Law, Civ Pro

Front 1

How does a federal court analyze PJ?

Back 1

As if it were a state court in that jurisdiction.

Front 2

What are the two requirements for federal court to have personal jurisdiction over a particular defendant?

Back 2

There must be a state statute authorizing PJ and the exercise of such jurisdiction must be constitutional.

Front 3

State rule for general jurisdiction.

Back 3

For PJ to be constitutional, the nonresident D must have conducted continuous and systematic activity w/n the state such that it is considered to be "doing business," w/n the state or such that it is "essentially at home," in the jurisdiction.

Front 4

What is "doing business," w/ respect to general PJ?

Back 4

Doing business subjects a D to PJ for all causes of action.

Front 5

State rule for personal jurisdiction.

Back 5

There is specific PJ where the D has sufficient minimum contacts w/ state such that the exercise of PJ over it for the instant cause of action would only be fair and reasonable.

D's contacts must be purposeful (purposeful availment) and the D must reasonably anticipate being haled into the forum.

Front 6

State rule for diversity of citizenship jurisdiction.

Back 6

For diversity jurisdiction to be proper, when the suit is filed, (i) there must be complete diversity: each P must be of a diverse state citizenship of every D., and (ii) the amount in controversy must exceed $75,000 based on P's good faith claim.

Front 7

State rule for determining citizenship, for a human.

Back 7

A person's state citizenship is determined by his domicile. A person has only one domicile, and it is the state in which he is physically present and permanently intends to remain.

Front 8

State rule for determining citizenship, for a corporation.

Back 8

A corporation is a citizen of every U.S. state and foreign country in which it is incorporated and the one state or foreign county in which it has it PPB.

Front 9

Where is a corporation's PPB?

Back 9

The location from which the corporation's high level officers direct, control, and coordinate the corporation's activities, which will likely be the corporation's headquarters (nerve center).

Front 10

State general for rule FQ jurisdiction?

Back 10

For FQ jurisdiction to be proper, the case must arise under the Constitution, law, or treaties of the United States.

Front 11

What does "arise under," mean?

Back 11

Whether a case "arises under" federal law is determined the from P's well-pleaded complaint.

The P cannot anticipate a potential defense that is based on federal law in order to provide the court w/ FQ jurisdiction.

Front 12

May a court exercise supplemental jurisdiction over claims by Ps against parties added as a third party?

Back 12

No. Thus, for a court to have SMJ over a claim by a P, the prerequisites for diversity jurisdiction must be met.

Front 13

When is supplemental jurisdiction permitted?

Back 13

Only when the supplemental claim arises out of the same T/O as the original claim.

Front 14

Venue is proper in a judicial district where ______ _________, if all _____________?

Back 14

Venue is proper in a judicial district where any defendant resides, if all defendants reside in the same state.

Front 15

How will a court decide if a jury trial is appropriate?

Back 15

The court will look to the basic substance of the case to see if a jury trial is appropriate.

Front 16

When a party's physical condition is in issue, does he have to submit to an exam by another physician at order of opposing counsel?

Back 16

No, not without a court order obtained on a showing of good cause.

Moreover, insisting on a court order does not constitute a failure to cooperate in discovery.

Front 17

If a party has only one contact with the state, but that contact is directly related to the cause of action, is specific jurisdiction satisfied?

Back 17

Yes. Generally, fewer contacts will suffice in personam jurisdiction if those contacts are directly related to the cause of action.

Front 18

Should the publisher of a magazine reasonably anticipate causing injury wherever the magazine is sold?

Back 18

Yes and thus it should reasonably anticipate being haled into court.

Front 19

What must a party do before it may make a renewed motion for judgment as a matter of law?

Back 19

At the close of the evidence, the party must have previously moved for judgment as a matter of law in order to make a renewed motion after the verdict.

Front 20

Distinguish a barred claim and a merged claim.

Back 20

Bar occurs when a P loses, as such, the P is barred from relitigating the cause of action (and federal courts will give the same preclusive effect of a state court decision that the that issued it would).

Merge occurs when the P wins; her cause of action is said to merge into judgment such that she cannot relitigate the cause of her action.

Front 21

What is "common question," and how does it operate?

Back 21

A common question is a class action where there are questions of fact or law common to members of the class that predominate over individual issues and a class action is superior to the alternative methods of adjudication.

If a class action is a common question class then notice to all members is required.

Front 22

When are orders denying an injunction appealable?

Back 22

Although interlocutory order, as a general rule, are not appealable because they are not final, federal law permits appeal of orders denying an injunction.

Front 23

Must a court hold a scheduling conference (16(b)), and if so, for what purpose?

Also, may the order be modified, and if so, under what standard?

Back 23

The court must hold a scheduling conference; decided are time limits for joinder, motions, and discovery.

The court may also include dates for pretrial conference, a trial date, or any other appropriate matter.

This schedule cannot be modified except by leave of court upon a showing of good cause.

Front 24

May a party/counsel be sanctioned in relation to a 16(b) conference?

If so, on what grounds?

Back 24

Yes, a party or counsel may be sanctioned for failure to attend a conference or failure to obey an order entered pursuant to a conference.

A party may also be sanctioned for being substantially unprepared to participate in a conference or for acting in bad faith.

Front 25

If a party desires a jury, what does she have to do?

Back 25

File a written demand with the court and serve it on the parties (usually endorsed in a pleading), and a failure to make such a demand within 14 days after the service of the last pleading directed to the jury-triable issue constitutes waiver by that party of any right to trial by jury.

