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70 Cards in this Set

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  • Back
What is the definition of subject matter jurisdiction?
The power of the Illinois Courts over the subject matter of an action.
How do you describe the jurisdiction of Illinois Circuit Courts? What is the exception.
They are courts of original and general jurisdiction.

Except if there is exclusive jurisdiction in another forum.
When does the Illinois Supreme Court have exclusive and original jurisdiction?
1. Issues involving a governor's vacancy
2. Issues involving legislative redistricting.
What is the general rule re. Illinois Appellate Courts' jurisdiction?
They have jurisdiction only over appeals, only over final orders.
What are the exception?
1. Partial Final Orders: resolves some claims against some parties. May be appealed if lower court finds no just reason to delay the appeal of the pretrial final order.
2. Significant orders: no final order. Some doubt on controlling legal issue where review would materially advance the litigation. Both courts must agree.
When is Illinois Supreme Court appellate jurisdiction mandatory?
Any orders declaring federal or state statutes unconstitutional (even if it bypasses Appellate Court).
When is Illinois Supreme Court jurisdictional discretionary?
Any other case.
How do you appeal from an order entered by the Circuit Court?
File notice of appeal within 30 days of entry of order, IN LOWER COURT.
What is personal jurisdiction?
The power of an Illinois court over the defendant's person or property.
What two things are needed for personal jurisdiction in Illinois courts?
1. Must comply with Illinois law, and
2. the Illinois law must be unconstitutional.
How does Illinois law interact with the constitutional requirement?
Illinois courts now have personal jurisdiction to the maximum extent allowed by the Constitution.
In Illinois, what are the bases for personal jurisdiction?

C: Consent
LA: Long Arm
P: Presence
What are the two forms of consent?
1. Express
2. Implied
How can a defendant give express consent to personal jurisdiction?
1. Defendant expressly authorizes its agent to accept process on its behalf.
2. The parties entered into a contract which stipulates Illinois as the forum.
3. The defendant expressly consents to jurisdiction over it.
How can a defendant give implied consent to personal jurisdiction?
It is inferred from conduct. The defendant consents by failing to object to personal jurisdiction in the first response to the complaint. (the objection can be joined to other items in the response)
When is a response required to a complaint? Exceptions?
General rule: 20 days.

Exceptions: 1. where amount is $50,000 or less, response must be filed before a 'specified day.'
2. If you waive formal process, you have 60 days to respond from the date the request was sent to you.
What are the three forms of presence giving rise to personal jurisdiction?

Dancing: actually being in Illinois
Domicile: true home is in Illinois
Doing business: regular systematic and continuous business by defendant in Illinois
What gives rise to personal jurisdiction under the Illinois Long Arm statute?

Land: if it's in Illinois
Injury: if the tort occurred in Illinois
M: Defendant does an act in Illinois from which an action for separation, annulment or divorce derives.
Insurance: The risk that is insured against is in Illinois.
Transaction of business: Single transaction in Illinois by defendant results in the lawsuit
When is personal jurisdiction constitutional?
When the defendant engaged in such minimum contacts as to not offend traditional notions of fair play and substantial justice.

The issue is whether the defendant purposely availed himself of the benefits of the jurisdiction.

The question is: would the defendant reasonably anticipate being sued in Illinois state court?
Who is authorized to serve process in Illinois?
Sheriff or deputy or coroner, or any non-party over 18 years old authorized by the court.
How long does a summons expire after its issuance?
30 days.
What happens if the summons runs out?
You have to get a new one issued. Watch out for statute of limitations!
What are the two rules for service of process?
1. Must comply with IL law;
2. Must be constitutional.
When is service of process constitutional?
If it is reasonably calculated to apprise interested parties of litigation.
What are the basic methods of proper service on individuals?

P: Personal, in hand delivery (or "in vicinity" of a reluctant D)
A: Abode: Leave with a 13-year-old, tell him what it's about; and mail it too
W: Waiver. Gives defendant 60 days to respond.
How do you serve corporations and partnerships?
Personally serve authorized agent or qualified agent or any partner in a partnership.

Test for qualified agent: agent with an appreciation of the need to transmit the process to responsible persons.
How do you serve partnerships?
If you sue a partnership, serve one defendant personally. Then, you may mail the process to all other defendant partners. However, they must have connection to Illinois (reside in IL or the lawsuit involved Illinois transaction).
When is publication okay for service?
1. Must involve property in Illinois.
2. Must file affidavit that a. defendant is outside IL or b. after due inquiry D cannot be found.
3. Must mail copy to D's last known address.
4. Publish once a week for 3 weeks in a row, in a newspaper circulating where the action is pending.
What is the general rule for proper venue?
It's proper where either:
1. any defendant resides (entities reside where doing business, where any office is located, or where a partner resides) or
2. where any part of the claim arose.
What are the exceptions to the general venue rule?

G: Government entities: venue is proper where its principal office is located.
R: Venue for real property is only where the land is.
A: Absent defendants (no one lives in IL) Venue proper any county
I: For insurance cases, plaintiff's residence.
What is the remedy for improper venue?
File a motion to TRANSFER.
When does the motion have to be submitted?
In the first responsive pleading.
What is a motion to change venue?
When the defendant alleges bias or prejudice of inhabitants of the county where it was filed.
What is required for a motion to change venue?
1. An affidavit swearing that you fear prejudice.
2. 2 supporting inhabitants from county inhabitants.
What is a forum non conveniens?
A lawsuit is filed in a forum that has subject matter jurisdiction and personal jurisdiction and prope venue, still, it may be dismissed as inconvenient.
Can a forum non conveniens order be sua sponte?
What are the five characteristics of a fnc?

