Civil Procedure Exam
Subject matter JX - ANSWER-Subject matter jx (-SMJX) - refers to the court's ability to hear a type of case. The lack of SMJX is not waived by failing to raise it at trial; it may be raised for the first time even on appeal. In federal court, there are two main bases for ori...
Civil Procedure Exam
Subject matter JX - ANSWER-Subject matter jx (-SMJX) - refers to the court's ability to
hear a type of case. The lack of SMJX is not waived by failing to raise it at trial; it may
be raised for the first time even on appeal. In federal court, there are two main bases for
original federal SMJX; federal question jurisdiction and diversity jx. Each claim asserted
in federal court may have an independent basis for federal SMJX, but not that, if the
claim does not satisfy the requirements for Federal question jx or Diversity jx, it might be
possible to hear the claim in federal court under the court's suppl mental jx.
.1) On whom may requests for admission be served?
2) What are possible answers and consequences of those answers? - ANSWER-1)
Parties ONLY, never non-parties.
2) If ∆ fails to deny specifically or object to the request, he is deemed to have admitted
it. If responding party says she does not know the answer, she must have made
reasonable inquiry.
.1) Under which of the three types of class action certifications may a class member opt
out?
2) For which types of class actions is notice required? - ANSWER-1) ONLY in Type 3.
2) Notice NOT required in prejudice or injunction cases, but IS required in common
question cases.
.1) What are interrogatories?
2) To whom can you send interrogatories?
3) How long does the party have in which to respond with answers or objections?
4) Can you respond by saying you don't know?
5) What is the maximum number of interrogatories? - ANSWER-1) Written questions to
be answered in writing under oath.
2) PARTIES only, never non-parties.
3) 30 days from SERVICE
4) You must answer from information reasonably available to you. More demanding
than a deposition.
5) 25, including subparts
.1) What is a request to produce?
2) Is it limited to parties?
3) In what form is ESI produced? - ANSWER-1) A request that someone make available
for review things.
2) Parties only, but you can get the same things from non-parties by subpoena.
3) Requesting party specifies form, but the other party can object.
.1) What is unique about requesting medical exams in discovery?
2) Who can be ordered to undergo a medical exam?
3) Who may request results of the exam? - ANSWER-1) You MUST get a court order
and show: (a) the person's health is in actual controversy, AND (b) good cause.
,2) A party or someone in the party's CUSTODY or LEGAL CONTROL (i.e., NOT
employees of employers, but children).
3) The person examined may request it, but will have to submit his own doctor's exams
too.
.1) What must a party moving for summary judgment show?
2) What is the deadline for moving for SJ? - ANSWER-1) Party must prove:
(a) No dispute as to any material fact, AND
(b) She is entitled to JMOL
2) NO later than 30 days after the close of discovery, because the court looks at the
evidence (not pleadings generally unless verified or ∆ fails to deny).
.A failure to file a "return of service" report results in what? - ANSWER-It does NOT
affect validity of service, it just may make it harder to prove service was effected.
.A federal district court may only transfer a case to another district court where that
court: - ANSWER-1) Is a proper venue, AND
2) Has PJ over the ∆.
OR
3) All parties consent (even an improper venue) if all parties consent and the court finds
cause.
.Against whom can issue preclusion be asserted? - ANSWER-Against someone who
was a PARTY to Case 1.
.Against whom may Rule 11 sanctions be ordered? - ANSWER-Party, attorney or firm.
BUT not a party in the case of nonfrivolous legal arguments requirement.
.Are interventions of right or permissive? - ANSWER-They can be either, if
1) Of right: absentee's interests may be harmed if she is not joined,
2) Permissive: absentee's have at least one common question. Discretionary and
usually okay unless intervention will cause delay or prejudice.
.Big Picture for Civ Pro - ANSWER-"Please Sue Vendors Selling Putrid Jam.
Definitely Place Calls To Authorities Immediately."
