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145 Cards in this Set
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Jurisdiction
What are the 3 types of personal jurisdiction? |
In rem
Quasi in rem In personam |
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Jurisdiction
In rem vs quasi in rem |
IN REM
Ct has power to adjudicate rts of ALL person in world w/re to particular item of property QUASI IN REM Ct has power to determine rts of particular individuals, NOT the whole world, w/re to specific property Judgment does NOT bind D personally AND canNOT be enforced against D's other property |
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Jurisdiction
Four ways to satisfy the statutory half of personal jurisdiction (the other half being constitutional) |
Physical presence at time of personal service
Domicile Consent Long arm statute [CA: very broad, anything constitutional is accepted] |
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Jurisdiction
Basic due process elements for personal jurisdiction (3) |
CONTACTS, FAIRNESS, NOTICE
Test: D must have such minimum contacts with forum that exercise of jurisdiction would be fair and reasonable |
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Jurisdiction
Minimum contacts elements for personal jurisdiction due process |
PURPOSEFUL AVAILMENT of privilege of doing business in forum, thus invoked its benefits and protections
FORESEEABILITY: Reasonable anticipation that activities in forum would render it foreseeable that D would be haled into court there |
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Jurisdiction
Fairness elements for personal jurisdiction due process |
Claim related to D's contacts w/forum (specific) OR continuous and systematic contacts w/forum (general)
Convenience to D Forum's legitimate interest in adjudication |
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Jurisdiction
Specific vs general personal jurisdiction |
Specific: claim arises out of D's contacts w/forum
General: D's continuous/systematic contacts w/forum |
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Jurisdiction
Notice elements (2) |
Reasonable method of notification
Opportunity to be heard |
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Jurisdiction
Two types of quasi in rem jurisdiction |
Disputes btw parties over their rts in property within the state (minimum contacts not a problem)
Disputes unrelated to the property, but property is the judgment asset (minimum contacts analysis needed) |
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Jurisdiction
Diversity of citizenship requirements |
Action btw citizens of different states
$75,000+ amount in controversy |
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Jurisdiction
When is diversity measured? |
Initiation of suit
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Jurisdiction
Interpleader exception |
Minimal, NOT complete, diversity + only $500 is okay
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Jurisdiction
Complete vs minimal diversity |
If one D and one P are co-citizens, NO complete diversity
If at least one P and one D are from different states, minimal diversity |
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Jurisdiction
To what does alienage jurisdiction apply and not apply? |
Applies to suits btw American and alien, but NOT btw two aliens
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Jurisdiction
What two things establish domicile for purposes of state citizenship? |
Objective + subjective
Presence in state AND subjective intent to make it her permanent home |
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Jurisdiction
What two things establish corporate citizenship? How are corporate citizens different from persons citizens? |
State of incorporation AND the ONE state of principal place of business
Unlike natural persons, corporations can have TWO simultaneous citizenships |
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Jurisdiction
What tests determine principal place of business? (2) |
HQ
OR Most commercial activities ONLY ONE principal place of business |
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Jurisdiction
How to determine citizenship of UNincorporated association? |
See citizenship of ALL members
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Jurisdiction
What about decedents, minors, incompetents? |
Look at THEIR citizenship, NOT their rep's
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Jurisdiction
For amount in controversy, is aggregation okay? |
Yes, ONLY IF each individual P aggregates
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Jurisdiction
What is well-pleaded complaint rule? |
Ask: is P enforcing a federal right?
