Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/92

Click to flip

92 Cards in this Set

  • Front
  • Back
Is SMJ ever waived or can it be consented to?
NO SMJ objection can be brought up later and ct can even bring up sua sponte
What kind of actions does IL Circuit cts have SMJ over?
all types of actions unless exclusive somewhere else (fed ? only) (BK)
wHAT TYPES of actions does IL appellate cts have jurisdiction over?
only final orders of appeal and always have 1 appeal as of right
Can appelllate ct ever review statute declared unconstituional by circuit ct?
NO only Supreme Ct can
2 exceptions where appellate ct can review non final order in circuit court
1)Partial final order=when many claims and parties in circuit court and one of these parties or claims gets decided then an be appealed in judge finds no just reason to delay enforcement or appeal 2) Significant Orders=Order entered in middle of litigation but is very significant (class certification) , if there is doubt on controlling issue that appellate review would materially advance litigation
What does supreme ct have jurisdiction over
1) disceretionary of appellate cases, 2) governor's vacancies, legislation redistricting,3) Must review any order declaring state statute unconstituional
2 requirments for PJ in IL?
1) IL law allows
2) Constitutional
4 proper laws to get PJ?
1. Consent
2. Presence
3. Long arm statute
4. Domicile
2 types of consent and explain each?
1.eXPRESSED= words, agent, forum selection clause
2)Implied=failure to object in first response
3 types of Presence for PJ General jurisdcition and explain each one?
1)Actual voluntary physical presence with no trickery
2) Domicile (intent and physical )
3)Dooooing Business (need not be related, but solicitation not enough)4. Domicile
Describe 5 main ways under LAS to get PJ?
LIMIT
Land if related to suit
I=njury from D's tort
M=atrimony (any act that gives rise to separation or divorce
I=nsurance k if risk located in IL and related to suit
T=ransaction of single business relating to suit
Explain what it means for PJ to be constituional?
Must have some MC and fairness, purposeful availment and reasonable anticipation of being sued in IL
What 2 parties can serve process?
1) sheriff. deputy, coroner or 2) any non-party over 18 authoritzed by court
What is the time frame that a Process Server must serve process?
no exact time frame just must use reasonable diligence in effectuating process
When is there a time frame for Service of Process
If summons then will expire in 30 days so will need to go back to court and ask for more time
What are 2 requirments to serve process:
1) IL law allows and 2) must be constitutional
3 ways IL law allows service on individual ?
1) Personal service of in hand delivery or in wingspan if reluctant
2) Abode Service of Last abode+ 13 household member+inform them+ mail copy to abode
3) Waiver =D gets extra 60 days to respond if agrees to waive Service of process in mail
2 Ways to serve corporation
1) on authoritzed agent
2) qualified agent who appreciates need to transmit process to responsible persons usually if have college degree then works
3 ways to serve Partnership
1) serve agent if have one
2)Serve any GP
Exception to get service on other GP's with no personal service
After serving 1 GP, then can mail process to other GP's and as long as they have connection to IL they are considered served by residence in IL or coneection to suit being in IL
When can service be by publication (1 situation(
Only if action involves D's property and it is located in IL
a) must file affidavit swearing either after due inquiry D could not be served or D is outside IL b) Mail copy of process to D's last known address if known 3)Publish once a week for 3 weeks in a row in paper circulating where action pending
