r/s Flashcards

Question

interrogatories and objections

Answer 1

-only for parties -25 for fed -35 for CA -objections with specificity and timely otherwise waived, unless good cause

Answer 2

-good faith meeting to settle the issue -then file motion to compel --> fed: no automatic disclosures --> CA: make reasonable/good faith to resolve issues then sanctions CA: movant exercised due diligence, 21 days to correct conduct prior to motion

Answer 3

$20 and for actions at law demand in writing within 14 days of service of last pleading serve and file

Answer 4

-same parties or successors in interest -valid final judgments on merit -same claim (CA: same claim must be primary rights not trasnaction and judgment not considered final until conclusion of appeal or until time for appeal has expired )

Answer 5

-same issue actually litigated: facts and law similar -final judgment on merits and actually litigated -issue essential to judgment -party against whom issue preclusion is asserted is party in prior lawsuit OR successor in interest CA Distinction—unlike in federal practice, default and consent judgments in CA are given issue preclusive effect as to material issues actually raised in pleadings that were necessary to judgment

Answer 6

claim can be dismissed if fails to assert legal theory cognizable at law or fails to allege facts sufficient to support cognizable claim. two steps: 1) identify and reject legal conclusions unsupported by factual allegations. including conclusory statements. 2) assume truth of well-pled factual allegations with context specific analysis, using judicial experience and common sense; resolve all doubts and inferences in the plaintiff’s favor; and view the pleading in the light most favorable to the plaintiff. analyze what should be in MTD to survive

Answer 7

numerosity, commonality, typicality, adequacy

Answer 8

no genuine dispute as to any material fact and movant is entitled to judgment as matter of law. no reasonable jury could find for nonmoving party. judged on materials in record and sworn statements (not pleadings but affidavits connected to pleadings).

Answer 9

No reasonable person could decide otherwise (substantial evidence). viewing evidence in light most favorable to nonmoving party. not credibility of witnesses.

Answer 10

-legal error -newly discovered evidence -prejudicial misconduct -verdict is against weight of evidence no later than 28 days after entry of judgment

Answer 11

The collateral-order doctrine allows an immediate appeal from an interlocutory order that (1) conclusively resolves an important issue that (2) is separate from the merits of the claim and (3) cannot be effectively reviewed on appeal from a final judgment

Answer 12

If a court denies a motion to compel, it must award the nonmovant the reasonable expenses incurred in opposing the motion unless the motion was substantially justified or the award would be unjust. If the motion is granted, the court must award the movant's expenses. If it is granted in part and denied in part, expenses may be apportioned.

Answer 13

A waiver does not extend to undisclosed communications or information unless (1) the waiver was intentional, (2) the disclosed and undisclosed communications or information concern the same subject matter, and (3) the communications or information should be considered together.

Answer 14

Under the "100-mile bulge rule," a federal court acquires personal jurisdiction over parties (1) added to the suit through impleader or required joinder and (2) served with process within 100 miles of that court.

Answer 15

A voluntary dismissal is permitted when (1) all the parties who have appeared sign a stipulation of dismissal or (2) the plaintiff files a notice of dismissal before the defendant serves an answer or a summary-judgment motion. Otherwise, the plaintiff must obtain a court order by moving to dismiss the case without prejudice.

Answer 16

A party's failure to adequately respond to a request for admission within 30 days after the request is served results in the matter being admitted and conclusively established in the pending action.

Answer 17

Any objections to the use at trial of deposition testimony, documents, or exhibits must be made within 14 days after the disclosures.* An objection not made within this time is waived unless (1) excused by the court for good cause or (2) the objection is based on relevance. ## Footnote IT RAT = initial disclosures; third party complaint; respond amended pleadings; answer after pre answer motion denied; trial

Answer 18

## Footnote SASH

Answer 19

## Footnote AJAN

Answer 20

## Footnote sapirr

Answer 21

## Footnote SIE

Answer 22

applies when declaratory or injunctive relief is sought in federal court. This doctrine requires abstention when such relief would interfere with a pending state proceeding on any criminal matter or a particular civil matter* that: involves an important state interest and provides an adequate opportunity to litigate the federal issue(s). exceptions: -prosecution in bad faith -patently unconstitutional state law -state consents -immediate/irreparable harm

Answer 23

At any time, a federal court may (1) entertain an independent action to relieve a party from a judgment, order, or proceeding, (2) grant relief pursuant to a federal statute, or (3) set aside a judgment for fraud on the court.

