Rules Flashcards

Question

REQUESTS for ADMISSION

Answer 1

Governed by Rule 36 * Mostly tool for reducing number of issues contested at trial * Admission conclusively establishes the matter admitted, for purposes of that case (but not in any other proceeding) * Helpful as means of authenticating documents (so that time need not be used at trial)

Answer 2

Three principal control mechanisms: 1. Rule 26(g) certification requirement (and accompanying sanctions) 2. Rule 37 motions to compel (and accompanying sanctions) 3. Rule 26(c) protective orders

Answer 3

(1) Signature Required; Effect of Signature. Every disclosure under Rule 26(a)(1) or (a)(3) and every discovery request, response, or objection must be signed by at least one attorney of record in the attorney’s own name . . . . By signing, an attorney or party certifies that to the best of the person's knowledge, information, and belief formed after a reasonable inquiry: (3) Sanction for Improper Certification. If a certification violates this rule without substantial justification, the court, on motion or on its own, must impose an appropriate sanction on the signer, the party on whose behalf the signer was acting, or both. The sanction may include an order to pay the reasonable expenses, including attorney’s fees, caused by the violation.

Answer 4

(1) In General. On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action. * Under Rule 37(c)(1), party failing to make a required disclosure may be barred from “us[ing] that information or witness to supply evidence on a motion, at a hearing, or at trial” * Under Rule 37(a)(5), party losing motion to compel may be required to pay opposing party’s costs in filing or opposing motion * Under Rule 37(c)(2), party failing to admit (in response to request for admission) matter ultimately proved may be required to pay costs of making such proof * Under Rule 37(e), standard slightly more lenient for spoliation of electronically stored information; severe sanctions only permissible when “party acted with the intent to deprive another party of the information’s use in the litigation

Answer 5

(c) PROTECTIVE ORDERS. (1) In General. A party or any person from whom discovery is sought may move for a protective order in the court where the action is pending—or as an alternative on matters relating to a deposition, in the court for the district where the deposition will be taken. The motion must include a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action. The court may, for good cause, issue an order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense . . . .

Answer 6

Rule 41 Voluntary dismissal by plaintiff: A plaintiff in federal court may voluntarily dismiss his complaint without prejudice any time before the defendant serves an answer or moves for summary judgment. The plaintiff may do this without leave of court. The fact that the dismissal is “without prejudice” means that he may bring the suit again. 1. Only one dismissal: Only the first dismissal of a claim is without prejudice. If a plaintiff has already once before dismissed a claim in either state or federal court, his second dismissal operates as an “adjudication on the merits,” i.e., he is barred from bringing the claim a third time by res judicata just as if the claim had been fully litigated and decided against him. See Rule 41( a)( 1). This is sometimes called the “two dismissal” rule. 2. After answer or motion: After the defendant has answered or moved for summary judgment, plaintiff may voluntarily dismiss only with the court’s approval, and on the court’s terms. See Rule 41( a)( 2). 3. Payment of expenses: If a claim has been voluntarily dismissed once before, the second time it is brought the court can order that the plaintiff pay the court costs of the first action before allowing the second one to go forward. See Rule 41( d).

Answer 7

Involuntary dismissal: The plaintiff’s claim may also be involuntarily dismissed, by court order. 1. Grounds: An involuntary dismissal under Rule 41( b) may be ordered by the court, on motion, for: a. Failure to prosecute: failure to prosecute (failure of complainant to pursue the action); b. Disobedience: failure of complainant to obey court orders (e.g., discovery or pretrial conference orders); c. Other: any of the reasons listed as defenses in Rule 12( b).

Answer 8

Summary judgment: If one party can show that there is no “genuine dispute as to any material fact” in the lawsuit, and that he is “entitled to judgment as a matter of law,” he can win the case without going to trial. Such a victory without trial is called “summary judgment,” and is provided for by Rule 56. Motion can be filed up to 30 days after the close of discovery, . Motion for summary judgment under Rule 56: •When? At or near close of discovery •Materials considered? Evidence admissible (or in form that could be made admissible) at trial •Standard? Viewing evidence in light most favorable to non-moving party, there is no genuine dispute of material fact + moving party entitled to judgment as matter of law 2. Cannot evaluate whether movant is entitled to summary judgment without knowing substantive law of claim or defense at issue 3. May be sought by any party; may be on just one of multiple claims; or even just partial with respect to a single claim

Answer 9

Normally an involuntary dismissal is with prejudice, and thus has the effect of an adjudication on the merits, unless the dismissing court states otherwise. Rule 41( b). Exceptions to this general rule (i.e., situations in which the dismissal is not with prejudice if the dismissing court is silent on the issue) are dismissals for: a. lack of jurisdiction (of both the parties and the subject matter, and for insufficient service); b. improper venue; and c. failure to join an indispensable party under Rule 19. See Rule 41( b).