If yes, then it's a well-pleaded complaint |
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Jurisdiction
What does supplemental jurisdiction do? |
Once case is already in fed ct, supplemental jurisdiction will bring a claim in even though that claim doesn't meet fed question or diversity jurisdiction
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Jurisdiction
What is the supplemental jurisdiction test? The limitation? |
Supplemental claim must share a common nucleus of operative fact (same transaction or occurence)
Limitation: in a diversity case, P canNOT use supplemental jurisdiction to overcome a lack of diversity So it's still OKAY to use supp jurisdiction to overcome fed question and amount in controversy |
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Jurisdiction
When can ct exercise discretion to knock out supplemental claim? |
IF federal question claim was dismissed early in the proceedings
State law claim is complex State law issues would predominate |
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Jurisdiction
When can case be removed? (3) |
Case that could be heard in fed ct can be removed to fed ct
AND all Ds agree (only Ds can remove) |
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Jurisdiction
What is the where and when of removal? |
Can be removed to fed district ct that embraces the state ct in which it was originally filed
Must remove within 30 days after service of the first removal document |
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Jurisdiction
Removal and special rules for diversity cases |
NO removal more than one year after the case was filed in state ct
NONE of Ds can be from the forum |
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Jurisdiction
What is Erie doctrine? |
In diversity cases, fed ct must apply state substantive law
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Jurisdiction
What is the three step Erie process? |
If there is clearly substantive law, use state law (e.g. elements of a claim/defense; statute of limitations; rules for tolling; conflict of laws)
If there is a fed law on point that directly conflicts with state law, apply fed law If there is no fed law on point but judge wants to avoid state law, apply these three tests: 1 Outcome determinative 2 Balance of interests 3 Avoid forum shopping |
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Jurisdiction
What are the two varieties of cases w/re to venue? |
Local IF it involves land in the forum
Transitory |
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Jurisdiction
In a transitory case, where can P lay venue? |
ANY "district" where:
EITHER ALL Ds reside OR substantial part of the claim arose |
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Jurisdiction
What is the "same state" rule for venue? |
If multiple Ds ALL reside in different districts in the SAME state, then P can lay venue in any of the D's districts
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Jurisdiction
Where do natural persons reside for venue purposes? Corporations? |
Natural persons: same as domicile
Corporations: in ALL districts where they are subject to personal jurisdiction when the case if filed |
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Jurisdiction
What is required for lateral venue transfer? (2 prelim elements + balancing test) |
New venue is proper venue
AND New venue would have had personal jurisdiction over D at time case was filed AND balancing of private and public interests |
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Jurisdiction
What is forum non conveniens? |
If there is a far more appropriate court elsewhere, a court may DISMISS (not merely transfer b/c transfer would be impossible) to let P sue D there.
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Jurisdiction
What is the test for forum on conveniens? What is the burden? |
Heavy burden on moving party
Adequate alternative venue Balancing of public and private interests BIG private factor: if P is resident of original forum |
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Jurisdiction
What two docs are required to serve process? |
Summons AND complaint
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Jurisdiction
What kinds of service are okay? |
Personal (anywhere in forum state)
Substituted Service on D's agent Waiver by mail |
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Pleadings
What is notice pleading? |
Pleading with details that merely puts D on notice
AND "Must plead facts supporting a plausible claim" (recent SCOTUS case) |
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Pleadings
What is Rule 11's connection to filing pleadings? |
Atty MUST sign ALL pleadings EXCEPT discovery docs
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Pleadings
Rule 11 sanctions: who serves, to whom, timing? |
Atty serves opposing parties BEFORE filing w/ct; served party has a 21 day safe harbor period to cure
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Pleadings
Rule 11 monetary sanctions go to whom? |
The court, NOT serving party
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Pleadings
What if court raises Rule 11 sua sponte? |
NO safe harbor
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Pleadings
What MUST be in complaint? (3) |
Stmt of subject matter jurisdiction
Stmt of the claim, showing entitled to relief Demand for judgment/relief |
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Pleadings
What must be pleaded w/particularity? |
Fraud
Mistake Special damages |
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Pleadings
What form must D's response take? (2) |
Motion
OR Answer |
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Pleadings
What are the kinds of responsive motions Ds can file? (2) |
Form issues: 1 12e motion for more definite stmt; 2 12f motion to strike
12b defenses |
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Pleadings
What are the 12b defenses? In what form of response can they be filed? |
12b...
