Fed Civ Pro

Front 1

2 ways for a federal court to obtain SMJ over a suit?

Back 1

1) Diversity or
2) Arise under federal question

Front 2

EXPLAIN Complete diversity SMJ?

Back 2

P must plead $over $75k and must have complete diversity from any D. If P is from same state as as D then no diversity and must go to state court

Front 3

For determining citizenship for diversity of a human being what is looked at?

Back 3

Primary domicile of party

Front 4

How is domicile determined?

Back 4

At time of suit, primary domicile based on intent and physical presence

Front 5

How to determine corporation's citizenship?
2 ways?

Back 5

1) State of its incorporation and 2) state where it has PPB located (bulk of physical activities)

Front 6

How to determine citizenship for partnerships and LLC's

Back 6

every single member counts as a separae domicile party for diversity

Front 7

What is domicle for legal alien?

Back 7

State they live in

Front 8

Can illegal alien sue another illegal alien in diversity suit

Back 8

HELL NO

Front 9

Can an illegal alien sue a legal alient?

Back 9

YES

Front 10

Can an American citizen domiciled outside the US ever sue or be sued on diversity?

Back 10

NO

Front 11

Explain Supplemental Jurisdiction?

Back 11

Way to attach non-federal question and non-diversity claim to suit in federal court if the original suit is based on a federal questionm and derives from common nucleus of operative facts

Front 12

Explain Removal by Defendant

Back 12

When Plaitniff brings suit in state court, if there is diversity or fed ? basis then D can remove UNLESS D is citizen of that state court then stuck

Front 13

Under Erie doctrine, what is consequence if there is a conflict between rule of Civi procedure, FRE or issue of trial by jury?

Back 13

ALWAYS APPLY FEDERAL LAW

Front 14

Under Erie doctrine, what is resut is conflict between federa and state substantive law?

Back 14

STATE LAW GOVERNS

Front 15

What PJ law will federal court use?

Back 15

Will use the same PJ law in the state where it sits unless there is a federal statute granting PJ

Front 16

2 requriements for proper serivce of process?

Back 16

1 Must be constitutional
2) Need proper method authorized by FRCP

Front 17

5 ways authoritzed for proper service of process

Back 17

1. Abode=Last/usual abode+w/ resident+suitable age/discretion
2. Waiver=Get 60 days instead of 20 to answer if waive in mail
3. Agent=on authorized or managing agent
4. State methods=Borrow any process method of state in which it is sitting
5. Personal Service=In hand or within vicinity of reluctant defendant

Front 18

Biggest difference between IL and FED service of process

Back 18

On abode service need to leave with resident of suitabe age and IL says 13

Front 19

When is service of process consitutional

Back 19

When method used is resonably caluclate to apprise interested parties of litigation

Front 20

What is proper venue mean

Back 20

To be in proper district

Front 21

When is venue proper for a defendant individual? 2 different ways?

Back 21

1)district any D reisdes in as long as all D's reside there or do substantial busienss 2) Any district where substantial part of claim arouse

Front 22

Explain motion to transfer venue

Back 22

Fed ct has discretion to transfer for convenience of parties and witnesses

Front 23

What kind of pleading type if federal courts?

Back 23

NOTICE PLEADING, no facts just any statements that give notice of claim (unlike IL need some facts)

Front 24

What is the exception in fed ct where you have to plead specificity of facts in a complaint

Back 24

FRAUD claim

Front 25

These 3 objections will be waived in for pleaded in answer within 20 days or 60 days of service if waived?

Back 25

PJ
Improper service
challenging venue

Front 26

What is policy on amendments?

Back 26

Liberally given

Front 27

How can party get in claim that is barred by S of L?

Back 27

1) original claims timely filed 2) new claim relates to same T/O of original tomely filed claim

Front 28

How can new party be added when S of L lapsed? 2 requirments

Back 28

i. Claim against new party derives from same T/O as earlier original timely filed claim ii. Brand new party must have acquired knowledge that but for a mistake in name, he would have been sued (knowledge must have been obtained within 120 days of filing earlier complaint)

Front 29

What is a Rule 11 sanction?

Back 29

When discovery rules not followed after telling parties to follow them

Front 30

Can P join as many claims against defendant?

Back 30

Yes under SJ as long as original claim is federal question

Front 31

How does joinder of parties work?

