiuion that reasonable s=peopel hsould not have have to have moved for JMOL at trial

Answer 33

damages shocks the conscience remittur: hardnball with P Additur: hardball with D - unconstituitonal in federal court but okay in state court

Answer 34

Grounds: Clerical error (anytime) mistake (Reasonable time, not more than 1 year) new evicence that oculd not have been discovered with due diligence for a nrew trial motion (reasonable time, not more than 1 year) Judgment is void(nosmj) - Reasonabel time (no macimum

Answer 35

entire case; file notice in trial court 30 days after entry of final

Answer 36

may be appealable even though nor final | essentialle unreviewable if parties must await final judgment

Answer 37

Questions of law (de novo) questiosn of fact bench trial (clearly erroneous jury trial; questiosn of fact ( reaosnable peopel coiuld not have made that finding) Discretionary matters ( abuse of discretion)

Answer 38

only get to sue on a claim once Requirement: same claimant agaisnt same defendent judgment on the merits asserted the same claim ``` Majority virew(including fed law) claim is any right to releig arising from a T/O minority view: separate claism for propert damage and personal injuries because those are different primart rights ```

Answer 39

no relitigation of issue valid,final judgement on the meris same issue was actually litigated and determined issue was essential to the judgement in first case; finding on this issue is the basis of judgmenet Agaisnt whom? only afaisnt somebody who was a party to case 1 by whom? nonmutual defensice issue preclusion: the one using it was not a party to case 1 and is a D in case 2 ; oka as long as had a full chance to litiate i ncase 1 nonmutual offensive issue preclusion: the one using it was not a party to case 1 and is P in case 2; okay but will not allow if it is unfait ie. inconsistend findings on this issue

Learning about the case Flashcards

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