1 Lack of subject matter jurisdiction 2 Lack of personal jurisdiction 3 Improper venue 4 Insufficiency of process 5 Insufficient service of process 6 Failure to state a claim 7 Failure to join indispensable party Filed EITHER as motion OR as answer |
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Pleadings
Which of the 12b motions are waivable? Why does it matter? |
12b2
12b3 12b4 12b5 Waivable matters b/c waivable 12b defenses MUST appear in the FIRST FRCP12 response (motion or answer) or else they're waived! E.g. D files 12b5 motion, court denies, then D files answer asserting a 12b3 defense. CAN'T b/c be not including 12b3 in the first "response" (the motion, here), it's waived |
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Pleading
Timing of answer? Exception? Effect of D's waiver of service? |
Within 20 days after service of process UNLESS D responds first w/FRCP12 motion and is denied, in which case must be within 10 days of court's ruling on motion
Waiver of service gives D 60 days from P's mailing of waiver form |
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Pleading
What are the three possible responses in answer? |
Admit
Deny State lack of info |
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Pleading
Consequence of failure to deny in an answer? Exception? |
Admission UNLESS it's about damages
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Pleading
When must D plead affirmative defenses? Counterclaim? |
BOTH (unless permissive counterclaim) in answer OR ELSE waived
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Pleading
Compulsory vs permissive counterclaims. Test for each? Can they be asserted in another action? |
COMPULSORY: arises from same transactions/occurrences as P's claim; canNOT be asserted in another action
PERMISSIVE: does NOT arise from same transactions/occurrences; CAN be asserted later |
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Pleading
Can compulsory counterclaims satisfy supplemental jurisdiction? |
ALWAYS b/c they meet test and D, NOT P, is involved
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Pleading
Standard for bringing cross-claim? |
MUST arise out of same transactions/occurrences as underlying action
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Pleadings
When does P have a right to amend? Consequences to D? When does D have a right to amend? |
P ONCE before D serves his answer; D must respond within 10 days OR amount of time remaining on his 20 days, whichever longer
D has right to amend ONCE within 20 days of serving answer |
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Pleadings
When no rt to amend, what does ct consider for leave to amend? (2) |
Delay AND prejudice
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Pleadings
What is a variance w/re to amending pleadings? |
Where evidence at trial does not match what was pleaded, P can move to amend complaint to conform
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Pleadings
What is relation back doctrine? How does it affect amending claims? Changing Defendants? |
To amend after a statute of limitations, you may be able to relate back
To join a new claim, amended pleading relates back IF it concerns same transactions/occurrences as original To change D, relates back IF P sued wrong D first, the right D knew about it, AND concerns same occurrences/transactions |
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Discovery
What are the required disclosures? |
Initial disclosures
Experts Info about trial evidence |
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Discovery
Can you depose nonparties? How? Exception? |
YES, with subpoena (can be duces tecum subpoena if she is to bring stuff with her)
EXCEPTION: 100+ miles |
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Discovery
To whom can you propound interrogatories? |
ONLY parties
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Discovery
To whom can you propound requests for production? |
Parties AND non-parties (via subpoena)
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Discovery
What are all the discovery tools? |
Interrogatories
Depositions Requests for production Physical/mental exams Requests for admisision |
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Discovery
Scope of discovery |
Anything relevant to claim or defense
So broader than admissibility scope |
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Discovery
Is privileged matter discoverable? |
NO; object with particularity
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Discovery
Definition of work product |
Prepared in anticipation of litigation
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Discovery
What are the four kinds of work product that are NEVER discoverable? Unless never discoverable, what is the test to rebut presumption of protection? |
NEVER discoverable:
1 Mental impressions 2 Opinions 3 Conclusions 4 Legal theories To rebut something else, must have: substantial need AND not otw available |
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Discovery
Consulting experts |
Retained in anticipation of litigation but will NOT testify at trial
Can only depose them IF exceptional need |
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Discovery
Three main ways discovery issues get to court's attention |
Protective orders b/c request is burdensome OR trade secret
Partial violation of discovery rules (light sanctions) Total violation of discovery rules (heavy sanctions) |
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Complex cases, joining parties
When is permissive joinder okay? |
Some claim made by each P and against each D involves same transactions/occurrences
AND Question of fact or law common to all parties |
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Complex cases, joining parties
For compulsory joinder, a party should be joined IF... |
1 W/o absentee, ct cannot accord complete relief (multiple suit concern)
2 Absentee's interest may be harmed if not joined (MOST tested) OR 3 Claims in interest which subject a party to multiple obligation AND party is amenable to process + joinder will NOT destroy diversity |
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Complex cases, joining parties
What is the outline for a joinder issue? Ask 2 questions What are the elements of compulsory joinder (1 of 3, + 2 elements)? What does court consider if joinder not feasible but ct wants to go ahead? |
2 questions are: 1 Should there be compulsory joinder? 2 If joinder is not feasible, can court proceed anyway w/o necessary party?