Back 31

Can join as many parties as he wants as long as as the claims involving the additonal parties derive from same T/O or at least the same series of T/O's

Front 32

Explain the Multi-party, Multi-forum Jurisdiction Act for huge accident

Back 32

All persons having a claim arising from a signle accident at a discrete location where at least 75 people have died may all join as P's so long as any P is a citizen of a different state from any D and suit involves 2 different states)

Front 33

What is a countercaim

Back 33

When P sues and D comes back with his own suit against P

Front 34

Explain permissive counterclaimns in fed ct?

Back 34

any claims that P has that are not related to same T/O can be filed or not at a different proceeding

Front 35

Explain compulsory counterclaims

Back 35

Any related T/O claims MUST BE FILED or will be barred res judicata, unlike ILL

Front 36

Explain difference between IL and Fed regarding counterclaims

Back 36

In IL if claim related dont have to bring but in fed it is compulsory to bring or barred resjudicata

Front 37

Explain IMPLEADER

Back 37

When P impleads a claim agaisnt a new party if liable to D or P for all or partial liability

Front 38

Explain 2 different types of Interpleader in fed cts

Back 38

RULE 22=need complete diveristy b/t stakeholder and all claimants

SECTION 1335=Amt in controvery only needs to be $500 AND only need minimla diveristy ( only 1 claimant must be diverse thats it)

Front 39

What is the exception in fed ct where you have to plead specificity of facts in a complaint

Back 39

FRAUD claim

Front 40

These 3 objections will be waived in for pleaded in answer within 20 days or 60 days of service if waived?

Back 40

PJ
Improper service
challenging venue

Front 41

What is policy on amendments?

Back 41

Liberally given

Front 42

How can party get in claim that is barred by S of L?

Back 42

1) original claims timely filed 2) new claim relates to same T/O of original tomely filed claim

Front 43

How can new party be added when S of L lapsed? 2 requirments

Back 43

i. Claim against new party derives from same T/O as earlier original timely filed claim ii. Brand new party must have acquired knowledge that but for a mistake in name, he would have been sued (knowledge must have been obtained within 120 days of filing earlier complaint)

Front 44

Explain SJ to adding claims

Back 44

Can file as many claims against D as long as have federal question for one claim

Front 45

Explain joinder of additional parties

Back 45

P may join as many parties as it wants to so long as the claims involving the additonal parties derive from same T/O or at least the same series of T/O's

Front 46

Expain the special Multi-party, Multi-forum Jurisdiction Act

Back 46

All persons having a claim arising from a signle accident at a discrete location where at least 75 people have died may all join as P's so long as any P is a citizen of a different state from any D and suit involves 2 different states)

Front 47

Explain Permissive counterclaims

Back 47

any claims that are not related to same T/O can be filed or not so at different court)

Front 48

Explain compulsory counterclaims and difference between IL

Back 48

Unlike IL, any related T/O claims MUST be filed or will be x'd) in IL can bring related claims later in separate suit

Front 49

How can P implead a claim against a new party?

Back 49

P impleading a claim agaisnt a new party if liable to D for all or part of same liability to P)

Front 50

Explain 2 different Interpleader statutes

Back 50

Rule 22
i. Complete diversity b/t stakeholder and all claimants
ii. Excess of $75k


Section 1335
i. Amt in controversy need only be $500
ii. Only minimial diversity needed (Only 1 claimant must be diverse from other)

Front 51

Explain indispensible parties

Back 51

(A non-party who cannot be joined as party and whose absence is so prejudicial to existing party's rights to full and fair adjudication that entire action must be xd for failure to join indispensible party)

Front 52

Explain the special class action fairness act rule to get jurisdiction in class action suits

Back 52

there is fed jurisdiction for class actions in which there are 100 or more P's whose amount together equal $5M so long as any P is a citizen of a different state from any defendant)

Front 53

What is the 4 requirments for all class actions

Back 53

1. Commonality (common issues of fact or law pertaining to class)
2. Adequacy (Named P and class counsel must fairly and adequately protect the class)
3. Numerosity(class is so numerous that joinder of them all would be impracticable)
4. Typicality=claims of named P are typical of the class)