-Personal jurisdiction
-SMJ - removal, supplemental
-Venue (which specific ct)- transfer, forum NC
-State law - Erie
-Pleadings (proper?)
-Joinder
-Discovery
-Pretrial Adjudications
-Conferences and Meetings
,-Trial
-Appeals
-Issue and Claim Preclusion
.By whom can issue preclusion be asserted? - ANSWER-1) BY someone a party to
Case 1.
2) Nonmutual DEFENSIVE assertion is ok: the party using it was not a party to Case 1
and is ∆ in case 2.
3) Nonmutual OFFENSIVE assertion is unclear, some courts will allow if not "unfair": the
party using it was not a party to Case 1 and is π in Case 2.
.CA PJ - ANSWER-In CA, there are two types of PJ 1) general PJ (jx over the D for all
causes of action with domicile required and
--For general jx to be permissible, the D must be at home in the state. For individuals
this means that the D must be domiciled in the state.
2) specific PJ (jx over the D only for the cause of action specified in the P's complaint).
.CA PJ: - ANSWER-Satisfies the statute (long-arm statute reaches the constitutional
limit, and satisfies the due process requirements of the Constitution.
.CA Pretrial Adjudications: - ANSWER-"DID FM"
Dismissal - involuntary and voluntary
Default - and default judgment
Failure to plead facts constituting a COA
Motion for SJ
.CA Scope of Discovery - ANSWER-Not Work Product (unless substantial need/na
unless mental impression/conclusions)
Privilege (Not)
Relevant - reasonable calculated to lead
Experts
.CA Service of Process - ANSWER-CA authorizes several methods of service of
process in CA, one of which is personal delivery to the defendant. However, CA
requires the process server to be a least 18 years old and not a party to the action.
.CA Service outside the U.S. - ANSWER-In CA, in addition to any manner authorized for
in-state service, service outside the U.S. may be made 1) as the court directs or 2) if the
court finds that the service is reasonably calculated to give actual notice, as directed by
the law of the place where the person is served or by th eforeign authority in response
to a letter of request.
-An international treaty, such as the Hague Service Convention, also may govern servie
in signatory countries.
, -Mailing is an authorized method of service of process in CA only as part of a request
for waiver of process. THe cout must grant permission to use ordinary mail as an
alternative method of service. (mail may be used for defendants who are out of state but
within the United States).
.CA SMJ - Civil Classifications: - ANSWER-Limited: $25,000 or less (limited discovery,
no special demurrer) [must flag this on complaint]
Unlimited: $25,001 or more (including equitable)
Small claims: individual π: $10,000 or less; π-entity: $5,000 or less.
Reclassf'n: automatic (amends complaint) or on motion by party/judge.
Multiple claims: aggregate one π's claims; one Δ, one π must have unlimited to be
unlimited; and π's limited, then Δ's cross-complaint must be unlimited.
.CA SMJ: - ANSWER-Superior Court can hear anything (even if diverse or FQ), except:
"B FAP"
Bankruptcy
Federal securities
Antitrust
Patent infringement
.CA Specific JX - ANSWER-CA broad long arm statute is unlimited, meaning that a
court in CA may exercise J over an out-of-state D not inconsistent with the United
States Constitution and CA constitution. The constitutional standard is that the D must
have sufficient purposeful minimum contacts with the state such that the exercise of
personal JX over the D would be fair and reasonable.
.CA Venue - ANSWER-In a personal injury case, venue is proper
1) in the county in which any D resides at the commencement of the action and
2) in the county which the injury occurred.
.CA Venue Transfer - ANSWER-where og venue improper: make motion with or before
answer, demurrer, or motion to strike.
.CA Venue Transfer, where og venue proper: - ANSWER-Factors: "IC No Judge
Qualifies"
-Impartial trial cannot be had
-Convenience
-No judge qualified.
-Parties agree on a county, or if no agreement, court chooses.
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