Joinder requires 1 of the following 3: --Complete relief cannot be given to existing parties in putatively joined party's absence --Disposition in his absence may impair his ability to protect his interests OR --Absence would expose existing parties to substantial risk AND 1 Amenable to process 2 Will not destroy diversity If not feasible, ct considers factors: --Whether judgment in party's absence would prejudice him or existing parties --Prejudice can be reduced by shaping judgment --Judgement in party's absence would be adequate --Whether P will be deprived of adequate remedy if action is dismissed |
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Complex cases, joining parties
Which joinder rules apply to present parties? Which to new parties? |
C vs I
Present parties, C Counterclaim, cross-claim New parties, I Impleader, intervention, interpleader |
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Complex cases, joining parties
What is impleader? When must you do it? |
D wants to bring someone into suit for indemnity or contribution on underlying claim
Rt to implead within 10 days of serving answer; than, leave of ct |
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Complex cases, joining parties
What is intervention? Intervention of rt vs. permissive intervention |
Intervention is when absent party wants to join as P or D
Intervention of rt: absentee's interest would be harmed if not joined AND her interest is not adequately rep'd now Permissive intervention: discretion of ct IF NO undue delay or prejudice |
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Complex cases, joining parties
What is interpleader? |
When one holding property forces all potential claimants into single lawsuit to deal with property interest issues
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Class action
What are the prelim requirements of a class action? |
Numerosity
Commonality Typicality Representative is adequate AND One of the following situations is present: 1 Separate actions would create risk of inconsistent results 2 D has not/acted on grounds applicable to the class and INJUNCTIVE or DECLARATORY relief is appropriate for the whole class OR 3 Common questions of law or fact predominate AND class action is superior to alternate methods of adjudication |
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Class action
What must court if it wants to go ahead with class? |
Certify AND appoint class counsel
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Class action
If the type of class action is "Common questions of law or fact predominate AND class action is superior to alternate methods of adjudication", then court MUST give notice to class members which includes |
Opt-out
Binding if no opt-out Can enter separate appearance via counsel |
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Class action
How does ct determine citizenship and amount in controversy in class action? |
Look ONLY to class reps, NOT individual members
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Pretrial adjudication
What is voluntary dismissal? |
P gets to do it once w/o prejudice BEFORE D answers complaint
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Pretrial adjudication
After entry of default, when can P get an actual judgment entered by a clerk? (4) What if clerk can't enter judgment? What can D use as excuse to set aside default? |
D made no response
Claim is for money Claimant gives affidavit of sum owed AND D is NOT incompetent/minor If all four are not met, P must go to ct for judgment Good cause AND viable defense |
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Pretrial adjudication
Explain failure to state a claim What is it called if filed after D's answer? |
D moves to dismiss based ONLY on pleadings
Ct assumes all allegations are true and asks, if P proved it all, would she win or still lose? Motion for judgment on pleadings |
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Pretrial adjudication
What must movant show for summary judgment? |
NO genuine issue of material fact AND entitled to judgment as matter of law
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Trial, judgment, post-trial motions
Rt to jury; 2 aspects What must party do to exercise right? |
ONLY in fed ct and ONLY for cases at law
Ask in writing within 10 days after service |
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Trial, judgment, post-trial motions
What are the two varieties of juror strikes? What quantities? |
For cause, unlimited
Peremptory, 3 and NO gender/race bias |
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Trial, judgment, post-trial motions
Motion for judgment as matter of law, or directed verdict vs Renewed motion for judgment as a matter of law, or JNOV Timing, standard, burden |
MJML:
Brought after last side closes but before jury Reasonable people would NOT disagree on the result Evid in light most favorable to nonmoving party JNOV Brought after jury verdict Reasonable people would NOT disagree on the result Evid in light most favorable to nonmoving party AND MUST HAVE BROUGHT MJML TO GET JNOV |
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Trial, judgment, post-trial motions
Motion for new trial |
Judgment entered, but errors at trial require new trial
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Appellate review
Final judgment rule |
Can ONLY appeal from final judgments, which are ultimate decisions of trial ct on merits of ENTIRE case
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Appellate review
Where/when to file notice of appeal? |
Trial court
Within 30 days of judgment entry |
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Appellate review
Collateral order exception to general ban on interlocutory review (3) |
Issue is:
1 Distinct from merits of case 2 Involves important legal question AND 3 Is unreviewable if parties must await final judgment E.g. claim of immunity from suit |
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Appellate review
If there are multiple issues or parties, what can ct do to allow some appeal? |
Expressly direct entry of final judgment as to some claims or parties
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Appellate review
What aspect of class actions can be reviewed immediately? Where to file? |
Certification, if appealed within 10 days of order
File in ct of appeals |
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Jurisdiction
2-step analysis for personal jurisdiction |
Satisfy long arm statute (CA's broad; anything constitutional is okay)
Satisfy due process |
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Jurisdiction
What about the internet and personal jurisdiction? |
Think interactive vs passive websites
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California
Subject matter jurisdictions distinctions |
Federal: ONLY for diversity and federal question
CA: General subject matter jurisdiction EXCEPT cases that involve exclusive federal jurisdiction like patents and bankruptcy |
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California
Limited vs unlimited civil cases: How to classify? Consequences? |
Limited if amount in controversy is $25,000 OR LESS
Limitations on limited civil cases: NO more than $25,000 in relief NO special demurrers available Discovery limitations like: -ONLY ONE deposition -COMBINED TOTAL of 35 interrogatories, inspection demands, requests for admission -NO supplemental discovery |
