Nj - Civ Pro (With Some Federal Carry-Over)

Front 1

[NJ Ct. System - Structure]

3 situations where NJ Sup Ct can take an appeal as a right
1

Back 1

-Issue of federal or NJ constitution

-Dissent in appellate division

-Death Penalty

Front 2

[NJ Ct. System - Structure]

What is the term for the type of jurisdiction that NJ Superior Courts of Law and Chancery have?

1

Back 2

ORIGINAL Jurisdiction

Front 3

[NJ Ct. System - Structure]

Division of cts that take equitable cases?

Division of cts that take legal cases?

1

Back 3

Equitable cases: Superior Ct, Chancery Division: General Equity

Legal Cases: Superior Ct., Law Division: Civil

Front 4

[NJ Ct. System - Legal vs. Equitable Claims]

What must be shown first before granting equitable remedies?

2

Back 4

Inadequacy of any remedy at law

Front 5

[NJ Ct. System - Legal vs. Equitable Claims]

Distinguish legal claims from equitable ones

2

Back 5

Equitable: Injunctions

Legal: $

Front 6

[Subject Matter & Personal Jurisdiction - Subject matter]

What type of jurisdiction do NJ cts have over federal law? What does this term mean?

2

Back 6

NJ cts have CONCURRENT jurisdiction over federal law claims

(except for cases reserved only to federal cts, like bankruptcy)

Front 7

[Subject Matter & Personal Jurisdiction - Subject matter]

Would a Plaintiff rather file a federal claim in NJ ct or federal ct, and WHY?

3

Back 7

NJ Court b/c more liberal rules, including only 5/6 jurors in a civil case needed to find a verdict

Front 8

[Subject Matter & Personal Jurisdiction - Subject matter: Removal]

When may a D, brought into NJ state court, remove to federal court?

3

Back 8

Only is NO named D is a citizen of NJ (the forum state)

Front 9

[Subject Matter & Personal Jurisdiction - Subject matter: Erie]

When in federal court, what law applies when adjudicating over a state law claim?

3

Back 9

Erie Doctrine:

State law applies, EXCEPT federal procedural law applies

Front 10

[Subject Matter & Personal Jurisdiction - Subject matter: Erie]

When in NJ state court, what law applies when adjudicating over a FEDERAL law claim?

3

Back 10

"Reverse" Erie Doctrine:

Federal law applies, but NJ Rules of Ct. apply, NOT the FRCP

Front 11

[Subject Matter & Personal Jurisdiction - Personal Jur]

When Per Jur is valid, and there is a judgment, what is the effect of the judgment?

4

Back 11

-Judgment may be satisfied out of D's property

-Issue and Claim Preclusion takes effect for all issues actually litigated

-Judgment is given full faith and credit in all states

Front 12

[Subject Matter & Personal Jurisdiction - Personal Jur: Bases]

What is the extent of NJ's long arm statute?

4

Back 12

TRICK QUESTION:

NJ does NOT have a long arm statute: it allows personal jurisdiction to the full extent allowed under the US Constitution through due process

Front 13

[Subject Matter & Personal Jurisdiction - Personal Jur: Bases]

Without going into the exceptions and nuances, what are the 4 ways in which personal jurisdiction is automatic?

4-5

Back 13

-Service of process while person is physically present in NJ

-Waiver (failed to object)

-Consent in K

-Domiciled/Incorporated in NJ

Front 14

[Subject Matter & Personal Jurisdiction - Personal Jur: Bases]

What exception to the FEDERAL rules for physical presence service to gain per jur does NOT apply in NJ?

4

Back 14

In NJ, personal service while person in is in NJ is ALWAYS effective (except if by fraud)

INCLUDING if person was in NJ b/c of another judicial proceeding (Federal rules have immunity if person is in the state for another judicial proceeding)

Front 15

[Subject Matter & Personal Jurisdiction - Personal Jur: Bases]***

In order for there to NOT be waiver to per jur, how to assert lack of per jur?

5

Back 15

Must specifically assert lack of per jur in either:
-preanswer motion to dismiss, or
-Answer

****BUT, if D objects to per jur in the answer MUST FOLLOW UP with a MOTION within 90 days of the answer

Front 16

[Subject Matter & Personal Jurisdiction - Personal Jur: Bases]

When will Consent to per jur in a K NOT be enforced in NJ?

