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82 Cards in this Set

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JURISDICTION (SUBJECT MATTER):

When will a federal district court have smj over a suit based on a federal question?
JURISDICTION (SUBJECT MATTER):

By STATUTE, a federal DISTRICT court may hear any case that arises under the CONSTITUTION, LAWS, or TREATIES of the United States.
KEY WORDS:
(1)Statute
(2)Constitution
(3) Laws
(4) Treaties
JURISDICTION (SUBJECT MATTER):

What is pendant (supplemental) jurisdiction?
JURISDICTION (SUBJECT MATTER):

POWER of federal DISTRICT court to HEAR a claim based on STATE law as well as a claim based on FEDERAL question when the two claims "derive from a common NUCLEUS of operative fact."
KEY WORDS:
(1)Power
(2)District
(3)Hear
(4)State
(5)Federal
(6) Nucleus
JURISDICTION (SUBJECT MATTER):

Can a state court hear a claim that is based on federal law? Exception?
JURISDICTION (SUBJECT MATTER):

Yes. The subject matter has been exclusively RESERVED for the federal court, such as copyright, bankruptcy, antitrust, federal securities laws, etc.
KEY WORDS:
(1) Reserved.
DOMICILE:

Define a domicile.
DOMICILE:

A domicile is a place where a person LIVES with the INTENT to make it FIXED or PERMANENT home.
KEY WORDS:
(1) Lives
(2) Intent
(3) Fixed
(4) Permanent
RESIDENCE:

Define a residence.
RESIDENCE:

A place a person OCCUPPIES, but WITHOUT the intent to REMAIN permanently.
KEY WORDS:
(1) Occupies
(2) Without
(3) Remain
DIVERSITY:

What are the requirements to have a civil case tried in fed. district court on the basis of diversity jurisdiction?
DIVERSITY:

(1) No plaintiff is DOMICILED in the SAME state as any defendant.
(2) There is an amount in controversy IN EXCESS of $75,000.
KEY WORDS:
(1) Domiciled
(2) Same
(3) Amount
(4) "In Excess"
(5) $75,000
DIVERSITY:

When MUST there be diversity jurisdiction between the parties?
DIVERSITY:

At the time the case is FILED.
KEY WORDS:
(1) Filed.
DIVERSITY:

When will a federal court not have jurisdiction based on diversity (outside of when factors don't apply)?
DIVERSITY:

Where a party has "IMPROPERLY and COLLUSIVELY" ASSIGNED a claim or JOINED a party to invoke federal jurisdiction.
KEY WORDS:
(1)Improperly
(2) COllusively
(3) Assigned
(4) Joined
DIVERSITY:

Who bears the burden of providing diversity jurisdiction?
DIVERSITY:

The party ASSERTING it.
KEY WORD:
(1) Asserting
DOMICILE:

What is your domicile, if you have left your old one and not yet acquired a new one? Why?
DOMICILE:

The old domicile. Until you ACQUIRE a new domicile, you RETAIN the old one.
KEY WORDS:
(1) Acquire
(2) Retain
DOMICILE:

Where is a corporation domiciled for diversity purposes?
DOMICILE:

In any state where it it is INCORPORATED AND its "PRINCIPAL PLACE OF BUSINESS."
KEY WORDS:
(1) Incorporated
(2) Principal Place of Business.
DOMICILE:

Where is a partnership domiciled, for diversity purposes?
DOMICILE:

Where the GENERAL PARTNERS are DOMICILED.
KEY WORDS:
(1) General
(2) Partners
(3) Domiciled
DOMICILE:

Where is a corporation's PRINCIPAL PLACE OF BUSINESS?
DOMICILE:

(1) Majority of the corporation's PHYSICAL OPERATIONS.