Front 54

What are the 2 additional requirments if class action is for money

Back 54

5. Predominace=common issues predominate over individual issues
6. Superiority=Class action device is superior method of adjudicating mutliple claims

Front 55

2 requirments for discovery

Back 55

1) method proper
2) within scope of relevant defense or claim and not privileged

Front 56

4 proper methods of discovery in fed court

Back 56

1. automatic prompt disclosure
2. deps on parties
3. Inter on parties or witnesses
4. On going duty to supplement

Front 57

What are 5 automatic discovery requirments

Back 57

1. all potential supporting W's, 2. all relevant supporting docs, 3. damages computation, 4. insurance coverage, 5. Full reports of testifying experts 90 days before trial, topics of all testifying W's 30 days before trial

Front 58

What is limit on deps?

Back 58

Only used on parties and each side only gets 10 each, each one cannot last longer than 7 hrs

Front 59

Explain ongoing duty to supplement?

Back 59

must update prior disclosures within reasonable time of discovery

Front 60

What is scope of discovery?

Back 60

releavnt to defense or claim and not privileged

Front 61

What is privileged

Back 61

WPD and AC

Front 62

Explain WPD

Back 62

any material prepared in advance for litigation and has mental impressions of attorney is not discoverable But all other forms of WPD are discoverable if showing of substantial need and undue hardship if could not obtain WPD

Front 63

Explain Motion for SJ

Back 63

No genuine issue of material fact and judgment proper as matter of law) (after filed burden transfers to non-moving party)

Front 64

Explain motion for losing party motion for new trial

Back 64

If lose case trial ct has discretion to grant if erros affecting parties substantial trial rights, or verdict was merely agaisnt manifest weight of evidence)

Front 65

Explain how party gets motion for jury at law

Back 65

File written deman wuithin 10 days of service of last pleading which contains or respons to jury triable claim) Only have cons right to law not equity to get trial

Front 66

Explain Res judicata

Back 66

Any claims that either were brought and litigated or could have been brought because they were from same transaction or occurrence are barred from being brought again.
3. Can only be used defensively.
4. If a judgment is for the D on the merits the claim is extinguished and the P is barred from raising the claim again

Front 67

Example of res judicata

Back 67

Case#1= P bring action for damage to his motorcycle and wins
Case#2= P brings action from injury from motorcycle accident but this is barred because he could have brought this action in the first case because arouse from same T/O.

Front 68

What is issue preclusion (collateral estoppel)

Back 68

Regardless of what party actually wins, any ISSUE actually litigated in the suit decides for anything in the future. And any party that tries to re-litigate said issue is estopped from doing so

Front 69

Explain defenses colateral estoppe

Back 69

As of right when Defendant won on issue and new party trying to re-litigate issue then can use judgment as a shield

Front 70

Explain discretionary offenseive collateral estoppel

Back 70

Need 1 of these 3 then can use:1. If P’s could have joined case#1 then ct should deny the use of issue preclusion as offensive
2. If there are conflicting decisions (some going one way and some going other) Just because D loses one judgment should not be able to use it because conflict in the results on that issue
3. If the first suit was just for a tiny amount and D did not put up a big fight because did not foresee another suit and then second suit is asking for $5M.

Front 71

What is jurisdiction of fed appellate courts

Back 71

Only final orders may be appealed and a final order is one leaving nothing left to be done in lower court)

Front 72

2 Exceptions where appellate ct cab review non final order

Back 72

1) Partial Final order (order that resolves some claims agaisnt some parties, may be reviewed right away as long as ower ct finds no just reason to delay its appeal
2) Discretionary appeal of Intelocutroy order if both Dis Ct and App ct certify that
i. Doubt =very close call not sure got it right
ii. Controlling legal issue such that appellate reivew would materially advance litigation

Front 73

Forum selection clauses are valid as long as what 3 things

Back 73

no reasonable basis for choice of forum, no true consent, or law of state selected contrary to public policy

Front 74

what will the name be of the hawthorn league we will bowl in this summer

Back 74

TEAM BECKER

Front 75

what is mike millers favorite pop

Back 75

PEPSI

Front 76

Has luckbuck ever tried to blow himself?

Back 76

YES

Front 77

Was he successful?

Back 77

NO but he made a good attempt2

Front 78

on what date did mike miller make whoppi with sweetcheekies?

Back 78

2nd date