Pa Civil Procedure

Front 1

a. 1 year SOL
b. 2 year SOL
c. 4 year SOL

Back 1

a. Libel, Slander, or invasion of privacy from date of publication
b. Torts
c. Contract

Front 2

SOL discovery rule

Back 2

SOL is tolled until P knows or should have known with exercise of due diligence about her injury. SOL for death is never more than 2 years.

Front 3

Statute of Repose

Back 3

SOL always also applies.
A civil action against a person performing or furnishing the design, planning, supervision, or construction of real property, must be brought within 12 years.

Front 4

Long Arm Statute

Back 4

Jurisdiction over out of state D in PA:
Jurisdiction based on domicile, presence in PA when served with process, and actual or implied contact.
PA long arm statute reaches the full extent of the constitution.

Front 5

Venue versus Personal Jurisdiction

Back 5

PJ: state
Venue: county

Front 6

Venue (raise it or waive it)

Back 6

Venue is proper where cause of action arose or where T/O took place.
For a corp, venue proper where registered office, principal place of business, or any place where corp regularly conducts business.
Multiple Ds: venue proper as to all Ds in any county where one D is subject to venue.
Exception: Med mal and political subdivisions only where cause of action arose

Front 7

Forum Non Conveniens

Back 7

Transfer to another county in PA. Can be transferred even if original venue was proper.
P's forum is "granted great weight" and D must demonstrate specific hardship that are out of proportion to P's convenience. Motion granted only if forum is "oppressive or vexatious."

Front 8

Action for Declaratory Relief

Back 8

parties have a right to seek Declaratory Judgment to determine their rights, status, legal relationship.

Front 9

To Initiate Litigation

Back 9

1. File praecipe for a writ of summons (to tell D P has commenced action).
2. File complaint.
Both must be served on D.
After filing writ of summons, can conduct pre-complaint discovery to discover material and necessary information to file complaint.

Front 10

What tolls the SOL

Back 10

Equivalent Period Doctrine: Filing praecipe for writ of summons tolls SOL for the same amount of time as the SOL as long as P makes a good faith effort to serve the D.

Front 11

Service of Process (raise it or waive it)

Back 11

Sheriff must serve, unless its action in equity, partition, prevent waste or dec. judgment then 18 yr old adult not party to litigation may serve.
Out of state service: certified mail.

Front 12

Pleadings include

Back 12

1. complaint
2. answer to the complaint
3. reply if ans contains new matter or counterclaim
4. counter reply if reply to counterclaim contains new matter, and
5. preliminary objection and answers thereto (most tested)
note: praecipe for writ of summons is not a pleading

Front 13

Signature Required for all Pleadings

Back 13

All paper directed to the court must be signed by attorney of record or by unrepresented party. Signature is certification that after reasonable inquiry that the best of her knowledge:
1. claims or counter-claims are warranted by existing law
2. factual allegations have evidentiary support
3. not being presented for improper purpose.
Ct may file sanctions for violations

Front 14

Verification Required for Pleadings

Back 14

Every pleading with factual averments or denials must be verified by the party.
Verification: sworn statement that the info set forth is true to that person's knowledge, information or belief and is not interposed for purposes of delay.

Front 15

Complaint requirements

Back 15

Must set forth all material facts with specificity.
Must state:
1. time, date, places.
2. fraud and mistake
3. special damages
Attach basis of claim if its based on writing.

Front 16

Preliminary Objections

Back 16

Motions objecting to pleadings. Everything must be raised or it will be waived except:
subject matter jurisdiction, failure to join indispensable party, demurrer.

Front 17

Demurrer

Back 17

Tool to challenge the legal sufficiency of pleading. (tort claim doesnt list all elements, etc).

Front 18

Answer to Complaint

Back 18

D must admit or deny each paragraph with specificity otherwise general denial constitutes an admission.
Must be denied specifically: identity, agency, or employment of person doing material act; and ownership, possession, or control of the property or instrumentality involved.
Exception: bodily injury, death, property damage.

Front 19

affirmative defenses

Back 19

Must be raised in responsive pleadings and must be under "New Matter" heading. SOL and SOF must be raised or they are waived.