(2) ACTIVTIES of the corporation are CONTROLLED and DIRECTED
.
(3)CENTER of the CORPORATION'S ACTIVITIES.
One of 3 places.
KEY WORDS:
(1) "Physical operations"
(2) Activities
(3) Controlled
(4) Directed
(5) Center
DOMICILE:

For diversity purposes, what is the domicile of the PLAINTIFFS in a class action suit?
DOMICILE:

The DOMICILE of the NAMED MEMBERS of the class.
KEY WORDS:
(1) Domicile
(2) Named
(3) Members
JURISDICTION (PERSONAL):

When will a court have power over an individual, ie. in PERSONAM JURISDICTION?
JURSIDICTION (PERSONAL):

(1) The person is DOMICILED in the stated where the fed. ct. is located;

or
(2) The person is PHYSICALLY PRSENT in a PARTICULAR JURISDICTION, then the court may exercise power;

or
(3) The person CONSENTS to jursidction; or


(4) Person engages in BEHAVIOR that causes the person to fall within the parameters of the LONG ARM statute.
KEY WORDS:
(1) Domiciled
(2) Physically Present
(3) Consent
(4) Behavior
(5) Long Arm
JURISDICTION (PERSONAL):

What is the exception to JURISDICTION when a person is physically present?
JURISDICTION (PERSONAL):

The person was LURED into the jurisdiction under FALSE PRETENSES or COERCISION.
KEY WORDS:
(1) Lured
(2) False Pretenses
(3) Coercision
JURISDICTION (PERSONAL):

When will a plaintiff be able to assert LONG ARM jurisdiction over a defendant?
JURISDICTION (PERSONAL):

If the defendant:

(1) REGULARLY DOES or SOLICITS business within the state;

or
(2) Engages in other PERSISTENT COURSE of conduct in the state;

or
(3) Derives SUBSTANTIAL REVENUE from the goods, foods, services, or manufactured products USED or CONSUMED within the state.
KEY WORDS:
(1) Regularly Does or Solicits
(2) Persistent Course
(3) Substantial Revene
(4) Used or Consumed
JURISDICTION (PERSONAL):

What is the exception to long arm jurisdiction?
JURISDICTION (PERSONAL):

Offending "TRADITIONAL notions of FAIR PLAY and SUBSTANTIAL JUSTICE"
KEY WORDS:
(1) Traditional
(2) Fair Play
(3) Substantial Justice
JURISDICTION (PERSONAL):

What is in rem jurisdiction?
JURISDICTION (PERSONAL):

POWER of a court to ADJUDICATE the RIGHTS that different parties have in a piece of PROPERTY within the TERRITORY controlled by the court.
KEY WORDS:
(1) Power
(2) Adjudicate
(3) Rights
(4) Property
(5) Territory
SERVICE:

Who makes service of process when a case is filed in federal court?
SERVICE:

(1) ANYONE who is (1) not a PARTY; and (2) atleast 18 years old; or

(2) Pursuant to the LAWS of the STATE where the federal court is located OR STATE where service is effected.
KEY WORDS:
(1) Anyone
(2) Party
(3) 18
(4) Laws
(5) State
SERVICE:

Who may accept service of process?
SERVICE:

The DEFENDANT. Also, if made at the defendant's USUAL PLACE OF ABODE it can be accepted by a person of SUITABLE AGE and DISCRETION RESIDING there.
KEY WORDS:
(1) Defendant
(2) Usual Place of Abode
(3) Suitable Age and Discretion
(4) Residing
SERVICE:

Who is IMMUNE from service of process?
SERVICE:

(1) A party is FRADULENTLY LURED into a jursidiction for service;

(1) A party whose SOLE PURPOSE for presence in the jursidiction is APPEARING as a WITNESS OR A PARTY in another action.
KEY WORDS:
(1) Fradulently
(2) Lured
(3) Sole Purpose
(4) Appearing
(5) Witness or Party
VENUE:

What is venue?
VENUE:

The PLACE where the TRIAL actually HAPPENS.
KEY WORDS:
(1) Place
(2) Trial
(3) Happens
VENUE;

If a federal trial, then where must venue occur?
VENUE:

A FEDERAL district court.
KEY WORDS:
(1) Federal
VENUE:

Where is venue proper when a suit is brought in FEDERAL COURT?
VENUE:

(1) Where ANY defendant is DOMICILED if all the defendants are domiciled in the same state.

(2)SUBSTANTIAL PART of the EVENTS or OMISSIONS occurred.

(3) Substantial Part of the PROPERTY AT ISSUE is located.

(4)JUDICIAL DISTRICT where any DEFENDANT is located if no district where action may otherwise be brought.
KEY WORDS:
(1) Any
(2) Domiciled
(3) Substantial Part
(4) Events or Omissions
(5) Property at Issue
(6) Judicial District
VENUE:

What is transfer if venue is proper? If venue is improper?
VENUE:

(1) If venue is proper, transfer allows a party to make a MOTION to have venue CHANGED to a venue where the suit MIGHT HAVE BEEN BROUGHT in order to ACCOMODATE witnesses and parties.