Answer 10

Rule 26(g) imposes certification requirement on discovery disclosures, requests, responses, and objections; after reasonable inquiry, must be “complete and correct,”“not interposed for any improper purpose,”and “neither unreasonable or unduly burdensome” Rule 37 permits parties to seek motion to compel a discovery response, and the court to impose sanctions for noncompliance Rule 26(c) permits parties to seek protective orders

Answer 11

Klaxon instructs that a federal court adjudicating a state-law claim shall apply the choice of law rules of the state in which it sits to determine what substantive law shall govern the state-law claim The rule of Klaxonis itself a federal-common rule; like Rule 4(k)(1)(a), it directs federal courts (as a matter of federal law) to do what a state court would do under the same circumstances

Answer 12

1: To minimize opportunities for “forum shopping” 2: To avoid the inequitable administration of the laws (such as those evidenced in Black & White Taxicab)

Answer 13

§1391(b) defines when venue is generally proper (though some other statutes define proper venue in particular circumstances) * §1406 authorizes district courts to transfer venue (or dismiss) when venue is improper * §1404 authorizes district courts to transfer venue when venue is proper

Answer 14

In Van Dusen v. Barrack, Supreme Court held that when venue is transferred under §1404, the applicable choice of law rule is what the transferring court would have applied By contrast, when venue is transferred under §1406, receiving court should apply normal rule of Klaxon(i.e., choice of law rule that governs in receiving court’s state courts)

Answer 15

THREE FUNDAMENTAL AXIOMS 1. Every federal statute must be authorized by the Constitution 2. Every Federal Rule of Civil Procedure must be authorized by the Rules Enabling Act (as well as be within Congress’s legislative powers) 3. Any court-created rule adopted as a matter of judicial practice must be consistent with the Constitution, federal statutes, and the Federal Rules of Civil Procedure

Answer 16

Valid federal laws preempt state laws with which they conflict (at least to the extent of the conflict) 1. If federal rule is merely judicial practice (and not dictated by provision listed in Supremacy Clause), a particular sort of analysis will apply 2. If federal rule is codified in Federal Rule of Civil Procedure, a different analysis will apply 3. And if federal rule is codified in federal statute, then an even different analysis will apply 4. And if federal rule is embodied in the Constitution, then yet another analysis will apply

Answer 17

Court should particularly consider the “twin evils” Erie sought to mitigate: 1. Practice of “forum shopping” that Swift v. Tyson had encouraged 2. Inequitable administration of the laws resulting from variation in law applicable in state and federal court •Trivial differences generally will not raise these concerns (even if they might be “outcome determinative” retrospectively in a given case)

Answer 18

•By virtue of Supremacy Clause, Federal Rule must prevail so long as it is valid •Federal Rule of Civil Procedure is valid if two conditions hold: 1.The Rule is within Congress’s authority to enact, AND 2. The Rule is authorized by the Rules Enabling Act: a. It prescribes a “general rule of practice or procedure” b. It does “not abridge, enlarge or modify any substantive right”

Answer 19

YES Federal law preempts the state rule so long as the federal law is valid• NO Conflict between state and federal practice is not controlled by the Supremacy Clause; court should evaluate degree to which divergence aggravates “twin evils” of 1. Forum shopping 2. Inequitable administration of the law

Answer 20

(a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties. (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 (diversity) of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.

Answer 21

Rule 26. Duty to Disclose; General Provisions Governing Discovery (a) Required Disclosures. (1) Initial Disclosure. (A) In General. Except as exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a party must, without awaiting a discovery request, provide to the other parties: (i) the name and, if known, the address and telephone number of each individual likely to have discoverable information—along with the subjects of that information—that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment; (ii) a copy—or a description by category and location—of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment; (iii) a computation of each category of damages claimed by the disclosing party—who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and (iv) for inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.

Answer 22

Rule 38(b): “On any issue triable of right by a jury, a party may demand a jury trial by . . . serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and filing the demand in accordance with Rule 5(d).” •Rule 38(d): “A party waives a jury trial unless its demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.”