Front 20

Counter claim

Back 20

D may file a counterclaim for any cause of action which D has against P at the time of filing an answer. Included in the answer under "New Matter." No compulsory counterclaims in PA for claims arising out of same transaction or occurrence unlike in Fed rules.

Front 21

Cross claim

Back 21

any party may set forth in the ans or reply under the heading Cross-Claim a cause of action against any other party to the action.

Front 22

Default Judgment

Back 22

If D fails to file an answer, P may obtain default judgment after mailing a notice of intent to take default judgment and give D 10 days to answer.

Front 23

Certificate of Merit

Back 23

1. In professional liability cases, an expert must indicate that there is a reasonable probability that the care, skill, knowledge exercised by D fell outside the professional standard AND such conduct caused P's harm, or
2. expert testimony is unnecessary for prosecution of the claim, or
3. D deviated from acceptable professional standard

Front 24

Dismissal Upon Affidavit of Non Involvement

Back 24

Applies only to action of negligence a construction design professional or to a medical professional liability action naming a health care provider as D. Must attach affidavit of non involvement

Front 25

Entry of Judgment of Non Pros

Back 25

If Cert of Merit is not filed timely by P within 60 days of filing complaint (only applies to professional liability cases).

Front 26

Amend Pleadings

Back 26

Permitted within 20 days after service of preliminary objections or with consent or other party or leave of ct (ct has discretion if it wont affect rights of parties). Cannot amend to add a new cause of action or add Ds.

Front 27

Permissive v. Compulsory Joinder

Back 27

Compulsory: CAUSE OF ACTION arising from same T/O must be joined or they are waived.
Permissive: CLAIMS AGAINST MULTIPLE PARTIES may be brought in a single action if
(1) they arise from same T/O and
(2) there are common question of law or fact affect the rights of parties (even if inconsistent).

Front 28

always tested too much to type pg 19 letter D

Back 28

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Front 29

3 step approach when they don't tell you what tort is being test, ask (in order):

Back 29

1. Do the facts support an intentional tort (pick intentional tort answer, otherwise -->)
2. Do the facts support strict liability (defective product, wild animal, abnormally dangerous activities)
3. I am in negligence

Front 30

Mixing someone's drink is battery, it is going in their body.
Actual causation (but for or cause in fact) are stupid answer choices, pick proximate cause over them.
Don't always need harm, OFFENSIVE it sufficient.

Back 30

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Front 31

Conversion

Back 31

Serious damaging of someone else's chatell, plaintiff is entitled to FMV at the time of the conversion.
Trespass to chattel: diminished value of the chattel.

Front 32

Trespass is privileged if:

Back 32

Trespass is privileged if you are going to someone else's property to reclaim your own property or the other person was wrongdoer.

Front 33

Both Emotional Distress require extreme and outrageous conduct. But what about harm?

Back 33

Negligent infliction: physical and psychic injury
Intentional Infliction Distress Relief: humiliation, embarrassment.

Front 34

2 exception of NEID where physical injury is not required:

Back 34

1. Mishandling of corpse
2. False report of death

Front 35

Tort MBE tricks:

Back 35

1. Person doesn't have to be hurt by negligence, it includes dogs, property, etc.
2. Reasonable care answers are always good, do not discount them right away. Keep them around
3. Examiners love superseding cause

Front 36

Negligence Damages

Back 36

Plaintiff gets all damages, including economic loss, property damage

Front 37

Duties to Invitees

Back 37

Duty to INSPECT and a duty to MAKE SAFE

Front 38

For Res Ipsa Liquitor, must show

Back 38

1. This harm would not have occurred unless someone had been negligent.
2. The instrumentality that caused the plaintiff's injury was in defendant's sole control.

Front 39

Products liability

Back 39

Item must be in stream of commerce. D can be anyone who handles the product in the stream of commerce.
Fault doesn't matter, Strict Liability.
Exclusive control is Res Ipsa, it is not negligence answer.

Front 40

Contributory negligence not a defense to strict liability

Back 40

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Front 41

Life Tenant

Back 41

Cannot hurt the interest of those who own the remainder or reversion