(2) If venue is improper, then the court may transfer the case to to a court where venue would be proper.
KEY WORDS:
(1) Motion
(2) Changed
(3) Might Have Been Brought
(4) Accomodate
VENUE:

If a case is transferred to a different venue, what law applies?
VENUE:

If initial venue was proper, then the law of the ORIGINAL FORUM will apply.

If initial venue was IMPROPER, then the law of the forum to which the case has been TRANSFERRED will apply.
KEY WORDS:
(1) Proper
(2) Improper
(3) Original
(4) Transferred
DIVERSITY:

WHO may remove a case state court to a federal court? Why?
DIVERSITY:

The defendants. The plaintiff cannot do this because the plaintiff chose the place was suit was INITIALLY FILED.
KEY WORDS:
(1) Initially
(2) Filed
DIVERSITY:

UNDER WHAT GENERAL CONDITIONS may a case be removed to federal court?
DIVERSITY:

If the case could have INITALLY BEEN BROUGHT in federal court.
KEY WORDS:
(1) Initially Been Brought
REMOVAL:

What are the two important limitation on defendant's rights of removal?
REMOVAL:

(1) If the BASIS for JURSIDICTION is DIVERSITY of citizenship, the defendant may not remove if the case was brought in the STATE where the defendant is DOMICILED.

(2) A defendant may not remove simply because she has a DEFENSE based on FEDERAL LAW - the claim must be based on federal law.
KEY WORDS:
(1) Basis
(2) Jurisdiction
(3) Diversity
(4) State
(5) Domiciled
(6) Defense
(7) Federal Law
REMOVAL:

If a plaintiff feels that a case has been improperly brought to federal court, what should she file?
REMOVAL:

A Motion to Remand.
KEY WORDS
(1) Motion
REMOVAL:

Where is the ONLY court to which a defendant can remove a case?
REMOVAL:

To a federal court that ENCOMPASSES the AREA where the state court is LOCATED.
KEY WORDS:
(1) Encompasses
(2) Area
(3) Located
REMOVAL:

Can a federal court accept a case via removal even if the state had no smj over the action?
REMOVAL:

Yes.
[Y or N question]
REMOVAL:

What is the procedure for removing a case to federal court? For more than one defendant?
REMOVAL:

FILING a NOTICE of Removal. EACH defendant must file the notice- if one fails to do this within 30 days, it can ruin removal for the rest.
KEY WORDS:
(1) Filing
(2) Notice
(3) Each
(4) 30
REMOVAL:

What can a plaintiff do if she objects to the removal of a case to federal court?
REMOVAL:

FILE a MOTION to remand.
KEY WORDS:
(1) File
(2) Motion
ERIE:

What is the ERIE doctrine?
ERIE:

A federal court that has jurisdiction based on DIVERSITY, must apply the SUBSTANTIVE law of the STATE in which it SITS. With regard to procedure, the federal court is REQUIRED to apply FEDERAL PROCEDURAL LAW.
KEY WORDS:
(1) Diversity
(2) Substative
(3) State
(4) Federal
ERIE:

How do you determine whether a law is substantive or procedural?
ERIE:

If the law is OUTCOME DETERMINATIVE, then it is substantive.
KEY WORDS:
(1) Outcome Determinative
TEMPORARY RESTRAINING ORDER:

(!) What is a TRO?

(2) How long does it last?

(3) How is it granted?

(4) Under what standards will courts issue?
TEMPORARY RESTRAINING ORDER:

(1) An injunction granted WITHOUT a FULL AND FAIR ADVERSARIAL HEARING on whether it should be issued.

(2) It is usually brief.

(3) It is granted EX PARTE.

(4) The court will issue if it CLEARLY APPEARS that SUBSTANTIAL and IRREPARABLE HARM will result BEFORE a full adversarial hearing can be held.
KEY WORDS:
(1) Without
(2) Full and Fair Adversarial Hearing
(3) Clearly Appears
(4) Substantial and Irreparable Harm
TEMPORARY RESTRAINNG ORDER:

(1) What must a party SHOW to be granted a TRO?