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California
How to reclassify un/limited civil case? |
Automatic where P amends complaint in a way that changes amount in controversy
On motion, and only after hearing, if after complaint |
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California
Can court go beyond pleadings to reclassify? |
Yes
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California
Standard to reclassify from unlimited to limited, and vice versa? |
For unlimited to limited, case will necessarily result in verdict $25,000 or less
For limited to unlimited, probability that case will produce $25,000+ verdict |
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California
Effect of multiple claims on classification? |
Aggregate; a case is EITHER limited OR unlimited
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California
General venue rule |
Venus okay in county where ANY D resides, measured when case is filed
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California
Additional venue rules? |
For K cases, venue okay in county where K was entered/performed
For personal injury OR wrongful death cases, venue okay where injury occurred |
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California
Venue and corporations |
Wherever corporation has principal place of business
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California
If Ds are all NONresidents of CA, where is venue? |
Any county in CA
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California
To transfer venue from one county to another, what is timing of motion? |
Before OR with D's responsive pleading
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California
If original venue is proper, court may nevertheless transfer venue IF any of the following... |
Impartial trial cannot be had in original
Convenience of witnesses and ends of justice OR No judge is qualified in original |
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California
Forum non conveniens; CA specific definition; test |
Court must find that dismissal/stay is in the interest of "substantial justice" an action should be heard in forum outside CA
Test is same as fed |
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California
Service of process; substituted service 2-steps |
FIRST try personal service
SECOND, try substituted service IF (4) -At D's abode or mailing address -Left w/competent member of house who is at least 18 (fed, no age requirement) -Person must be informed of contents AND -Process mailed first-class mail, posted prepaid |
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California
Immunity from process if a witness or party in another civil case? |
NO in CA
YES in fed |
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California
What kind of pleading in fed? CA? |
Notice in fed
Fact in CA |
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California
Fact pleading definition |
P must plead ultimate facts for each cause of action
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California
R11 distinctions |
CA: 21 day safe harbor provisions applies to motions by party AND ct sua sponte motions (in fed, only party motions)
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California
What is frivolous litigation law? |
NOT R11
Allows ct to impose expenses, attorneys fees, for frivilous litigation; NO safe harbor at all |
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California
If pleading damages, must P quantify amount? Exceptions |
YES
EXCEPT Personal injury, wrongful death Punitive damages |
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California
How can D request damages in personal injury and wrongful death cases if P doesn't list them in complaint? 3 aspects |
Request stmt of damages
P provides it within 15 days P must serve stmt of damages before she can take a default |
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California
Fictitious Ds; 3 requirements; benefit? |
1 IF P is genuinely unaware of D's identity, name her Doe
2 Allege that identify is unknown 3 State cause of action against unknown D (called charging allegation) Benefit: relation back IF substitute real party within 3 yrs NOT okay in fed ct |
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California
Why verify pleadings? |
To use as affidavits
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California
Timing of D's response after service of process? |
30 days in CA
20 in fed |
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California
What is general demurrer? Can defenses raised in it be raised in answer too? |
Can assert important defense: failure to state facts sufficient to constitute a cause of action (like 12b6)
YES; as affirmative defenses b/c general demurrer is a pleading |
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California
What is a special demurrer? When not available? |
Can assert multiple defenses
NOT available in limited cases |
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California
What defenses is a motion to quash service of summons used for? Timing? How to get denial reviewed? |
-Lack of personal jurisdiction
-Improper process -Improper service of process Must be BEFORE or WITH demurrer or a motion to strike, OR ELSE waived; canNOT be made in answer Reviewed by filing write of mandate with Ct of Appeal within 10 days of denial |
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California
Anti-SLAPP. Definition? What motion to bring? Scope? What can D then do if he succeeds on motion to strike the SLAPP? |
Suits brought to chill valid exercise of free speech and petition (strategic lawsuits against public participation)
Motion to strike ONLY for suits with true public interest value D can sue for malicious prosecution in SLAPP-back suit |
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California
What are the names of the claims that D can bring? |
Cross-complaint, which is name for impleader, cross-claim AND counterclaim
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California
Interrogatories |
CA has form interrogatories
IF party wants to draft specific ones, ONLY 35 Can serve more than 35 IF serve declaration supporting the need for more D can seek protective order |
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California
Procedure for getting a non-party to respond to a request to produce? |
CanNOT serve these on non-parties
INSTEAD, depose and serve subpoena duces tecum |
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California
Supplemental discovery; when available?; why needed? |
UNlimited cases ONLY
Needed b/c in CA, there is NO duty to supplement discovery responses In CA, must propound supplemental discovery TWICE before trial date set, ONCE after (but before trial) |
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California
Work product distinction |
In CA, MUST be produced by attorney or her agent
Not so in fed |
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California
Class action; 2 prelim requirements |
P must show:
-Ascertainable class -"Well-defined community of interest" |
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California
What will court consider to evaluate "well-defined community of interest" |
Do common ?s predominate?