5

Back 16

(i) Freely agreed (not K of adhesion)
(ii) Reasonable AT TIME OF LITIGATION

Front 17

[Subject Matter & Personal Jurisdiction - Personal Jur: Bases]

If there is not "automatic" per jur, what is the alternative way to establish personal jurisdiction?

5

Back 17

Minimum contact + fair play and substantial justice

Front 18

[Subject Matter & Personal Jurisdiction - Personal Jur: Basis}

What's are the basic elements for Per Jur?

5

Back 18

Minimum contacts
-Purposeful availment
-Foreseeability

Fair Play and Substantial Justice
-Relatedness
-Convenience
-State's interests

Front 19

[Subject Matter & Personal Jurisdiction - Personal Jur: Min contacts Analysis]

What is the "touchstone" of purposeful availment?

5

Back 19

Activity directed toward the forum state

Front 20

[Subject Matter & Personal Jurisdiction - Personal Jur: Min contacts Analysis]

What is the test for foreseeability?

6

Back 20

D could reasonably anticipate being hailed into ct in that forum

Front 21

[Subject Matter & Personal Jurisdiction - Personal Jur: Min contacts Analysis]

What are the two tests for stream of commerce causes to establish minimum contacts?

6

Back 21

-Puts product in stream of commerce & manufacturer has an expectation that it would reach the forum state

-Additional conduct directed at the state (more than expectation it would get there)

Front 22

[Subject Matter & Personal Jurisdiction - Personal Jur: Min contacts Analysis]

What is enough to satisfy the stream of commerce test in NJ?

6

Back 22

-Puts product in stream of commerce & manufacturer has an expectation that it would reach the forum state

Front 23

[Subject Matter & Personal Jurisdiction - Personal Jur: Fair play & Substantial Justice Analysis]

What does the "relatedness" test of the fair plain and substantial justice prong establish for personal jurisdiction?

6

Back 23

The scope of jurisdiction relating to other claims that me brought against the D in the same case

Front 24

[Subject Matter & Personal Jurisdiction - Personal Jur: Fair play & Substantial Justice Analysis]

What are the two results of the "relatedness" sub-prong?

6

Back 24

GENERAL JURISDICTION = lots of contacts = P may assert ANY claim against D b/c there is per jur for any of them

SPECIFIC JURISDICTION = Only some contacts = Only personal jurisdiction enough to allow claim arising out of this specific contact

Front 25

[Subject Matter & Personal Jurisdiction - Personal Jur: Fair play & Substantial Justice Analysis]

What are the remaining factors to be balanced for personal jurisdiction under the 'fair play' prong?

7

Back 25

-Burden on D

-Forum state's interests

-Convenience

Front 26

[Subject Matter & Personal Jurisdiction - Personal Jur: ...]***

What alternative objection to the forum may a D seek, even if Per Jur is proper?

7

Back 26

Motion for Forum Non Conveniens

Front 27

[Subject Matter & Personal Jurisdiction - Personal Jur: Forum Non Conveniens]***

What is the test to grant a motion for Motion for Forum Non Conveniens?

7

Back 27

-Trial in NJ would be oppressive/manifestly inappropriate

(This is VERY hard to show if P is from NJ)

Front 28

[Venue - General Rules]

What does venue encompass for the purposes of NJ Civ Pro?

8

Back 28

Only what county an action can be brought in

Front 29

[Venue - General Rules]

What is the proper venue, generally?

8

Back 29

-Any county in which the cause of action arose
-Where any party resides, OR
-Where the summons was served

Front 30

[Venue - General Rules]

Where is a Corp a "resident" for venue in NJ?

--

Back 30

-ANY county it's doing business in, AND (note: this means there can MORE than 2 counties)

-County where it has its registered office

Front 31

[Venue - Transfer of Action]

Where can a NJ court transfer venue?

8

Back 31

ONLY to another county w/i the state -- NOT to another state

Front 32

[Venue - Waiver of objection]

When must a party object to improper venue?

9

Back 32

Must objection no later than 10 days after the time for service of the last responsive pleading

Front 33

[Commencement of Civil Action - Generally]

When is a civil action commences in NJ (stopping the SOL from running)

9

Back 33

When the COMPLAINT is filed -- NOT when summons is served

Front 34

[Commencement of Civil Action - Service of Process]

What two things must be served to perfect service?

9

Back 34

Summons and complaint

Front 35

[Commencement of Civil Action - Service of Process]

When may a D waive service?

