Midterm Exam

Question 1

Rule 1

Answer 1

Just, speedy, inexpensive determination of every action and proceeding

Question 2

Rule 3

Answer 2

Civil action is started when complaint is filed

Question 3

Rule 4

Answer 3

A summons must be served with a copy of the complaint

Question 4

Ways of service

Answer 4

Personal service
Dwelling service
Agent (someone authorized to receive summons)
Waiver (get more time and don’t have to pay)
State/substitutions method

Question 5

Lassiter Case

Answer 5

Do not get assigned council in civil court
Pro se litigants

Question 6

Personal Jurisdiction

Answer 6

Jurisdiction over the parties

Question 7

Civil cases need

Answer 7

Proper notice
Personal jurisdiction
Subject matter jurisdiction

Question 8

International shoe

Answer 8

Quality and nature of the activity must be “substantial and continuous”
Meets traditional notions of fair play and justice

Question 9

General personal jurisdiction

Answer 9

Defendants home state connection leads to any claim being able to be taken to court in that state

Question 10

Specific personal jurisdiction

Answer 10

Connection of activities of the defendant in a state to the claims of the complaint

Question 11

Ford motor co.

Answer 11

Purposeful availment

Question 12

Subject matter jurisdiction

Answer 12

Jurisdiction over the law

Question 13

Federal court jurisdiction

Answer 13

Diversity jurisdiction
Federal question doctrine

Question 14

Diversity jurisdiction

Answer 14

Plaintiffs home must be a different state from the defendant
Amount in controversy over 75,000
Diversity is looked at at time of filing
Burden of proof is on the party invoking diversity jurisdiction

Question 15

Humans

Answer 15

Domicile
Fixed and permanent home and principal establishment to which they have the intention to return when absent from there

Question 16

Corporations

Answer 16

Home is where they are incorporated and principal place of businesses
Nerve center = corporate headquarters
LLC must look at home states of partners

Question 17

Amount in controversy

Answer 17

Must be over 75,000
Single plaintiff can aggregate claims against a single defendant
Multiple plaintiff cannot aggregate claims against a single defendant

Question 18

Federal question doctrine

Answer 18

Original cause of action must raise substantial and necessary federal question
Anticipated defense is not enough

Question 19

Direct federal question

Answer 19

Cause of action alleges claim based on express federal law

Question 20

Implied federal question

Answer 20

Federal statute that provides a right without direct way to get compensation (regulator laws)

Question 21

Embedded/mixed federal question

Answer 21

State tort claim that uses federal statute to show wrongdoing
Only take if
1. Substantial
2. Necessary
3. Actual dispute
4. Federalism is not disturbed

Question 22

Rule 8

Answer 22

A pleading that states a claim for relief must contain
1. Short and plain statement for the courts jurisdiction
2. Short and plain statement that the pleader is entitled to relief
3. A demand for relief sought

Question 23

Conley Case

Answer 23

Complaint should not be dismissed unless it is beyond doubt that the facts cannot support the claim
Only requires a short and plain statement of the claim
Possible

Question 24

Failure to state a claim

Answer 24

Citing law that does not apply
No statute supporting the claim

Question 25

Twombly Case

Answer 25

Circumstantial evidence is not enough Need more than speculation Cost of discovery Probable

Question 26

Iqbal Case

Answer 26

Need facts not conclusory statements

Question 27

Rule 8(b)

Answer 27

Answers 1. Jurisdiction is wrong 2. Bad service 3. Legal insufficiency 4. Deny allegations 5. Affirmative defense 6. Arbitration has to be somewhere else (contract) 7. Counter claim

Question 28

Motions to dismiss 12(b)

Answer 28

Either file an answer or a motion to dismiss 1. SMJ 2. PJ 3. Venue 4. Insufficient process 5. Insufficient service of process 6. Insufficient complaint 7. Failure to join parties

Question 29

Improper answer

Answer 29

Defendant never admitted that they were the wrong party to sue in the complaint

Question 30

Affirmative defenses

Answer 30

Must be addressed at the beginning or the defense waives their rights of appeal on that issue

Question 31

Rule 15

Answer 31

May amend pleading within 21 days of service without permission of the opposing council or judge After 21 days, need permission of the court or opposing council (justice and fairness) Response to amended pleading must be given within the original period or within 14 days (whichever is longer)

Question 32

Plaintiff can add evidence as long as

Answer 32

It adds to the merit of the trial and Does not prejudice the defense

Question 33

Pre-trial schedule

Answer 33

Good cause to overrule (high standard)

Question 34

Relation back

Answer 34

If statute of limitation has run, amendment must relate back to the original pleading Burden is on the defendant to make sure the complaint raised the correct party - arises from the same conduct - involves defendant who received notice

Question 35

Rule 11

Answer 35

Abuse of discretion Lawyer need to take all reasonable steps to make sure the complaint is legitimate Must sign a credible and truthful complaint

Question 36

Discretionary sanctions

Answer 36

Deterrence Is the lawsuit presented for improper purpose? The lawsuit based on proper law Is there evidentiary support The denial of evidence is proper

Question 37

Safe harbor provision

Answer 37

21 days to amend the complaint to avoid sanctions

Question 38

Mallory

Answer 38

Federalism - every state cannot be a companies home state

Question 39

Goals of Rule 8

Answer 39

Frame the issue Disclose evidence Weed out frivolous litigation