Front 26

With respect to jury trial procedures, what happens if legal and equitable claims are joined in one action involving common fact issues?

Back 26

The legal claim should be tried first to the jury and then the equitable claim to the court (the jury's finding on fact issues will bind the court in the equitable claim).

Front 27

If damages are claim as part of an action seeking an injunction, the defendant __________ be denied a jury on the __________ issues on the grounds they are "____________" to the equitable relief.

Back 27

cannot

damages

incidental.

Front 28

Federal court applying state law will always apply ________ __________ with respect to directed verdict standards?

Back 28

federal law

Front 29

If a state would deny a jury for a common law claim, and the parties are in federal court sitting in diversity, should the federal court permit a jury trial?

Back 29

Yes, the federal court must permit a jury trial in any diversity "suit at common law," even though the state court would deny a jury (this is b/c the 7th amendment prevails over state law Erie situations).

Front 30

What standard are federal courts required to apply when considering a motion for a new trial based on excessiveness of the verdict?

Back 30

Federal trial courts must apply a state standard.

Abuse of discretion is standard for reviewing trial court denial of a motion to set aside a verdict as excessive.

De novo is standard for reviewing jury award of amount of punitive damages.

Front 31

In federal civil cases how many jurors must there be, and what is the limit?

Back 31

There must be at least 6 jurors and not more than 12 (but there is no provision on alternative jurors).

Front 32

What is, and what is the standard for, venire?

Back 32

Venire is the jury selection process that summons people to appear in court for jury-duty.

The standard is that the venire must be a reasonable cross-section of the community.

Front 33

What is a "for cause," dismissal of a juror?

Back 33

Where the juror is biased (actual or implied) and the juror must be excused, even if

Actual bias may be inferred by the juror's deliberately lying during voir dire.

Implied (or presumed) bias arises when it is very unlikely that an average person in their shoes would be impartial.

Front 34

Explain the rule and consequences with respect to timing of jury instructions.

Back 34

At the close of evidence (or sooner at judge's discretion), a party may file proposed jury instructions. If a party fails to object to an instruction or the failure to give an instruction before the jury retires to consider a verdict, any issue is waived on appeal.

Front 35

What may jurors take into the jury room?

Back 35

All papers or exhibits in evidence and their own notes.

Generally, a juror may not take instructions, pleadings, or other matters except where they are formally admitted into evidence.

Front 36

What is the broad general rule for jury verdicts?

Back 36

They must be unanimous unless the parties agree otherwise.

Front 37

What is a general verdict?

Back 37

In a general verdict, the jury finds for the P or D and gives the amount of damages or relief due. A general verdict implies that all essential issues were found in favor of the prevailing party.

Front 38

What is a special verdict?

Back 38

In a special verdict, a jury is asked to make a finding on all material conclusions of fact, and the court applies the law.

Front 39

What is a general verdict with special interrogatories?

Back 39

The jury is asked to give a general verdict and also to answer specific questions concerning certain ultimate facts in the case.

Interrogatories must be submitted with the general verdict to test the verdict's validity.

Front 40

When is a new trial appropriate regarding juror misconduct?

Back 40

A new trial is appropriate if a juror gave false testimony on voie dire or concealed material facts relating to his qualifications to serve.

A verdict will not be set aside if the alleged misconduct was harmless.

Jurors may not testify as to any matter occurring during deliberations, except on the question of whether extraneous prejudicial information was improperly brought to the jury's attention, or whether any outside influence was brought to bear on any juror.

Front 41

What is an involuntary dismissal?

Back 41

A D's motion, or sua sponte, a court may order an involuntary dismissal (w/ operates w/ prejudice) against a P for a failure to:

prosecute,

comply with federal rules, or

comply w/ a court order.

Front 42

What are the consequence for a denial of an offer of judgment?

Back 42

If D serves the offer at least 14 days before trial (to have a judgment entered against it on specified terms with costs the accrued - thereby settling the case out of court), and the party rejects the offer . . .

And the ultimate judgment is less favorable to him, he must pay costs incurred after the offer was made.

So long as the offer does not explicitly or implicitly exclude costs, it is a valid offer.

Front 43

Affidavits or declaration that are submitted in support of a motion for summary judgment must . . . .

Back 43

Be made on personal knowledge, set forth facts that would be admissible in evidence, and show the affiant is competent to testify

Front 44

Standard for JMOL?

Back 44

Judgment as a matter of law may be entered if the court (must) finds that "a reasonable jury would not have a legally sufficient basis to find for the nonmoving party on that issue."

Front 45

What is time limit for RJMOL?

Back 45

It must be filed no later than 28 days after entry of judgment and the party making the renewed motion must have moved for JMOL at some time during the trial.

Front 46

Can a jury verdict be based on compromise?

Back 46

No - the jury must be given instruction to reconsider a new trial must ensue.

Front 47

Generally, the right to a jury trial is deemed waived if a party fails to demand a jury trial within 14 days after the service of the last pleading in which the jury-triable issue is addressed.

The Supreme Court has held that, in the absence of compelling reasons to the contrary, a court should _______ if the issue is _______.

Back 47

grant relief from the waiver

normally tried by a jury.

Front 48

If a federal trial judge believes that compensatory damages ordered by the jury are inadequate, she may:

Back 48

Not offer the defendant a choice of paying more than what the jury gave the plaintiff, but the inadequate damages may be the basis for a new trial