How is service of process constituional?
If reasonably calculated to apprise interested parties of litigation thats all
What is venue
Proper county of Il to bring suit in (rolling meadows or Waukegan)
WHat is the general rule for proper venue on a person in IL?
any county D resides in or any county claim arouse in An
What is general rule for proper venue for entities (Coprs and partnerships)
Any county where entity doooooooing business, have any type of office, or where partner resides
Where is the only place proper venue for governmenta entities?
Where prinicpal office is
Where is venue proper if D does not live in IL?
ANY COUNTY (go nuts)
If there is a libel action what county is venue proper?
Where any D resides or where article was written
When Insurance Comp is defendant where is venue proper? (3 choices) NICE!!
Where D resides
Where P resides
Where COA arouse
wHEN A REAL property action is involved what is the only county venue is proper
county WHere propery located
3 types of motions regarding transferring venue or dismissing case because of venue?
1) Motion to transfer
2) Motion to change (transfer)
3) Doctrine of forum non conveniens
What is motion to transfer and when used?
WHEN VENUE IS IMPROPER THEN BRING THIS TO TRANSFER TO PROPER VENUE (must be filed in 1st response)
What is motion to CHANGE venue and when used? (A time to kill)
Venue is proper but prejudice in this venue so want to transfer to different venue Requirments: i) affidavit fearing prejudice ii) must be brought before substantial issue resolved iii) 2 affidavits from 2 residents of that county
When is doctrine of forum non conviens used and what is it
Used when venue proper but movant trying to xd case because venue is Very grossly inconvient. Usually when D or witnesses are out of county. But if judge grants which is discretionary then D must agree to waive objection he might have to PJ or S of L if P refiles within 6 monts
3 types of pleadings
1) complaint
2) answers
3) amendments
What kind of pleading jurisiction is IL?
Liberal Fact meaning need facts to back up instead of just notice but facts can be liberal but cannot be inconsistent
wHAT IS A verified complaint?
It is sworn by someone with personal knowledge and they are not require but if you choose to use this then all pleadings from here on out must be verified
When a complaint is based on an instrument what is the requiements?
The complaint MUST have copy of instrument (k) attached as exhibit or will be insufficinet
What is procedure if P wants to claim punitive damages?
Cannot include in complaint and must ask for hearing and convice ct that need them, if ct agrees they will allow you to amend
When are you allowed trial by jury
Only if money damages never for equity
When defendant is served compalint what must he do in responding to it?
1) admit
2) deny
3) claim insufficinet information and file affidavit that after inquiry dont know answer
wHAT IS an affirmative defense
When admit complaint as correct but have a defense to it (self defense)
If D has an affirmative defense when must he plead it
In answer or WAIVES IT
When must D demand trial by jury if he wants one and P has not asked for on?
Must demand in answer or waives
What is the IL cts policy on granting amendments?
Liberally granted on just and reasonable terms
When do you get it as right?
Before D has answered or must ask for leave
wHEN CAN You add new claim that has been barred by S of L?
1) original claim must have been timely filed and 2) new claims must arise out of original claim
When can you add new party when S of L has run? 4requirements KISS
K=nowledge by New D of claim and knowledge of Identity of named party mistake so no prejudice to new D