Answer 24

An order for a physical/mental exam may be made only upon: -motion, -for good cause shown, -and the person to be examined and all parties must be given prior notice specifying the time, place, conditions, scope of the examination, and the identity of the examiner.

Answer 25

party or nonparty (subpoena or SDT) any time after discovery conference

Answer 26

comms between dr and patient for purpose of treatment/diagnosis waived if: -physical condition at issue -fed court and fed law applies

Answer 27

Class treatment is necessary to avoid harm either to class members or to party opposing class. Usually limited fund. (Can ask money damages). Notice is at the discretion of the court. Final injunctive relief would be appropriate for the whole class. Notice is at the discretion of the court. Common questions of law or fact predominate. money damages a. Must provide notice to the class (best notice under the circumstances) b. Class members have right to opt out c. Must show common issues predominate and are superior.

Answer 28

Under the Multiparty, Multiforum Trial Jurisdiction Act of 2002, when a civil action “arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location,” only one plaintiff need be of diverse citizenship from one defendant for a federal court to have diversity jurisdiction, provided a defendant resides in a state and a substantial part of the accident took place in another state or other location.

Answer 29

A party's pretrial disclosures must include (1) the name, address, and phone number of each witness, (2) deposition testimony that will be used at trial, and (3) all documents and exhibits. But these requirements do not apply to witnesses and evidence that will be used solely for impeachment.

Answer 30

served on all parties and accompanied by a certificate that the movant has in good faith conferred or attempted to confer with the opposing party

Answer 31

A final judgment is a decision by the court made on the merits (rather than a technicality) that leaves nothing for the court to do but execute the judgment. The notice of appeal must generally be filed within 30 days after the judgment or order being appealed was entered. most interlocutory orders are not immediately appealable, there are some that have an immediate right of appeal, such an order granting, modifying, refusing, or dissolving an injunction, an order appointing or refusing to appoint a receiver, and certain admiralty cases

Answer 32

Under the two-dismissal rule, a voluntary dismissal operates as an adjudication on the merits when the plaintiff (1) voluntarily dismissed an action in federal or state court without a court order and (2) filed a notice of voluntary dismissal in a second action on the same claim in federal court.

Answer 33

-calculation of damages -people w/ discoverable info -docs/exhibits relevant to your claim -insurance that may pay for claims

Answer 34

The expert’s qualifications, The data or other information the expert considered in order to form an opinion, A complete list of the expert’s publications in the past ten years, A complete list of cases in which the expert testified (at deposition or trial) in the previous four years, The compensation paid to the expert, Any necessary supporting exhibits.

Answer 35

After the jury returns a verdict and before the jury is dismissed, the court must poll the jurors individually if a party requests

Answer 36

If a pleading contains any insufficient defense, or redundant, immaterial, impertinent, or scandalous material, then the court, upon motion or upon its own initiative, may order that such defense or material be stricken

Answer 37

weigh the party’s interests in seeking discovery against the privacy interests of the party resisting discovery.

Answer 38

Damages or injunctive relief: value of benefit to P or compliance to D can aggregate claims even unrelated against one D from one P Multiple Ds – can aggregate ONLY if jointly liable. otherwise cannot aggregate Multiple plaintiffs may aggregate (i.e., combine) their claims to satisfy the amount-in-controversy requirement when they seek to enforce a single title or right to a common or undivided interest.

