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46 Cards in this Set
- Front
- Back
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What is the general trial court in Ohio and what is its original jurisdiction
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"The court of common pleas. It has original jurisdiction over all claims in excess of $500, except those against the state (which belong in the court of claims)"
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What are the three divisions of the court of common pleas
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"probate, juvenile, domestic relations"
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What is the jurisdiction of the municipal court
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"It has concurrent jurisdiction with the court of common pleas over claims not in excess of 15k and where either (1) D was served within the court's territory, or (2) the action arose within the municipality territory"
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What kind of diversity must be present when the action is commenced (fed)
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Complete diversity
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When is complete diversity not required (fed)
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Only minimal diversity is required for interpleader
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Where is an individual's citizenship (fed)
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The same as his domicile - permanent home to which he intends to return
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Where is a corp a citizen of (fed)
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"(1) every state in which it is incorporated; (2) the one state in which it has its principal place of business - usually where physical operations are conducted, but sometimes where the ""nerve center"" is located"
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Where is an unincorporated association's citizenship (fed)
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Every state in which a member resides
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When is venue proper in Ohio
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"(1) where D resides, has his principal place of business, or conducted the activity which gave rise to the claim at issue; (2) where the P resides if the action requires out of state service of process, or the action is for divorce or the like and the P has resided in the county for at least 90 days; (3) if the action is against a public official or property, where the official's office or the property is located; (4) if noe of the above applies, where the P resides or regularly conducts business; or (5) if none of the above applies, where the D has property or has an agent for receipt of process."
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When is venue proper in Federal Ct
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"(1) where and D resides, if all reside in the same state or (2) where events giving rise to the claim occurred or property at issue is located. If neither applies, venue is proper where any D is subject to personal jurisdiction at the time the action is commenced"
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What is Ohio's long arm statute comprised of
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"a list of specific acts that give rise to jurisdiction over out of state Ds (e.g. contracting to supply goods or services in Ohio, transacting business in Ohio, having an interest in real property in Ohio, and causing a tortious injury in Ohio)"
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What is the minimum contacts standard
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"D must have purposely availed himself of the privilege of acting within the forum state; he must know or reasonably anticipate that his activities could give rise to a cause of action in the state, or jurisdiction will not exist"
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When is joinder permissive
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"Whenever a claim of, or against a party arises out of the same transaction or occurrence and there is a question of law or fact common to all the parties."
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When is joinder compulsory
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"A party is indispensible if (1) complete relief cannot be given in the absence of the party; (2) disposition in the absence of the party would impair her ability to protect her interest; (3) the absence of the party would expose the existing parties to a substantial risk of double, or inconsistent, obligations."
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When is a claim permissive
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A permissive claim is generally any claim that the D has against the P that does not arise from the same transaction or occurrence as the P's claim. Failure to raise does not result in claim preclusion - D can litigate the claim in a later proceeding
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When is a claim compulsory
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"If D has a claim that arises out of the same transaction or occurrence as the P's claim, the D's claim is usually compulsory. Therefore D must assert it in the current action or D will be precluded from litigating it."
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What happens if a D raises a compulsory claim while the case is pending
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"If D fails to assert a compulsory claim thorugh oversight, escusable neglect, or for other just causes, while the case is pending, the court may grant leave to assert the claim by amendment."
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What is Claim Preclusion and when does it apply
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"Claim preclusion (res judicata) prevents a party from an earlier action from later bringing another claim arising from the same transaction or occurrence that was the subject matter of the earlier action. For it to apply, the first action must have resulted in a final judgment, but evena final judgment form an involuntary dismissal in the first action is usually sufficient. If the plaintiff prevails in an action, all other claims arising from the transaction or occurrence that gave rise to the action are said to merge into the judgment; if the P loses, the other claims are said to be barred by the judgment."
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What are the pleading requirements
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Notice pleading - a complaint need only give the D fair notice of the claims and their supporting grounds. A complaint should only be dismissed in P cannot prove any set of facts that would entitle him to relief.
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What can a responding party do if a compaint or pleading is too vague
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The responding party may move for a more definite statement before responding
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What is a rule 12 pre-answer motion
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"dismissal for lack of jurisdiction, transfer for improper venue, insufficient process or service, failure to state a claim, failure to join a necessary party"
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What is the time limit for answering in Ohio in relation to Rule 12 motions
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"If no Rule 12 pre-answer motion is made, a defendant must answer within 28 days after service. If the Rule 12 motion is made and denied, the D must answer within 14 days after notice of the court's disposition of the motion"
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What is the time limit for answering in Ohio in relation to Rule 12 motions
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"If no Rule 12 pre-answer motion is made, a defendant must answer within 20 days after service. If the Rule 12 motion is made and denied, the D must answer within 10 days after notice of the court's disposition of the motion"
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What is collateral estoppel and when does it apply
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"Collateral Estoppel (issue preclusion) prevents a party from an earlier action from relitigating in a subsequent action issues that were decided in the earlier action. For issue preclusion to apply, (1) the issues must have actually been litigated in the earlier action (default or consent judgment does not give rise to collateral estoppel) AND (2) the issue must have been essential to the judgment. It is easily employed as a shield."