D: Discretionary to judge
I: Inconvenient to parties
G: grossly so
C: Conditional: defendant must agree to waive objections to SOL and service, if plaintiff files elsewhere in 6 months
D: Dismisses action.
Illinois is a ______ pleading state.
liberal fact
What are several quirks about complaints in Illinois?
1. No verified complaints are required. But they may be verified, and if they are, every subsequent pleading must be verified as well.
2. If there is a copy of a written instrument (contract or deed) that is at issue, it must be attached as an exhibit.
3. Complaints may not initially contain a prayer for punitive damages. Must convince judge at a hearing that punitives are warranted.
4. If plaintiff seeks primarily money, plaintiff has a right to trial by jury. Must ask for it in complaint.
What do you need to do if you want to claim "I don't know" in response?
Have to include an affidavit swearing that after due diligence you still don't know.
What is the harsh rule about affirmative defenses?
Anything not mentioned in the answer will be waived.

An affirmative defense is one that assumes all the allegations of the complaint are true but something outside the complaint defeats the claim.
Can defendant demand a jury?
Yes, if the claim is for money. Must be demanded in the answer.
What is the general rule re. amendments?
They will be liberally granted on just and reasonable terms that serve the merits of a matter.
What is the definition of relation back?
Amendments to the complaint that add claims or parties which are not timely can nonetheless relate back in time to the date of the original complaint to conform to the SOL.
What is required for relation back of claims?
New claims relate back if they derive from the same transaction or occurrence as the original, timely filed claim.
What is needed for relation back of parties?

Knowledge: new party must have knowledge of the claims so it would not be prejudiced by defense of the lawsuit.
Identity: Named party was a mistake and but for the misteake new party would have been named.
S: New party must acquire knowledge within service of process time frames.
Sameness: claims against new party must derive from same transaction or occurrence.
What is the SOL for tort claims?
2 years from discovery.
When are limitations extended?
When plaintiff is under 18, or disabled when claim is discovered. Plaintiff then gets 2 more years.
What is the general Illinois policy regarding joinder?
It is liberal and permissive.

There is no compulsory joinder. It is encouraged but not mandatory. No compulsory counterclaim and actions will not be dismissed for failure to join.
When may claims be joined?
You can join as many claims as you have against a defendant, regardless of whether there is any connection between those joined claims.
When may parties be joined?
Claims by or against parties may be filed or joined by the court if they derive from the same transaction or occurrence, or at least the same series of transactions or occurrences.
What is impleader?
Third party plaintiff. A defendant may implead a brand new claim against a new 3rd party D so long as the new 3rd party D may be liable to D for all or part of D's liability to P.
What is interpleader?
Life insurance policy. Holder of common fund, rival claimants.
What is intervention? What are the two types?
Intervention is a non mparty moving to intervene in an ongoing lawsuit. 2 types:
1. As of right: non party has absolute right to intervene if non party has an interest which will be adversely affected.
2. Permissive: court has discretion if there is a commonality of issues between those in ongoing suit and those affecting intervenor.
What are the judicial requirements for a class action suit?
1. Judge must grant class certification
2. Judge must order notice reasonably calculated to apprise interested class members.
3. Judge must approve any settlement.
What are the class certification requirements?
Numerosity: class so numerous (over 40) that joinder of all would be impracticable.
Adequacy: Named plaintiff and counsel must fairly and adequately protect the class's interests.
Appropriateness: class action device must be an appropriate method of adjudicating multiple claims.
Commonality: common issues of fact or law
Predominance: common issues predominate over individual issues.
What is automatic prompt disclosure?
In actions where amount in controversy is less than $50,000, each side must disclose:
1. factual and legal bases for claims and defenses;
2. all witnesses;
3. all relevant documents;
4. computation of damages.
5. relevant insurance coverage.
What is the only discovery device that can be used on a non party?
What types of depositions are there?
1. Discovery (presumed): only 3 hours long. Can be used at trial ONLY to impeach, as admission or in court's discretion if deponent unavailable.
2. Evidence: must be designated as such in the notice and on the record; no time limit; used at trial for any purpose if deponent unavailable.
What is the IL rule re. pre-trial disclosure of testifying witnesses?
Must serve interrogatory; other party has 28 days to respond. 3 types:
1. controlled testifying experts: FULL disclosure; qualifications; full report; full opinions.
2. independent testifying experts (Dr., cop): anticipated opinions and a summary.
3. Lay witnesses: topics of testimony.
What is the Illinois rule for work product?
Attorney's mental impressions are not discoverable, all otehr forms are.
Do parties have a right to move for substitution of judge?
Yes, one absolute right. Then, only for cause. Must be filed before the judge resolves any substantial issue going to merits.
Can plaintiff move for dismissal without prejudice?
Yes, ONCE, before a hearing on the merits and before a counterclaim is filed.

P may refile before SOL or up to 1 year after voluntary dismissal, whichever is later.
What is a 2-615 motion?
PRETRIAL MOTION attacking the complaint. Waived if there's an answer filed. Strikes any allegations insufficient as a matter of law (punitives in coimplaint, failure to state facts constituting cause of action).
What's a 2-619 motion?
Can be filed with the answer. Motion to dismiss based on information outside the complaint.
What is the standard for directed verdict?
After adversary rests, may move for directed verdict if the evidence so overwhelmingly favors the party moving.
What is the standard for JNOV?
Evidence overwhelmingly favored moving party.
What is the standard for new trial?
Judge discretion:
1. errors at trial affecting parties' substantial rights;
2. verdict clearly against manifest weight of the evidence.
When must motion to vacate default judgment be filed?
30 days of judgment.
When is petition for relief from a judgment granted?
Must be filed b/w 30 days and 2 years after judgment. Requires showing of:

Equity (fraud, perjury)
New facts have come to light SINCE the judgment
Due diligence: you couldn't have discovered information earlier.