10

Back 35

Generally NJ does NOT provide for waiver of service, except D's atty may accept service instead of D, and may file an acknowledgment

Front 36

[Commencement of Civil Action - Rules of Pleading]

What is NJ's complaint pleading standard (and compare it to the federal standard)

10

Back 36

NJ = Notice Pleading

Federal = "Plausibility" standard under Twombly

Front 37

[Commencement of Civil Action - Rules of Pleading]

What does R11 provide for, and what are its exceptions?

10

Back 37

Requires good faith pleading

NJ have a 28 days safe harbor period -- federal is 21 days

Front 38

[Commencement of Civil Action - Rules of Pleading]

What are the 3 elements that must be in the complaint?

11

Back 38

-State of the facts
-Statement re: entitled to relief
-Demand for judgment

Front 39

[Commencement of Civil Action - Rules of Pleading]

What specific rule re: damages pleading does NJ have?

11

Back 39

Must demand money damages GENERALLY, without specifying amount

Front 40

[Commencement of Civil Action - Rules of Pleading]

What actions must be plead with specificity?

11

Back 40

-Fraud
-Mistake

Front 41

[Commencement of Civil Action - Rules of Pleading]

What special requirement does NJ require for malpractice cases? How long do u have to file this?

11

Back 41

W/i 60 days after answer, P must support case with an affidavit of merit by an expert

Front 42

[Commencement of Civil Action - Rules of Pleading]

What is NOT allowed in an answer, that would allowed in federal courts?

11

Back 42

General denial of all claims (in NJ must go para by para)

Front 43

[Commencement of Civil Action - Rules of Pleading]

What are the six 12(b) defenses that MAY be raised by special preanswer motions?

11-12

Back 43

-Lack of Sub Matter Jur
-Lack of Per Jur
-Insufficiency of process
-Insufficiency of service
-Failure to state a claim on which relief may be granted
-Failure to join a necessary party

Front 44

[Commencement of Civil Action - Rules of Pleading]

What are the three defenses that REQUIRE a follow-up motion w/i 90 days if the defenses are raised in an answer, as opposed to a preanswer motion?

12

Back 44

-Lack of Per Jur
-Insufficiency of process
-Insufficiency of service

Front 45

[Commencement of Civil Action - Rules of Pleading]

When are counterclaims allowed?

12

Back 45

They are ALWAYS allowed -- for any action

Front 46

[Commencement of Civil Action - Rules of Pleading]

When are counterclaims mandatory?

12

Back 46

When arising out of the same transaction or occurrence

Front 47

[Commencement of Civil Action - Rules of Pleading]

When may a party file a cross-claim (against a co-party)

12

Back 47

ANYTIME -- unlike federal rules, does NOT need to be the same T/O

Front 48

[Commencement of Civil Action - Rules of Pleading]

How many times may a P in NJ amend the complaint before the answer is filed?

12

Back 48

INFINITE

Front 49

[Commencement of Civil Action - Rules of Pleading]

What is the rule for when a P may amend the complaint after D has answered?

12

Back 49

May amend as many times as he wants within 90 days after answer is served

Front 50

[Commencement of Civil Action - Rules of Pleading]

What special rule does NJ recognize for relation-back of amendments? What is the effect of the rule?

13

Back 50

NJ allows for the "fictitious party" relation back

Allows for relation-back even if a person doesn't know of the case after the SOL has ended

Front 51

[Commencement of Civil Action - Rules of Pleading]

What does pleading a "fictitious party" require?

13

Back 51

-Must list "John Doe" specifically

-Exercise due diligence to seek true identity of John Doe

-Move to substitute the party promptly upon discovery

-The joined party will not suffer prejudice

Front 52

[Parties - Permissive Joinder]

What is the test for allowing joinder?

13

Back 52

-Transaction connection (Same T/O)

-Share ANY question of law or fact

Front 53

[Parties - Impleader]

When is impleader allowed? When does it occur?

14

Back 53

ONLY occurs when one party's liability will be limited b/c ANOTHER party would be liable to pay due to an indemnity.

Party is known as the THIRD-PARTY DEFENDANT

Front 54

[Parties - Interpleader]****

What is Interpleader?

14

Back 54

It's when a party brings an action in court to ask which party is right, when he would be subject to double liabilities

The claimants are forced to litigate amongst themselves

Front 55

[Parties - Class Actions]

What are the basic standards for a (b)(3) class action?