Answer 23

Rule 59 Two basic reasons for seeking new trial: 1.Verdict is not supported by the weight of the evidence (in outcome or amount of damages) •Similar to motion for judgment as matter of law •Differs in standard and relevant relief 2.Trial process error* * Jury instructions * Admission or exclusion of evidence * Improper argument to jury * Juror or witness misconduct * Inconsistent verdicts (*Mosttrial process errors subject to harmless error rule of Rule 61)

Answer 24

JMOL: Sufficiency of the evidence. Construed against moving party, judge does not weigh evidence. Motion for new trial: Weight of the evidence or flawed trial process. Judge does weigh evidence and can assess credibility. Judge must find that verdict was clearly erroneous or be left with a definite and firm conviction of error to grant motion.

Answer 25

Rule 59. Can be made up to 28 days after the end of the trial.

Answer 26

Court can do a Remittiur if they believe damages awarded shock the conscious. Court will look to other cases to determine appropriate damages. The wining party can either take the remittiur amount or go to a new trial. Court can use 3 standards for the amount 1: Award lowest amount supported by record 2: Award highest amount supported by record 3: Amount that seems reasonable

Answer 27

1: Length and complexity of trial 2: importance of credibility determinations 3: Juries comparative fact finding

Answer 28

In deciding a motion for JMOL, the court must draw all reasonable inferences in favor of the non-moving party. No weighing of the evidence. The court may grant only if the court finds that there is no legal sufficient evidentiary basis from which a reasonable jury could find for the non-moving party.

Answer 29

1: initial planning conference, also called the Rule 26(f) conference. At this conference, the parties must discuss the claims, the potential for settlement, and their plans for discovery. [Fed. R. Civ. P. 26(f).] 2: At the Rule 26(f) conference, or within 14 days afterward, each party must submit its initial disclosures to the other parties. A party who is served or joined after the Rule 26(f) conference must make these disclosures within 30 days after being served or joined. [Fed. R. Civ. P. 26(a)(1)(C)-(D).] The initial disclosures must contain information about people, documents, damages, and insurance. [Fed. R. Civ. P. 26(a)(1)(A)(i)-(iv).]

Answer 30

Does not have to be in writing, but moving party must specify the law and facts that entitle the movant to the judgement - for a party to preserve a sufficiency-of-the-evidence challenge on appeal, it must have made a Rule 50(b) motion.

Answer 31

Rule 60: Six Ways a court can grant a motion for relief from judgement 1: Mistake, surprise, inadvertence, or excusable neglect 2: Newly discovered evidence, that with reasonable diligence could have not been found in time for a rule 59 motion. 3: Fraud 4: Judgement is void 5: Judgement has been satisfied, released, or discharged 6: Any other reason that justifies relief Motion must be made no more than a year after entry of judgement

Answer 32

1: The loser must preserve the issue during the trial court proceeding, typically by objection and then must raise the issue properly on appeal 2: If the issue is one of fact, the appellate court will typically give great deference to the trial courts handling of the matter, and is much less likely to reverse than for an error of law. 3: The appeals court will not reverse where it finds the error was harmless

Answer 33

1: 1292(a): A grant or denial of an injunction may be immediately appealed 2: 1292(b) The district court may certify a question for interlocutory appeal when the issue is very important. However, this requires both the trial court and the appeals court to both approve the interlocutory appeal

Answer 34

1: Trail Judge needs to state in writing that the order involves a controlling issue of law. 2: That on that question, there is substantial grounds for difference of opinion 3: And that an immediate appeal may materially advance the ultimate termination. Then, within 10 days, the moving party must ask the court of appeals to hear it. The court of appeals can choose to hear the appeal or not.

Answer 35

To qualify for immediate appellate review under the collateral order doctrine, the district court’s decision must: 1.Be conclusive of the issue •“[T]he district court has clearly said its last word on the subject” •Not subject to reexamination or revision by district court ``` 2.Resolve an important question that is completely separate from the merits •“conceptually distinct from the merits of the plaintiff's claim” — Iqbal •Importance of class of claims, not individual claim of specific would-be appellant ``` 3.Be effectively unreviewable after final judgment•Most important criterion •Question is whether, as practical matter, appeal is “now or never” •EXAMPLE: qualified immunity

Answer 36

To be entitled to writ of mandamus, petitioner must demonstrate two things: 1.Some special risk of irreparable harm•Petitioner must “have no other adequate means to attain the relief he desires” 2.A clear entitlement to the relief requested •Right to writ must be “clear and indisputable” •Granted only when the lower court was “clearly without jurisdiction” or exceeded its discretion “to such a degree that its actions amounted to a usurpation of power”

Answer 37

FRCP 46: The objecting party must state the action that it wants the court to take or objects to along with the grounds for the request or objection.

