Elemental
What is process?
What is a summons and complaint?
(service of process governs the by whom and on whom)
What are the characteristics of proper notice under the Mullane Standard?
What is "reasonably calculated" and "desirous of actually informing the absentee"?
This is the only form of action (FRCP 2)
What is the Civil Action?
Which party or parties can exercise the right of removal?
(A) Only P
(B) P and D
(C) P, D, and the court
(D) Only D
What is D?
This one time ... a college student got married in her hometown and when to grad school in Louisiana.
What is Mas v. Perry?
Elements of venue?
(1) a judicial district in which any D resides, if all Ds are residents of the state in which the district is located;
(2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred;
(3) if there is not district which may be proper, then any judicial district in which any D is subject tot he court's PJ w/ respect to such action.
What are all the waivable 12(b) defenses?
What is lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process?
(Failure to state a claim and failure to join an indispensable party are preserved until the case is submitted to the jury and are waived if submitted.)
(Nonwaivable: lack of SMJ)
The artful pleading rule states that a D cannot remove P's state law claim from state court to federal court simply by asserting a _______ that arises under ____ ____.
What is "counterclaim" and "federal law"?
Noreen is suing Sabrina in the great state of KingHall for battery (a civil claim). Noreen, having received the complaint and summons from the clerk, now needs to serve Sabrina. Noreen knows where Sabrina works and where Sabrina goes to school. To serve Sabrina, Noreen tapes the complaint and summons to the front door of both her school and her workplace, which is a state-endorsed method of service in KingHall.
Sabrina files a motion to dismiss for insufficient service. Would you grant or deny Sabrina's motion?
What is grant Sabrina's motion?
While Noreen used a state-endorsed method, this is probably not sufficient under the Mullane Standard.
This one time ... the Robinsons drove through Oklahoma...
What is World-Wide Volkswagen Corp v. Woodson?
What are all the grounds for a new trial and the respective timing for each?
What is..
(1) Mistake (1 year)
(2) Newly discovered evidence (1 year)
(3) Fraud (1 year)
(4) Judgment is void (reasonable time)
(5) Any other reason that justifies relief (reasonable time)
What is the "defendant-unanimity rule"? And how do you get around it?
What is "When a civil action is removed [based on diversity or federal question jurisdiction]... all defendants who have been properly joined and served must join in or consent to the removal of the action."
What is "snap removal?"
A required party is a person who is subject to _______ __ _______ and whose joiner will not deprive the court of SMJ must be joined as a party if . . . that person claims __ ________ relating to the subject of the action. . .
What is "service of process" and "an interest"?
Sabrina is suing Noreen for an alleged battery at King Hall. Sabrina alleges Noreen hit her with a Shohei Ohtani signed baseball bat that he used at 2024 World Series. Sabrina serves Noreen with RFAs (requests for admissions). One request read: "Did you purchase a genuine Ohtani baseball bat for $10K?"
Noreen could not remember how much she purchased the bat for nor could she remember if it was real. In responding to the RFA, Noreen simply skipped this one.
What was the effect of Noreen's response?
What is "by failing to admit or deny, Noreen has admitted to that allegation"?
See FRCP 8(b)
This one time...Brent sought a model plane's engine design through the Freedom of Information act
Taylor v. Sturgell (Claim preclusion - privity requirement)
Elements for Claim Preclusion?
What is...
(1) Prior action concluded in a valid, final judgment on the merits;
(2) Claim in the subsequent action must be the same as the claim that was raised or should have been raised in the previous action;
(3) Parties are identical or in privity with parties in the first action.
What is the difference between remittitur and additur?
What is...
Remittitur: the judge can give the prevailing party the option of accepting a reduced, more appropriate damages award or face a new trial (constitutional)
Additur: asking a losing D to accept a verdict for a higher amount or face a new trial (unconstitutional)
A plaintiff seeking a preliminary injunction must establish that he is ____ __ _____ __ ___ _____, that he is ____ ___ ____ ____ _____ in the absence of preliminary relief, that the ______ ___ ________ tips in his favor, and that an injunction is in the ______ _____"
What is..
"Likely to succeed on the merits," "likely to suffer irreparable harm," "balance of equities tips in his favor", "public interest"
Under Federal Rule 41(b), _______ are grounds for a court to order an involuntary dismissal against a plaintiff.
(A) The failure to prosecute the case, to comply with the Federal Rules, or to comply with a court order
(B) The failure to comply with the Federal Rules or to comply with a court order only
(C) The failure to prosecute the case or to comply with the Federal Rules only
(D) D The failure to prosecute the case or to comply with a court order only
What is D?
This one time...a federal court said they had jurisdiction over a question over a bank.
Osborn v. Bank of United States
Factors under Rule 64 to Determine if the Prejudgment Decision/Statute Complies with Due Process?
What is...
(1) Private interest affected by prejudgment
(2) Risk of error in deprivation + probable value of add'l or alternative safeguards
(3) Principal attention to interest of party seeking prejudgment remedy
What are the main differences (standard and what the court must do) between Summary Judgment and Judgment as a Matter of Law (JMOL)?
What is...
Summary Judgment:
- Standard is "no genuine dispute of a material fact"
- Movant is ENTITLED to judgment as a matter of law
JMOL:
- Standard is "no reasonable jury would find for given the sufficiency of the evidence"
- Court MAY grant
A pleading that states a claim for relief must contain:
(1) short and plain statements of ____ for the _____'s _______.
(2) a short and plain statement of the claim showing the _____ is ______ to ______.
(3) a ______ for the ______ _______.
What is...
(1) "grounds for the court's jx"
(2) "pleader is entitled to relief"
(3) "demand for the relief sought"
Ashley filed the following complaint against Jessica: “The court has jurisdiction on the basis of diversity. On Jan. 1, 2002 the plaintiff gave the defendant $100,000. The defendant has not returned the $100,000 to the plaintiff. Wherefore the plaintiff demands judgment for $100,000.” Upon receiving the complaint Jessica moves to dismiss the complaint for failure to state a claim under Rule 12(b)(6). How should the court rule? How could Ashley amend her complaint to fix it?
Even if the court took the complaint to be true, the complaint does not allege the harm (was Jessica obligated to return it? Was it a gift? Was it a loan?). Unless Ashley amends her complaint to make these or similar allegations, the complaint, as it currently exists, fails to state a claim that entitles her to any relief.
This one time... Richard sued two "unknown officers" without knowing their names
What is Worthington v. Wilson (lack of knowledge in naming ∆s is not a "mistake" under Rule 15C Relation-Back)