14

Back 55

-Numerousity(too many for jointder)
-Typicality (class rep. injury is typical of all)
-Common issues of law and fact
-Class rep. is fair representative

(b)(3) requirements
-Comm ground predomination
-Superior method of adjudication

Front 56

[Discovery - Distinctions]

Which discovery methods are automatic in NJ?

15

Back 56

NONE -- no automatic disclosures

Front 57

[Discovery - Distinctions]

What limits are there of the number of interrogaties? Depositions?

15

Back 57

NO limits in NJ

Front 58

[Discovery - Scope]

What is the scope of discovery in Federal ct. vs. in NJ

15

Back 58

Federal: Related to claim or defense

NJ: Any matter relevant to the subject matter

Front 59

[Discovery - Scope]

Brief statement of the work-product rule

15

Back 59

No discovery of materials prepared in anticipation of litigation, unless showing of:
-Substantial need
-undue hardship

BUT, opinion work product is always always protected

Front 60

[Discovery - Scope]

When must a party disclose an expert in discovery in NJ?

15

Back 60

Only when the expert witness will be testifying

Front 61

[Discovery - Scope]

What is the test for protective orders?

15

Back 61

Prevent:
-Harassment
-Undue Burden

Front 62

[Discovery - Types]

What is the effect of a failure to respond to a request for admissions?

16

Back 62

They are ALL deemed admitted

Front 63

[Discovery - Types]

If admissions are deemed admitted, may they be rebutted at trial?

16

Back 63

NO - they are a JUDICIAL ADMISSION that cannot be rebutted

Front 64

[Discovery - Types]

What is the most favored form of discovery and why?

16

Back 64

Depositions, b/c can ask follow-up questions

Front 65

[Discovery - Types]

What procedure is need to force a PARTY to attend a depo?

16

Back 65

Only a notice of depo

Front 66

[Discovery - Types]

What procedure is need to force a NON-PARTY witness to attend a depo?

16

Back 66

Subpoena

Front 67

[Discovery - E-Discovery]

What is the test for excusing non-production of e-discovery?

18

Back 67

-Info is not reasonably accessible b/c undue cost or expenses

-Can be rebutted by other's need

-Inadvertent deletion in regular course can excuse

Front 68

[Termination w/o Trial - Default]

What is needed to set aside default when no judgment has yet been entered?

18

Back 68

Good cause (excusable neglect, mistake)

Front 69

[Termination w/o Trial - Default]

When may a Default JUDGMENT be set aside?

18

Back 69

ONLY w/i 1 year

Must state:
-Meritorious defense
-Inability to appear due due to accident or other reasonable cause

OR STATE that Judgment is VOID b/c lack of per jur

Front 70

[Termination w/o Trial - Involuntary Dismissal]

What is Involuntary Dismissal, and when is it granted?

19

Back 70

It's when one side fails to prosecute action w/ reasonable diligence

In NJ, this is w/o prejudice

In federal ct, an involuntary dismissal is treated as an adjudication on the merits

Front 71

[Termination w/o Trial - Voluntary Dismissal]

What is required for a Voluntary dismissal?

19

Back 71

If BEFORE answer filed: any time

If AFTER answer is field: With ct's permission or with opp party's consent

Front 72

[Termination w/o Trial - Summary Judgment]

Test for summary judgment?

19

Back 72

-No genuine issue of material fact
-Movant is entitled to judgment as a matter of law (No legally sufficient evidentiary basis)

Front 73

[Trial by Jury - Right to Jury Trial]

For what types of civil claims does a person have a right to jury trial, and what claims does a person not?

19

Back 73

Legal claims = jury

Equitable claims - No jury

Front 74

[Trial by Jury - Right to Jury Trial]

What is the "equitable clean-up doctrine"?

20

Back 74

Court in equity may decide any ancillary legal claims w/o a jury WITHOUT VIOLATING the right to jury trial

Front 75

[Trial by Jury - Right to Jury Trial]

When must a trial demand be made by?

20

Back 75

W/i 10 days of original pleading

Front 76

[Trial by Jury - Right to Jury Trial]

How many jurors are required in a civil action? How many must find for the P for the P to win?

20

Back 76

6 civil jurors

only 5/6 in NJ (federal 6/6)

Front 77

[Trial by Jury - End-of-trial and Post-trial motions]

What is the test for NJ's Directed Verdict (called Judgment as a matter of law in federal ct)

21

Back 77

No legally sufficient basis for a reasonable jury to find for the non-moving party

Front 78

[Trial by Jury - End-of-trial and Post-trial motions]

What is the prerequisite for asking for NJ's JNOV (judgment notwithstanding the verdict --- called renewed judgment as a matter of law in federal ct)?