Answer 38

1: When the question is one of pure law, should be de novo. From the ground up. 2: Abuse of discretion: So long as the district court applies the correct legal standard, the exercise of its discretion in applying that standard is given wide latitude. It should only be overturned on appeal if that discretion has been abused. 3: Clear error: Question of pure fact, when made by a judge may only be set aside if they are clearly erroneous. This means the court of appeals should reverse the district court on such a factual finding only when “the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed 4: Reasonable Jury: If no reasonable jury could have reached that verdict, given the evidence in the trial record.

Answer 39

In a multi claim or multi party case, if the trial court expressly determines that there is no just reason for delay, they may enter a partial final judgement as to any claims or parties. If the court does this, they are immediately appealable.

Answer 40

Definition Doctrine allowing appeals from interlocutory rulings (i.e., preceding final judgment) so long as those rulings conclusively decide an issue separate from the merits of the case and would be effectively unreviewable after final judgment. Overview The collateral order doctrine is a narrow exception to the final-judgment rule, which normally forces parties to wait for final judgment before appealing any rulings. This doctrine emerged in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541 (1949). In that case the Supreme Court held to be appealable those orders which "finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated."

Answer 41

1: Plaintiff couldn't have joined the earlier case 2: Can't be unfair to the defendant. Aka if the defendant lacked a full and fair opportunity to litigate the issue

Answer 42

INTER-SYSTEM PRECLUSION OVERVIEW GENERAL RULE: Court in second action must apply the preclusion law of the rendering court Preclusive effect attaches to (and runs with) the judgment: it becomes a part of that judgment that subsequent which courts must give full faith and credit •E.g., if first judgment was rendered by a State A court, State B court in subsequent action must apply State A preclusion law to determine preclusive effect of the State A court’s judgment 1. State court judgment in another state’s court: mandated by Full Faith and Credit Clause 2. State court judgment in federal district court: mandated by 28 U.S.C. §1738 (Full Faith and Credit statute)“Such . . . judicial proceedings . . . shall have the same full faith and credit in every court within the United States and its Territories and Possessions as they have by law or usage in the courts of such State, Territory or Possession from which they are taken.” 3. Federal court judgment in state trial court: federal common law authority to determine preclusive effect of federal court judgments Preclusion law that attaches to a federal court’s judgment depends on subject matter jurisdiction that is basis of federal court’s judgment * If district court’s judgment is based on federal question jurisdiction, then federal common law governs scope of its preclusive effect * If district court’s judgment is based on diversity jurisdiction, then preclusion law of state in which district court sits determines scope of its preclusive effect

Answer 43

1: Appellate court will consider an issue not raised in district court if it involves a pure question of law and a refusal to hear it would result in a miscarriage of justice 2: Rule may be relaxed when appellant raises an objection where it had no opportunity to raise at district court level. 3: Where interest of substantial justice is at stake (plain error doctrine) 4: When proper resolution is beyond any doubt 5: If the issue is of great impact or great public concern

Answer 44

Nonmutual means that the party using issue preclusion in Case 2 was not a party to Case 1.

Answer 45

Harmless Error: Unless justice requires otherwise, no error in admitting or excluding evidence—or any other error by the court or a party—is ground for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order. At every stage of the proceeding, the court must disregard all errors and defects that do not affect any party's substantial rights.

Answer 46

1: Has to be a controlling question of law 2: Substantial ground for a difference of opinion 3: Immediate appeal may materially advance resolution of case Then have 10 days to present it to appeals court in which they may accept or deny.

Answer 47

1: The extent to which the request is specifically tailed to discover relevant information 2: The availability of information from other sources 3: Total cost of production compared to the amount in controversy 4: The total cost of production, compared to the resources available for each party 5: The relative ability of each party to control costs and its incentives to do so now 6: The importance of the issues at stake in the litigation and 7: The relative benefits to the parties of obtaining the information

Answer 48

SUBSTANTIVE LEGAL STANDARD 1. Must be accurate on the law 2. Cannot “confuse or mislead” the jury 3. To obtain reversal on appeal, error in instruction must have been prejudicial (i.e., not harmless)

Answer 49

Three conditions must be met before a court of appeals may consider exercising its discretion to correct a plain error that was not brought to the district court's attention: 1. There must be error that has not been intentionally relinquished or abandoned 2. Error must be plain: clear or obvious 3. Error must have affected defendant's substantial rights

Rules Flashcards

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