Answer 39

Single plaintiff – common nucleus of operative facts for state in addition to the fed/diversity claim Multiple plaintiffs – additional plaintiff must have fed q or diversity on their own cannot destroy diversity

Answer 40

Some appellate courts refuse to set aside a jury verdict if there is substantial evidence supporting the verdict. Other courts require only sufficient evidence to sustain a jury verdict.

Answer 41

A court should enter judgment on the pleadings when the movant shows that (1) there is no genuine issue of material fact and (2) the movant is entitled to judgment as a matter of law.

Answer 42

For a written deposition, (1) cross-questions must be served within 14 days after service of direct questions, (2) redirect questions must be served within 7 days after service of cross-questions, and (3) recross-questions must be served within 7 days after service of redirect questions. Objections are due at the same times.

Answer 43

Minimal diversity: At least one plaintiff must be from a different state than at least one defendant Amount in controversy: The total amount in controversy must be greater than $5 million Number of plaintiffs: The class must have at least 100 plaintiffs

Answer 44

also called third party plaintiffs A defendant may add a nonparty to a suit by filing a third-party complaint alleging that the nonparty is liable to the defendant for all or part of the plaintiff's claim. The defendant need only obtain the court's leave if more than 14 days have passed since the defendant served his/her original answer.

Answer 45

A crossclaim is a claim for relief asserted against a coparty (eg, a defendant against a codefendant) that arises from the same transaction or occurrence as another claim in the lawsuit. A crossclaim that does not assert a claim for relief against a coparty (eg, contribution) but merely asserts a defense against the opposing party's claim (eg, contributory negligence) is improper

Answer 46

A party can file a motion for extraordinary relief within one year from the entry of a final judgment that is based on (1) mistake, inadvertence, surprise, or excusable neglect, (2) newly discovered evidence, or (3) the opposing party's fraud, misrepresentation, or misconduct.

Answer 47

The questioning party may adjourn or complete the deposition before filing a motion to compel a response. If the deponent is a nonparty, the motion must be filed where the deposition occurred. But if the deponent is a party (as seen here), it must be filed where the lawsuit is pending

Answer 48

One exception to this final-judgment rule arises when the district court certifies an interlocutory appeal by stating in a written order that: there is a substantial difference of opinion on the controlling question of law and an appeal may materially advance the ultimate termination of the litigation. The party seeking an appeal must then apply to the appellate court within 10 days after the district court enters the order, and the appellate court will decide whether to hear the appeal

Answer 49

 Partnerships—each partner is generally an agent of partnership  Corporations—out-of-state corporation’s contacts with forum state doesn’t automatically establish JX over wholly-owned subsidiary unless it is parent’s alter ego or acting as agent  Employees/agents—contacts by nonresident employer’s agents/employees imputed to employer if acting within the scope of agency/employment (not usually applicable to independent contractors)

Answer 50

May be issued without notice to adverse party if immediate and irreparable injury will result and movant’s attorney certifies efforts made to give notice and the reason why notice should not be required

Answer 51

CA Distinction—general/special demurrer can also be filed, and motion to quash service of summons to object to PJ should do so prior to filing answer (otherwise deemed to have made general appearance)

Answer 52

within 60 days after service of complaint when P has filed a “strategic lawsuit against public participation” (used only in response to certain public interest lawsuits, class actions and actions arising from commercial statements/conduct)

Answer 53

* Timing—30 days after being served, and if D files motion to strike or demurrer, within 10 days of service of notice of denial * Service by electronic means—court may order electronic service on a person represented by counsel who as appeared in an action or proceeding, regardless of consent Cross-complaint o D must seek affirmative relief in cross-complaint, not in answer  Term includes counterclaims, cross-claims, and third-party complaints in federal system  Compulsory cross-complaint—when D has related c/a against P or else barred

Answer 54

Court may impose sanctions limited to what suffices to deter repetition of conduct by others similarly situated; does not apply to mandatory disclosures and discovery requests, responses, and objections,

Answer 55

* Nonparty has interest in property or transaction that is subject matter or action * Disposition of action may impair nonparty’s interest Nonparty’s interest not adequately represented by existing parties

r/s Flashcards

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