Is class rep adequate? Will class action result in substantial benefit to parties AND ct? |
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California
Other class action distinctions |
NO separate types of classes/scenarios in CA
Ct decides who pays for notice |
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California
Mandatory dismissal IF one of two |
Case not brought to trial within 5 yrs of filing
Process not served within 3 yrs of filing |
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California
Rt to jury in mixed law/equity cases Fed ct? |
Ct hears EQUITY first; THEN law
In fed ct, reversed |
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California
Juror unanimity in CA? |
????
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California
JNOV distinction |
NO need to first more for directed verdict in CA
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California
Standard for ordering new trial due to damages issues? |
Shocks the conscience
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California
Remittitur vs additur; definitions; validity in CA and fed? |
Remittitur where court gives P choice of taking less damages OR getting new trial; okay in CA and fed
Additur where court gives D choice of accepting more damages OR getting new trial; okay in CA but NOT CONSTITUTIONAL in fed (7th amendment) |
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California
Extraordinary writ: definition? 3 requirements? when can party seek review of denial of writ? |
For order not otw appealable, aggrieved party may seek writ of mandate OR writ of prohibition
Requirements: 1 Irreparable harm 2 Normal appeal route is inadequate 3 Beneficial interest in outcome of writ proceeding Party can seek review of denial of writ ONLY FOR denials of writs against forum non conveniens |
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Res judicata and collateral estoppel
Is a case being appealed still eligible for res judicata and collateral estoppel treatment in CA? Fed? |
CA: NO
Fed: Yes |
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Res judicata and collateral estoppel
Res judicata requirements? (3) |
Case 1 and Case 2 brought by same claimant against same D
Case 1 ended in final judgment on merits (NOT merits IF personal jurisdiction, venue OR indispensable party dismissals; BUT default IS on merits) Case 1 and Case 2 asserted same claim (fed/CA distinction is that in fed, same claim means same transaction/occurence; in CA, primary rts theory that treats each cause of action, NOT transaction/occurrence) |
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Res judicata and collateral estoppel
Collateral estoppel requirements? (5) |
Case 1 ended in valid, final judgment on merits
Same issue was litigated in Case 1 Issue was essential to Case 1 Estoppel asserted AGAINST one was was a party in Case 1 Estoppel asserted BY one who was a party in Case 1 (REJECTED by most courts; so NONMUTUAL estoppel is okay in fed and CA) |
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Res judicata and collateral estoppel
Nonmutual defensive vs nonmutual offensive issue preclusion |
Nonmutual defensive if raised by new D (wasn't party to Case 1) against party to Case 1 IF party to Case 1 had opportunity to litigate the issue in Case 1
Nonmutual offensive if raised by new P against party to Case 1 IF party to Case 1 had opportunity to litigate the issue in Case 1 AND: new P could not have joined Case 1 easily AND no inconsistent judgments as to issue |
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Is there a rt to a jury trial? What legal basis? CA distinction?
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7th amendment
Rt to jury trial in fed ct for ANY case over $20 UNLESS pure equity With mixed equity/law, fed ct allows jury to hear law first, then judge hears equity CA: Equity first, then law |
