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18 Cards in this Set

  • Front
  • Back
  • 3rd side (hint)
What does the Erie Doctrine say?
1) look to see if there is a federal rule, if not then
2) Apply state law if Diversity case, and
3) Distinguish procedural against substantive (outcome determinative, forum shopping, balance)
What is impleader?
Governed by 14(a).
-defending party joined by someone that contributed to the claim. (Ex: 2 D's beat up 1 P, P only sues 1, so D impleads other 1)
-assess SMJ of party
Starts with I than Joins someone new
What is intervention?
Rule 24
Choose which side to come in on
-Intervention of Right
*interest harmed if not brought in
-Permissive Intervention
*show at least one common question, don't have to let you in.
-Look at SMJ
Starts with I than Joins someone new.
What is the difference between Substantive and Procedural?
Substantive is outcome determinative, are the elements of a claim or defense, Avoids forum shopping, and balance the interests
What are the applicable rules for Discovery?
26 (a) (b), 30, 31, 33, 34, 35, 37
Rule 26 (a) (b)
26 (a)-General Provisions, Initial Disclosures, Exceptions, Experts, Pretrail Required Disclosure
26 (b) Discovery Scope and Limits: anything relevant to claim or defense, may limit if discovery is unreasonable.
-Work Product-obtain docs assembled in anticipation of trial if substantial need. Materials in prep for litigation are IMMUNE.
Rule 30 and 31
Depositions: Sworn oral testimony under oath, can depose a 3rd party with subpoena, 30 days to oppose or sign
Rule 33
Interrogatories: Written questions under oath. Served on parties only, 25 question max.
Rule 34
Request to produce: Specify time and place to inspect property or documents.
Rule 36
Request for Admission: Sent only to parties, failure to deny is an admission
Rule 37
Failure to Make Disclosure or Cooperate in Discovery: can compel party to answer, get a court to make disclose.
Rule 12 (b) 6
Motion to Dismiss based on pleadings for Failure to State a claim upon which relief can be granted.
-only looks at complaint
-aimed at sloppy pleading, usually dismissed for amendment.
Rule 56
Summary Judgment: No dispute of material issue or fact.
-look at affidavits
-Never allow Summary judgment if there is a dispute on facts
Moving party entitled to judgment as a matter of law.
Applicable Rules for Joinder?
12 (b) 7, 13, 14, 18, 19, 20, 42
Joinder of Claim for Plaintiff
18: P can raise and join any claims against D.
-Must have SMJ
D can sever with 42 (prejudice)
-must be out of same T/O
-if don't join the claim lose it.
Joining CLAIMS for the Defendant
13: Compulsory Counter-claim
-Same T/O against plaintiff
Permissive Counter-claim
-Not same T/O
-Same T/O against another Defendant.
Need SMJ
Rules for Joinder of Parties (FRCP and actual)
1) Must have a Rule
2) Need PJ
3) Proper Service of Process

13 (h), 14, 19, 20
13 (h)
Rule 14
Impleader: person wholly or partially liable to plaintiff, D brings them in
-PJ and SMJ already exist
-Proper Service of process
Joinder of Parties