I=dentity of named party was a mistake

S=ervice of process time frame is time for brand new D to acquire knowledge of claim and mistake New D party acquired knowledge of claim and mistake within period of reasonable diligence for S of P

S=ameness=Claim against new D must derive from same T/O as original timley filed compalint
What is S of L for torts?
2 YRS from discovery of when should have discovered
How to extend S of L?
If P under disability or under 18 then get 2 yrs when disability removed or become 18
What is Il policy on joiner?
Very liberal and permissive
2 types of joinder
1) Claims
2) Parties
What is joinder
P Bringing in new claims and parties to suit
What is IL rule on P joining new claims?
Can join as many claims as he wants against the D even if they are not related to the original T/O against the D (JACKPOT) (suing D for fraud can also bring in criminal conversation action) But unlike Feds if don't feel ike brining in permissive related claim can bring in separate action
Is there compulsory joinder in IL?
NO can bring related D claim in separate claim or in this action whatever u want
What is rule on joining new parties to suit?
Can only bring in new D's iof related to same T/O
What is impleader and how does it work?
When D wants to bring in new D because also liable for all or part of subject matter of suit
What is interpleader and how does it work
When Insurance company (claimant) has a common fuind and there are rival claimiants saying the money is there's then can interplead the money with the court and let the court and the rival claimANTS battle it out in court (see ya wouildnt want to be ya)
What is intervention and how does rule work?
When non-party wants to intervene and join on going litigation
2 types of intervetion?
1) As of right = A) non-party's interest adversely affected by suit
and B)not protected by existing parties
2) Permissive= A) commonality of issues b/t
B)those in suit and those affecting intervenor
What is a class action?
Action in which named P represents class of commonly situated absent P's
What are 3 requiemenets for a class action?
i. Certification must be granted by J
ii. J must order notice in all class actions reasonably calculated to apprive interested class members of lit
iii. J must approve any settlement of the class action
5 requirements for certification? NAACP
i. Numerosity=class is so numerous that joinder of all impacticable (need more than 40 to meet this)
ii. Aduquacy=Named P+class lawyer must failry+adequately protect class
iii. Appropriateness =CA devise is appropriate method of adjudicating multiple claims
iv. Commonality=common issues of fact or law pertaining to class
v. Predominance=Common issue must predominate over individual issues
2 requirments for discovering
1) one of 5 proper methods
2) within scope of claim or defense
5 methods of discovery
1) Interr
2) Deps
3) Automatic disclosure
4) Pre tiral disclosure of testifying lay w or expert w
5) Ongoing duty to supplement
When is automatic disclosure automatci
Only if suit is $50k or less
If automatic disclosure is applicable that 5 things must be disclosed automatically
i. All relevant legal docs, ii. Potential W's, iii. Computation of damages, iv. Ins coverage, v. Factual+legal basis for claims+defenses).
What is dep and who can it be served on?
Sitting down and talking to party and transcribing ONLY ON PARTIES, never on witnesses
2 types of deps and explain differences
1) Discovery Dep= all presumed and can only be used in ct to impeach or as admission if W unavailable
Time limit of discovery dep and evidence dep
Discovery=3 hr
Evidence=no time limit
What is evidnece dep limits?
1) no time limit 2) canbe used at trial doe anything if W unavailable or is healthcare worker 3)MUST BE DESIGNATED EVIDENCE DEP or will be discovery dep
3 types of witnesses that must be disclosed pre trial in automatic disclosure
1) controlled expert (retained by party)
2) Independent experts (cop/dr)
3) Lay W's
What must be disclosed about Controlled experts?
must disclose qualifications and full report of opinions)
What must be disclosed about indepednent witnesses?
just topics of testimony+summary of expected opinions-no qualifications)
What must be disclosed about lay witnesses
all topics of expected testimony within 28 days)
What is the on going duty to supplement for all discovery?
all topics of expected testimony within 28 days)
What is an interrogatory and who can it be served on
Q and A, can be on any parties or witnesses
what is discoverable scope?
ANything relevant and not privileged
What is privileged?
A-C and WPD
What is WPD?
mental impressions of attorney which includes thoughts, strategies, atc. All other types freely discoverable and not privileged unlike fed cts
Explain motion to substitute for new judge?
Every party has 1 automatic right without cause to ask for new judge before judge has ruled on any substantial merits but not if just discovery squabble
Explain P's motion for voluntary dismissal without prejudice when P fucks up discovery
P has absolute right once before hearing on merits unless D filed counterclaim, and P may refile action up to limits of S of L, or within 1 yr of the voluntary dismissal
Explain Defendant's 2-615 motion attacking P's complaint
facial attack on complaint)=Comes before answer or waived, (MTD for failure to state COA, or allegation insufficinet)
Explain D's 2-619 motion to dismiss complaint
File in answer or before. Attacks complaint on affirmative matter outside complaint (S of L ran)
Explain for SJ before trial
No issue of material fact so judgment matter of law (both say red light)
(If affidavit filed with no personal knowledge of particuliary will be struck)
Explain Motion for Directed Verdict and Renewed Motion for judgment as a matter of law
1) In middle of trial after adversary rests ask for Motion for directed verdict if evidence favors moving party overwhelmingly but cannot ask for this motion until close of evidence and before submitted to jury
2) If moving party won above them non moving party asks for JNOV motion and says evidence favored non moving party
When can loser bring motion for new trial
i. Errors affecting party's substantial trial rights, or ii. Verdict was against manifest weight of evidence
When can motion for default judgemnt be brought?
If filed within 30 days after entered then granted liberally
Explain how to vacate DJ after 30 days or get relief from judgment? 5 requirements
MEND
Extraordinary remedy for judgments tainted by fraud/perjury

M=erit to claim or defense must be shown

E=quity demand releif from judgem tainted by fraud of perjury

N=ew facts come to light since judgment which case doubt on that judgment

D=ue dilligence was shown and despite then these brand new facts
Can court require arbitration?
yes but dont have to accept just make attempt to
Can arbitrator be called as W?
NO
Can IL ever bifurcate trial?
Yes but not if party objects