Az Civ Pro Study Set

Front 1

Citizenship 4 types for PJ

Back 1

1) Individual: citizenship is domicile--true home--person intends to remain or to return to
2) Corporate: Citizen of state of incorporation, or where principle place of business or bulk of activity takes place.
3) Unincorporated association: Association / partnership is citizen in each state where a member resides.
4) Aliens: Alien may sue non-alien, non-alien may sue alien, but non-alien may not sue non-alien in fed. diversity. LPR is a citizen of the state of her permanent residence. American citizens domiciled outside America may not be sued.

Front 2

Personal Jurisdiction
5 Ways to gain PJ

Back 2

1( Voluntary presence of D in state
2) Voluntary appearance by D (except for limited purpose of appearing to object J .)
3) Express or implied consent (express; X appointed an agent to receive service for him in AZ Implied; X waited to long to object to PJ
4) Sufficiency of contacts w/ forum state
5) Domicile in Forum state
6) LONG ARM

Front 3

Common Q Issues, even where AZ Stat grants J: Balancing Test 5 elements

Back 3

Exercise of J over D must be Q:
1-Minimum contacts "exercise of J does not offend traditional notions of fair play and sustantial justice."
2-Conduct and connection w/ AZ= Purposeful Availment.
3-Purposeful Availment = reasonably anticipate being haled into AZ.
4-Systematic and continuous activity in AZ.
5-Knowledge that consequences of actions will occur in AZ (give rise to cause of action in the forum)

Front 4

Service of Process: 5 Methods

Back 4

1) Personal Service: Wingspan: if cannot put summons and complaint in D's hand, service is proper in "wingspan" of reluctant D.
2) Abode Service: Leaving summons and complaint at D's regular abode with someone of suitable age and discretion. (usu.12)
3) Agent Service: Personal service on authorized agent of D. or managing agent of D or Partner.
4) Service by Mail: Mailing of summons and complaint to D, with waiver-of-process request. If D waives process methods, he gets 60 days to respond.
5) Publication: Affidavit swearing that D was last known to be domiciled in AZ, and he really can't be found. Publish once a week for four weeks in newspaper where action is pending. Mail action to D's last known address if possible.

Front 5

Federal Venue: 2 Options

Back 5

1) If all D's reside in the same state, can be brought where ANY D resides; OR
2) Where a substantial part fo the claim arose.

Front 6

State Venue:
D's County, 5 Exceptions

Back 6

Usu. in D's county of residence.
Exceptions:
1. When D does not reside in AZ (P's county)
2. In divorce action (P's county)
3. Action involving real property (Property's county)
4. Breach of K: Where P lives OR where K was made or to be performed.
5. Actions against corporations (where any D lives, and cause of action arose)

Front 7

Joinder: Compulsory Counterclaims

Back 7

Compulsory: D must assert any claim that arises out of the same transaction or occurrence against an opposing party at the time of filing a responsive pleading. If there are other necessary parties, then D must join them, if relief cannot be accorded among those already subject to suit.
Failure to do so results in res judicata.

Front 8

Joinder Permissive Counterclaims

Back 8

Does not derive from the same transaction or occurrence. D has the option of filing the claim or waiting to file a separate action later.

Front 9

Joinder: Impleader

Back 9

Possible if 3rd party may be liable to D for all or part of D's same liability to P. E.g. Indemnification or contribution.

Front 10

Joinder: Interpleader

Back 10

Holder of a common fund may go to court as P and interplead as D's each rival claimant to its common fund. E.g. Insurance company with two potential beneficiaries under a policy.

Front 11

Joinder: Intervention

Back 11

Act of a non-party in trying to intervene and become a party to an ongoing lawsuit.

Front 12

Joinder: Class Action:
Requirements:
4
6 if monetary damages are sought.

Back 12

1) Commonality of issues of fact or law pertaining to class.
2) Adequacy: Named P and her atty's will adequately protect class interests.
3) Numerosity: Too damn many P's to practically join.
4) Typicality: Named P's claims are typical of the class.
5) (if money damages sought): Predominance of common issues over individuals issues.
6) (if money damages sought) Superiority of class action as method of adjudicating multiple claims
(After certifying class, Judge must order notice to class actions seeking money,and judge must approve any settlement of a class-action.)

Front 13

Types of Joinder:

Back 13

1) Counterclaims: Compulsory or Permissive
2) Impleader
3) Interpleader
4) Intervention
5) Class Action

Front 14

Discovery Devices

Back 14

Interrogatories: Limits on number
Requests for Admission: Limit on number
Deposition:

Front 15

4 Pre-Requisites for Class Action

Back 15

1) Class too numerous to join individually
2) Common question of law or fact
3) Claims or defenses of representatives typical of class
4) Representatives will fairly and adequately protect interests of class.

Front 16

4 Additional Requirements for Class Action

Back 16

1) Individual actions create risk of inconsistent adjudication or impairing ability of non-parties to protect their interests.
2) Injunctive (or declaratory) relief appropriate where party opposing class has acted or refused to act on the grounds generally applicable to class.
3) Common questions of law or fact predominate
4) Difficulties likely in management of class action.

Front 17

5 Steps Class Action Procedure

Back 17

1) Determine maintainability
2) Notice: All members of class must receive notice of action, also notice they may be excluded on request, unless excluded will be bound; if not excluded may appear through counsel.
3) Form of Judgment: Judgment must describe the class.
4) Class action may be subdivided where necessary and maintained only as to particular issues or class divided into subclasses
5) Dismissal or compromise of class action requires court approval.

Front 18

4 Characteristics of Derivative Shareholder' Actions:
If not met, regular class action rules apply.

Back 18

Type of class action brought by shareholders of corp. or members of assoc. to enforce right of corp. or assoc. where corp. or assoc. failed to enforce it.
1) Verified complaint (i)alleging P was a shareholder at time of transaction complained of; (ii) Efforts by P to directors or shareholders to enforce rights and reasons for failure.
2) Corp. ALWAYS indispensible party D.
3) Recovery goes to corp/assoc. NOT P.
4) Defenses or counterclaims can't be maintained against P personally.

Front 19

Substitution of Party: 4 Times

Back 19

1) Death of party (non-parties must receive notice, motion for substitution within 90 days of suggestion of death on record.)
2) Incompetence of a Party
3) Transfer of Interest
4) Public Officers: Death or Separation: Automatic substitution, name change may be made in court papers at any time, misnomers not affecting substantive rights disregarded.