(2) How long will the TRO remain in place?
TEMPORARY RESTRAINNG ORDER:

(1) Affidavits containing specific facts to support their request.

(2) The TRO will remain until a FULL HEARING on the propriety on a PRELIM or FINAL injunction.
KEY WORDS:
(1) Affidavits
(2) Full Hearing
(3) Prelim
(4) Final
TEMPORARY RESTRAINNG ORDER:

(1) What must a party DO (not show) before a court will grant a TRO?

(2) How is this calculated?
TEMPORARY RESTRAINNG ORDER:

(1) File a BOND with the court.

(2) The AMOUNT will depend on the amount of damages to which an enjoined party may be entitled as a result of the injunction.
KEY WORDS:
(1) Bond
(2) Amount
(3) Entitled
PRELIMINARY INJUNCTION:

(1) What is a prelim injunction and when will a court issue?

(2) How long will it remain in place?
PRELIMINARY INJUNCTION:

(1) An injunction granted AFTER an opportunity for a FULL AND FAIR ADVERSARIAL HEARING on the proprierty of issuing the injunction, but BEFORE A FINAL determination on the merits.

(2) It will remain until a court decides where to issue a permanent injunction.
KEY WORDS:
(1) After
(2) Full and Fair Adversarial Hearing
(3) Before a Final Determination
PRELIMINARY INJUNCTION:

(1) What is a permanent injunction?

(2) When will it be granted?
PRELIMINARY INJUNCTION:

(1) An ORDER of the court that MANDATES OR PROHIBITS a party from ENGAGING in a specified act.

(2) Such an injunction will be granted after the court has a made a FINAL DETERMINATION of the MERITS of the action.
KEY WORDS:
(1) Order
(2) Mandates or Prohibits
(3) Engaging
(4) Final Determination
(5) Merits
DEFENSES:

What defenses may a defendant raise in a PRE-ANSWER motion under Rule 12(b) of the Federal Rules of Civil Procedure?
DEFENSES:

(i) lack of SMJ
(ii) lack of PJ
(iii) improper VENUE
(iv) insufficient PROCESS
(v) insufficient SERVICE of process
(vi) FAILURE to state a claim upon which relief can be granted
(vii) failure to JOIN an indispensable party
7 defenses.
(1) SMJ
(2) PJ
(3) Venue
(4) Process
(5) Service
(6) Failure
(7) Join
DEFENSES:

Which defense(s) may be raised at anytime?
DEFENES:

Lack of smj
[1 defense]
DEFENSES:

(1) Which defenses may be raised in a pre-answer motion OR in the answer only?

(2) What happens if they are not raised at the proper time?
DEFENSES

(1)
-Lack of PJ
-Improper Venue
-Insufficient Process
-Insufficient Service

(2) If not raised at the proper time, these defenses are waived.
KEY WORDS:
(1) PJ
(2) SMJ
(2) Venue
(5) Process
(6) Service of Process
MOTION PRACTICE:

(1) Under what circumstances should a party file a MOTION FOR A MORE DEFINITE STATEMENT?

(2) When, timewise, is this?
MOTION PRACTICE:

(1) If the PLEADING received is so VAGUE or AMBIGUOUS that she cannot REASONABLY FRAME an ANSWER to it.

(2) A party may file such a motion UNTIL the time she has to FILE her ANSWER.
KEY WORDS:
(1) Pleading
(2) Vague/ Ambiguous
(3) Reasonably Frame
(4) Answer
MOTIONS PRACTICE:

When should a party file a MOTION TO STRIKE?
MOTIONS PRACTICE:

If the opposing party's pleadings contain REDUNDANT, IMMATERIAL, IMPERTINENT, or SCANDALOUS material?
Key Words:
(1) Redundant
(2) Immaterial
(3) Impertinent
(4) Scandalous
ABSTENTION:

What does the doctrine of abstention hold?
ABSTAIN:

A federal court will ABSTAIN from PASSING on the CONSTITUTIONALITY of a STATE law until the courts of that STATE have had an OPPORTUNITY to decide the question themselves.
KEY WORDS:
(1) Abstain
(2) Passing
(3) Constitutionality
(4) State
(5) Opportunity
ABSTENTION:

Is there a constitutional basis for the abstention doctrine?
ABSTENTION:

No, but it is an INFORMAL rule obeyed by all federal courts.
KEY WORDS:
(1) Informal
ABSTENTION (YOUNGER):

What is Younger Abstention?
ABSTATIN (YOUNGER):

The rule that a federal court may not ENJOIN a CRIMINAL PROSECUTION PENDING in STATE court.
KEY WORDS:
(1) enjoin
(2) criminal
(3) prosecution
(4) pending
(5) state
JOINDER (MANDATORY):

Generally, when MUST a party be joined in a lawsuit?
JOINDER (MANDATORY):

If the third person is an "INDISPENSABLE PARTY."
KEY WORDS:
(1) Indispensable
(2) Party
JOINDER (MANDATORY):

What constitutes an indispensable party for the purposes of joinder?
JOINDER (MANDATORY):

A person, without which:
(1) COMPLETE RELIEF could not be accorded among those who are already parties.


(2) DISPOSITION of the action could IMPAIR the person's ABILITY to PROTECT a CLAIMED INTEREST relating to the subject of the action.


(3) Could leave persons who are already parties to the suit subject to a substantial RISK of incurring multiple or inconsistent OBLIGATIONS.
KEY WORDS:
(1) Complete Relief
(2) Claimed Interest
(3) Multiple & Inconsistent Obligations
JOINDER (PERMISSIVE):

When MAY (permissive joinder) a party be joined in a lawsuit?
JOINDER (PERMISSIVE):

(1) the parties assert a right to relief JOINTLY& SEVERALLY;

OR
(2) a right is AT ISSUE arising out of the SAME, occurrence, or series thereof;

AND
(3) there is a common question of law or fact to all parties.
KEY WORDS:
(1) Jointly & severally
(2) Arising out of the same
(3) Common question
JOINDER:

What should a federal court do if a joinder of a party would destroy diversity?
JOINDER:

If joinder is MANDATORY, fed. court will dismiss the case IF there is a forum where all parties can be joined AND jurisdiction would be proper.

If joinder is PERMISSIVE, court is required to dismiss.
KEY WORDS:
(1) Dismiss
(2) If
(3) And
IMPLEADER:

Under what circumstances does impleader arise?
IMPLEADER:

If the DEFENDANT beleives that he should not be SOLELY responsible for paying damages, then he may IMPLEAD a THIRD PARTY to share the burden.
KEY WORDS:
(1) Defendant
(2) Solely
(3) Implead
(4) Third Party
IMPLEADER:

Under what circumstances can the plaintiff implead a third party?
IMPLEADER:

If the defendant has COUNTER-CLAIMED.
KEY WORDS:
(1) Counter-claimed
IMPLEADER:

Does the fact that an IMPLEADED defendant is a resident of the same state as the plaintiff destroy diversity?
IMPLEADER:

NO.
[Y or N]
INTERPLEADER (FRCP 22):

(1) What is an action for Interpleader under the Federal Rules of Civil Procedure 22?

(2) What does it entail?
INTERPLEADER (FRCP 22):

(1) An action brought by a party ("stakeholder") who is in CONTROL of money or property when entitlement to that property is SOUGHT BY TWO OR more persons ("the claimants").

(2) Complete diversity between the claimants and stakeholder, + the requisite amount in controversy (more than $75,000) or a federal question.
KEY WORDS:
(1) Stakeholder
(2) Claimant
(3) Control
INTERPLEADER (FIS):

What are the jurisdictional requirements under the Federal Interpleader Statute (aka "statutory interpleader")?
INTERPLEADER (FIS):

At least $500 is at stake + diversity between any two claimants (complete diversity not required).
KEY WORDS:
(1) Diversity
(2) Any
(3) $500
INTERPLEADER:

What is the difference in require,ments for Interpleader under FRCP and Fed Interpelader Statute?
INTERPLEADER:

- Under the Fed. Interpl. Stat: the STAKEHOLDER has to PAY the AMOUNT in CONTROVERSY to the court clerk while the action is pending or post a bond covering that amount vs.

- No such requirements under Rule 22.

- Also, under the Fed. Intp. Statute, service of process can be made ANYHWERE in the US .