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When is collateral estoppel available as a sword
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Collateral Estoppel is only available for affirmative use (to prove liability) by a nonparty unless: (1) the issue decided in the first case is identical to that in the second; (2) the issue was decided on the merits; (3) the party against whom the judgment is to be used had a fair opportunity to be heard; (4) it would not otherwise be unfair or inequitable to apply collateral estoppel (the earlier case involved a substantial sum)
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What are the jury demand requirements in federal court
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a jury demand must be made within 10 days after the last pleading in which the jury-triable issue arose
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What are the jury demand requirements in ohio court
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a jury demand must be made within 14 days after the last pleading in which the jury-triable issue arose
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How many jurors are there in federal court
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6 to 12 jurors
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How many jurors are there in ohio court
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8 unless the demand requests a lower number and up to 4 alternates
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How many juror challenges are allowed in ohio
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"unlimited for cause, 3 peremptory challenges per party"
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What kind of disclosure is required in federal court
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"Automatic disclosure for many issues - names of persons having discoverable information, copies of relevant documents, a computation of damages, insurance agreements, identity of experts and expected trial witnesses"
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What kind of disclosures are required in ohio court
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None of the automatic federal
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What kind of information is discoverable in ohio
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"Generally, parties may discover any matter not privileged which is relevant to the claim or defense of any party. Even inadmissible evidence is discoverable if it could lead to discovery of admissible evidence. The existence and content of relevant insurance policies are discoverable. An attorney's work product generally is not discoverable unless good cause is shown, and mental impressions and the like of attorneys are never discoverable."
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What are the remedies for noncompliance with discovery
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"If a party refuses to comply with discovery requests, her opponent may move for an order compelling discovery. If the party still refuses, the court may impose sanctions such as: designating certain facts to be taken as true, striking all or part of a pleading, staying the proceeding until there is compliance; dismissing or defaulting the case, and/or requiring payment of reasonable attorney's fees."
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What are the deposition timing and notice requirements
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"In ohio, any party may be deposed once an action is commenced. A party desiring to take a deposition must give reasonable notice in writing to all other parties of the time, place, and deponent. A non-party must be subpoenad to compel attendance. A party may request another party to make admissions or to product documents or things. Such requests must be responded to within 28 days underf the ohio rules (30 days in fed)"
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When may a default judgment be entered against a defending party in Ohio
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"A default judgment may be entered against a party who has failed to: appear, plead, or otherwise defend or obey a court order. The party seeking default must make a motion therefor and serve notice at least 7 (3 in fed) days before the default hearing. A default judgment cannot exceed the recovery sought in the P's complaint."
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What are the requirements for summary judgment
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"Summary judgment will be granted if from the pleadings, affidavits, and discovery materials, it appears that there is no genuine issue of material facts or reasonable minds can only come to one conclusion - in favor of the moving party."
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When can a claimant/defendant move for summary judgment
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"In ohio, a claimant may move at any time after the time permitted for responsive pleadings has expired. D may move at any time."
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When can you move for a directed verdict
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The motion can be made any time before the case goes to the jury for decision
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When is a directed verdict awarded
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"A directed verdict is granted when the evidence, viewed in the light most favorable to the nonmoving party, is such that reasonable persons can come to only one conclusion in favor of the moving party"
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What is JNOV and when can you move for it
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It is just like a directed verdict and is made within 14 (10 fed) days after verdict
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When can a motion for a new trial be made
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"Within 14 (10 fed) days after judgment is entered. A court may grant a motion for new trial for errors made during the trial (e.g. regarding admissibility of evidence or the propriety of jury instructions, for excessive verdicts, etc)"
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When does a motion for relief from judgments have to be made
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The motion must be made within a year of the judgment. Relief for clerical mistakes or the like may be made at any time on motion of a party or on the court's own initiative
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When can you get a relief from judgment
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"Mistake; surprise; excusable neglect; newly discovered evidence that could not have been discovered in time to move for a new trial; fraud; the judgment's being void, satisfied, released, or the like; or for any other reason."
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When must a notice of appeal be filed
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within 30 days after entry of a judgment
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"What final orders may be reviewed, affirmed, modified, or reversed"
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An order that affects substantial rights and in effect determines the action; an order that vacates or sets aside a judgment or grants a new trial; an order that grants or denies a provisional remedy if the order in effect determines the action and prevents judgments in favor of the appealing party with respect to the provisional remedy and the appealing party would not be afforded a meaningful remedy following final judgment on all issues; and an order that determines that an action may or may not be maintained as a class action.
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