21

Back 78

Previously asked for directed verdict

Front 79

[Trial by Jury - End-of-trial and Post-trial motions]

What is the test for NJ's JNOV (judgment notwithstanding the verdict --- called renewed judgment as a matter of law in federal ct)?

21

Back 79

Same standard as directed verdict:

No legally sufficient basis for a reasonable jury to find for the non-moving party

Front 80

[Trial by Jury - End-of-trial and Post-trial motions]

What other motion will a party typically make at the same time as JNOV?

21

Back 80

Motion for new trial

Front 81

[Trial by Jury - End-of-trial and Post-trial motions]

What's the test for granting a motion for new trial?

21

Back 81

Jury's finding is against the manifest weight of the evidence

Ct cannot merely substitute its judgment for that of the jurors

Front 82

[Trial by Jury - End-of-trial and Post-trial motions]

What's the difference b/w a JNOV motion and motion for new trial?

22

Back 82

JNOV:
-Reviewed de-novo
-Immediate judgment


New Trial
-Less extreme
-Only results in new trial

Front 83

[Trial by Jury - End-of-trial and Post-trial motions]

Does NJ have remittitur, additur, or both?

22

Back 83

both

Front 84

[Judgment - Generally]

When is a judgment rendered?

22

Back 84

Judgment does NOT exist under formally entered by the court or clerk

(NOT just b/c jury says so)

Front 85

[Judgment - Motion for Relief]

When may a party be relieved from final judgment?

23

Back 85

-Mistake, neglect
-Newly discovered evidence
-Fraud
-Judgment has been satisfied
-Judgment is void b/c lack of per jur

Front 86

[Future Effect - Claim Preclusion]***

What is NJ's term for claim preclusion?

23

Back 86

the "entire controversy doctrine"

Front 87

[Future Effect - Claim Preclusion]

What does the "entire controversy doctrine" rule?

23

Back 87

ALL parties that ARE joined to an action (no one HAS to join any parties except if indispensable party), MUST assert ALL claims they may have about the same transaction/occurrence (can't save for a later trial -- take care of all of it NOW)

Front 88

[Future Effect - Issues Preclusion]

What rule does NJ follow for issue preclusion?

24

Back 88

Does NOT require mutuality

Front 89

[Future Effect - Issues Preclusion]

What TYPE of issue preclusion does NJ therefore allow?

24

Back 89

Allows for OFFENSIVE issue preclusion

Front 90

[Future Effect - Issues Preclusion]

What is OFFENSIVE issue preclusion?

24

Back 90

When one "P1" sues D and P1 wins, P2 -- who was in the same transaction/occurrence, CAN ALSO sue D, and preclude D from re-litigating, and P2 will also win

BUT, this requires:
-Same T/O
-D fully litigated against P1, and had every reason to protect his interests

Front 91

[Injuctions]

When are Temp. Restraining Orders (TROs) issued?

24

Back 91

-For emergency situations
-Done with ONLY ONE PARTY (both don't have to be there)

TEST:
-Irreparable injury, loss, or damages
-Likelihood of success on the merits

Front 92

[Declaratory Relief]

When is declaratory relief used?

25

Back 92

To determine the scope of rights & obligations (requires clear threat of suit)

Front 93

[Declaratory Relief]

If declaratory relief is appropriate, what other type of pleading is also appropriate?

25

Back 93

Interpleader (party would otherwise be subject to multiple inconsistent obligations)

Front 94

[Appellate Review]

First step in appellate analysis

26

Back 94

Was issue preserved for appeal through objection

NOTE: there is an exception for 'plain errors' for fundamental rights

Front 95

[Appellate Review]

What type of rulings are subject to de novo review?

26

Back 95

Legal rulings (sum jud, JNOV, etc.)

Front 96

[Appellate Review]

What type of rulings are subject to abuse of discretion review?

26

Back 96

Discovery issues

Front 97

[Appellate Review]

What type of rulings are subject to a "clearly erroneous" standard?

26

Back 97

Factual findings

Front 98

[Appellate Review]

What is the last step in any appelate review analysis?

26

Back 98

Whether, even if there was error, the error was nonetheless not outcome determinative, and therefore constituted harmless error