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13 Cards in this Set
- Front
- Back
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 1 - Stage 1 and Stage 2 |
STAGE 1: (6)
1. P.J. (3) 2. S.M.J. (4) 3. Joinder - parties and claims (3) 4. Venue - (Where) 5. Choice of Law (Erie Doctrine) 6. Pleadings - (filing complaint & answer) (3) STAGE 2: (6) 1. Discovery (6) 2. Pre-Trial Motions (5) 3. Trial Issues (3) 4. Post-Trial Motions (2) 5. Final Judgment Rule 6. Collateral Estoppel & Res Judicata (4/5) |
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 2 - Stage 1: P.J. (power to bind dft) - (3) |
1. Person
2. Property --->In Rem --->Quasi in Rem 3. Notice/Service |
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 2 - Stage 1: S.M.J. (4) (power to hear case) |
1. Exclusive*
2. Concurrent* 3. Supplemental* 4. Removal* *Power to hear case |
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 2 - Stage 1: Joinder (3) |
1. Claims
2. Parties 3. Class Action |
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 2 - Stage 1: Venue (where) |
Section 1341 - where the claim will be heard.
Rules: 1. All As reside* 2. Claim arose* *if neither 1 nor 2 provide venue: --->Diversity: any district where any dft subject to PJ --->Fed. Q: any district where any party can be found Change of Venue: ---Inconvenient Forum ---Section 1404 Transfer |
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 2 - Stage 1: Choice of Law - (Erie Doctrine) |
If diversity, usually discuss:
In a diversity case, Fed. court must apply the state substantive law and the federal procedural law. Twin policies of discouraging forum shopping and inequitable administration of laws. |
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 2 - Stage 2: Pleadings - (filing complaint & answer) (3) |
1. Complaint
2. Challenges to the Complaint 3. Amendments |
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 2 - Stage 2: Discovery/Disclosure (6) |
1. Scope
2. Automatic 3. Devices 4. Protective Order 5. Snctions 6. Pre-Trial Conference |
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 2 - Stage 2: Pre-Trial Motions (5) |
1. 12(b)(6) Failure to State a Claim
2. Judgment on the Pleadings 3. Sumary Judgment 4. Default Judgment 5. Dismissal |
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 2 - Stage 2: Trial Issues (3) |
1. Right to Jury Trial
2. Law/Equity Distinction 3. Motion for Judgment as a Matter of Law |
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 2 - Stage 2: Post Trial Motions (2) |
1. Renewed Motion for Judgment as Matter of law
2. New Trial |
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 2 - Stage 2: Final Judgment Rule |
Ultimate decision by trial court on merits of entire case - nothing remains to be done except execute final judgment.
Appeal allowed only from final judgment. Exception: ---Multiple claims where one is specifically enforceable. ---Collateral order doctrine (immediate appeal) - where important question is collateral (unrelated) to underlying merits of dispute |
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FEDERAL CIVIL PROCEDURE
(2 Stage) Level 2 - Stage 2: Collateral Estoppel/Res Judicata (4/5) |
Collateral Estoppel:
CE - Same Issue - --->Party in Prior Lawsuit --->Identical Issue --->Actually Litigated --->Necessarily Determined --->Full and Fair Opportunity to Litigate Res Judicata: RJ - Same Claim - --->Parties --->Claim --->V.F.J. --->On Merits |