- Rule 22: service must be made in accordance with the laws of the jurisdiction where the actionis filed.
KEY WORDS:
(1) Pay
(2) Amount
(3) Controversy
(4) Anywhere
INTERVENTION (AS A MATTER OF RIGHT):

When does a party have the right to intervene in an action?
INTERVENTION (AS A MATTER OF RIGHT):

(#2 of Mandatory Joinder): If he has an INTEREST relating to the PROPERTY or the TRANSACTION that is the SUBJECT of the suit AND disposition of the suit will IMPAIR his ability to protect his interest.
KEY WORDS:
(1) Property
(2) Transaction
(3) Subject
(4) Impair
INTERVENTION (PERMISSIVE):

(1) When must a party seek permission from the court to intervene?

(2) What must the party first do?

(3) How may existing parties respond?
INTERVENTION (PERMISSIVE):

(1) (#3 of mandatory joinder): If that person's claim or defense has a question of LAW OR FACT in COMMON with the action.

(2) A party must TIMELY get PERMISSION from the court .

(3) Existing parties are permitted to file opposition.
KEY WORDS:
(1) Law or Fact
(2) Common
(3) Timely
(4) Permission
INTERVEER:

What is intervention?
INTERVEER:

A process by which one person or entity can make THEMSELF a party to an action, whether the other parties like it or not.
KEY WORDS:
(1) Themself
MISCELLANEOUS (CLASS ACTION):


What are the requirements for certifying a class?
MISCELLANEOUS (CLASS ACTION):

(1) The named parties FAIRLY AND ADEQUATELY represent the class.

(2) There are questions of law or fact COMMON to the class.

(3) Claims or defenses of the representative parties are TYPICAL of the claims or defenses of the class.

(4) The class is so NUMEROUS that joinder of all members is impracticable.
FACT-N.
DISCOVERY:

What is discoverable?
DISCOVERY:

ANY matters that are not PRIVILEGED buy RELEVANT to the proceedings.
KEY WORDS:
(1) Any
(2) Privileged
(3) Relevant
DISCOVERY:

How can discovery be obtained?
DSCOVERY:

(1) Interrogatories
(2) REQUESTS FOR ADMISSIONS
(3) Oral depositions
(4) Physical and mental examination of the witness
(5) Requests for production of physical evidence.
5 ways - think of work.
DISCOVERY (DEPOSITION):

For what purposes can a party use a deposition?
DISCOVERY (DEPOSITION):

(1) As SUBSTANTIVE and IMPEACHMENT evidence at trial if the witness has DISAPPEARED, DIED, FALLEN ILL, or RESIDES more than 100 miles from the courthouse.

(2) To impeach the deponent's TESTIMONY.

(3) As substantive OR impeachment evidence if the DEPONENT is an ADVERSE party.
KEY WORDS:
(1) Substantive
(2) Impeachment
(3) Testimony
(4) Deponent
(5) Adverse
DISCOVERY (PRIVILEGE):

What is attorney work product?
DISCOVERY (PRIVILEGE):

Material that is PREPARED or SECURED by an attorney in the COURE OF PREPARATION for possible litigation.
KEY WORDS:
(1) Prepared
(2) Secured
(3) Course of Preparation
DISCOVERY (PRIVILEGE):

(1) What is the general rule for the discoverability of attorney work product?

(2) What is the exception?
DISCOVERY (PRIVILEGE):

(1) Attorney work product is NOT discoverable by opposing counsel.

(2) Except if opposing counsel demonstrates SUBSTANTIAL NEED and that he is unable to obtain materials that are SUBSTANTIAL EQUIVALENT without UNDUE HARDSHIP.
KEY WORDS:
(1) Not
(2) Substantial Need
(3) Substantially Equivalent
(4) Undue Hardship
MOTION PRACTICE:

What is a protective order?
MOTION PRACTICE:

An order from the court which LIMITS the SCOPE of the OPPOSING party's DISCOVERY.
KEY WORDS:
(1) Limits
(2) Scope
(3) Opposing
(4) Discovery
MOTION PRACTICE:

When will a court issue a protective order?
MOTION PRACTICE:

If JUSTICE requires it to protect a party from ANNOYANCE, EMBARRASSMENT, OPPRESSION, or UNDUE BURDEN or EXPENSE.
A, E, O, U (not I, but J)
MOTIONS PRACTICE:

What should be done if the opposing party resists discovery?
MOTIONS PRACITCE:

If the opposing party resists, the PROPONENT should file a MOTION FOR AN ORDER TO COMPEL DISCOVERY. If the court grants this order, the opposing party must produce the information or face SANCTIONS.
KEY WORDS:
(1) Opponent
(2) Motion for Order to Compel
(3) Sanctions
MOTIONS PRACTICE:

What kind of relief can a court provide in its Protective Order?
MOTIONS PRATICE:


The court can order:
(1) NO discovery at all
(2) SPECIFIED TERMS and METHODS for discovery
(3) CERTAIN MATTERS cannot be inquired into
(4) CERTAIN PERSONS attend discovery
(5) DEPOSITION be SEALED and openedtherafter only by order of the court
(6) TRADE SECRET or other CONFIDENTIAL INFORMATION not be DISCOLOSED or disclosed in a DESIGNATED way.
KEY WORDS
(1) No
(2) Specified terms or methods
(3) Certain matters
(4) Certain persons
(5) Deposition sealed
(6) Trade Secret/ Confidential Information
MOTIONS PRACTICE:

What must a party show to secure an order granting summary judgment? What is the timing on this for plaintiffs and defendants?
MOTIONS PRACTICE:

(1)No genuine dispute exists as to a MATERIAL FACT; and
(2)The moving party is entitled to judgment as a MATTER OF LAW.

*The plaintiff may first file 20 days after filing suit. The defendant may file at anytime.
Two steps
(1) Material Fact
(3) Matter of Law
MOTION PRACTICE:

What is the best way to defeat a Motion for Summary Judgment?
MOTION PRACTICE:

Produce an AFFIDAVIT establishing MATERIAL FACTS about which there is a GENUINE DISPUTE between the parties.
KEY WORDS:
(1) Affidavit
(2) Material Facts
(3) Genuine Dispute
MOTION PRACTICE:

(1) What is a Motion for Judgment as a Matter of Law?

(2) When should this be filed?

(3) Who can make the motion?

(4) What is the standard?
(1) A REQUEST by one of the parties that the judge RULE in his FAVOR on a particular ISSUE.

(2) This should be filed BEFORE the case is submitted to the JURY.

(3)Either party can make the motion.

(4) The standard is that reasonable persons would rule in the movant's favor when viewing the evidence in the light most favorable to the non-moving party.
KEY WORDS:
(1) Request
(2) Rule
(3) Issue
(4) Before
(5) Jury
MOTION PRACTICE:

When can a Renewed Motion for Judgment as a matter of law be made?
MOTION PRACTICE:

Within 10 days after entry of the JUDGMENT.
KEY WORDS:
(1) 10
(2) Judgment
MOTION PRACTICE:

Is a Renewed Motion for Judgment for a motion as a matter of law available for bench trials?
MOTION PRACTICE:

No.
[Y or N].
What are the two pre-conditions to a renewed motion for judgment as a matter of law?
MOTION FOR JUDGMENT AS A MATTER OF LAW was made at the CLOSE of all the EVIDENCE and ONLY on the GROUNDS ADVANCED in support of the earlier motion.
(1) Motion for Judgment as a Matter of Law
(2) Evidence
(3) Only
(4) Grounds
(5) Advanced
RES JUDICIATA:

(1) What is res judicata?

(2) What are the requirements?
RES JUDICATA:

(1) The rule that if a court decides an issue ON THE MERITS, that issue cannot be relitigated in any court, in any jurisdiction.

(2) Res judiciate requires that the parties are the same.
KEY WORDS:
(1) On the merits
COLLATERAL ESTOPPEL:

(1) What is collateral estoppel?

(2) How can this be applied?
COLLATERAL ESTOPPEL:

(1) Once a court has decided an issue of fact or law necessary to its judgment, that decision may preclude relitigation of the issue in a suit on a different cause of action involving a party to the first case. (e.g. Tobacco companies)

(2) This can be applied offensively and defensively.
KEY WORDS:
(1) Of fact
(2) Valid
(3) Judgment
(4) Offensively/ defensively
DEFENSES:

Which defenses may be raised in all pleadings and at the trial, but not thereafter?
(1) Failure to state a claim upon which relief can be granted.

(2) Failure to join an indispensable party.
2 defenses "failure"