Personal Jurisdiction
The type of jurisdiction where someone has systematic and continuous contacts
What is General Jurisdiction?
Determining residency of (1) individuals, (2) entities, and (3) non-residents
What is (1) Domicile, (2) Anywhere where they have personal jurisdiction, (3) Anywhere in the US
How long the the parties have to submit their discovery plan following the discovery conference
What is 14 days?
The three steps to a Joinder Analysis
What are (1) Adding a party or claim?; (2) What rule controls and how does is apply to the facts at hand?; and (3) Is subject matter jurisdiction established?
What is JMOL can be approved or denied prior to a trial ending, while RJMOL is ruled on after the verdict is complete?
The three types of Property Jurisdiction
What are quasi en rem type 1, quasi en rem type 2, and en rem?
The three steps to determine venue
What are (1) if all the D's reside in the same state in which district is located, venue is proper; (2) Any substantial number of events happened; (3) If 1 or 2 don't work, wherever D has personal jurisdiction?
Requirements of Spoilation
What are (1) the party with control over the evidence had an obligation to preserve it at the time it was destroyed; (2) the evidence was destroyed with a culpable state of mind; and (3) the destroyed evidence was "relevant" to the party's claim or defense such that a reasonable trier of fact could find that it would support that claim or defense?
Requirements for a compulsory counterclaim
What are (1) it arises out of the same transaction or occurrence and (2) it does not require adding another party?
What are: Remittitur - Damages are excessive, so accept a lower amount or face new trial; Additur - Losing defendant accept higher amount or face a new trial (allowed in state court only)
The Types of Personal Jurisdiction
What is (1) Specific, (2) General, (3) Property, (4) Tag, (5) Consent?
Rules that decide which body of law applies
What is Choice of Law?
Types of Discovery Devices (8)
What are initial disclosures, oral depositions, interrogatories, document requests, electronically stored information, mental/physical exams, informal discovery, and requests for admissions?
The consequences of failing to plead a counterclaim
What is the party will be precluded from asserting that claim in a later proceeding?
When you can file JMOL
What is after P's case in chief, D's case in chief, and P's rebuttal?
(1) Defendants Burden, (2) State's interest in adjudicating the dispute in court, (3) Plaintiff's interest in the chosen forum, (4) System's interest in efficient resolution, (5) The shared several state's interest in furthering social policies
The proper vehicle for challenging venue
What is Motion to Dismiss for Improper Venue?
Sanctions available to (1) Improper certification, (2) Failing to cooperate in discovery, (3) Failure to comply with a court order, (4) Spoilation of ESI, and (5) Multiplying Proceedings
What are (1) Expenses (att. fees); (2) Paying other side's expenses in bringing the motion; (3) facts taken as established, order preventing party from using documents, dismissal or default, striking pleadings, expenses (attorneys fees), etc.; (4) court can: (1) presume unfavorable; (2) instruct jury it was unfavorable; or (3) dismissal or default; (5) Can require payment of costs, expenses, and attorneys fees?
When joinder of a party is feasible (3 parts)
What are (1) The court is able to exercise personal jurisdiction over the party; (2) Joinder would not undermine the SMJ of the court; and (3) The party to be joined makes no valid objection to venue?
The standard between a new trial and JMOL
What are courts may not weigh the evidence when considering whether to enter JMOL while they are permitted when considering whether to grant a new trial?
The Specific Jurisdiction Test
What is (1) Is there a long arm statute at play; (2) Minimum Contacts Test - Contracts (Burger King & Calder), Stream of Commerce (O'Connor & Brennan), and Internet Contacts (Zippo & Calder); (3) do claims arise out of or relate to the D's contacts; (4) Burden shifts to D to show unfairness with fairness factors?
When a District Court may transfer a civil action to another district (3 parts)
What is when another district is more convenient, there is no requirement that the original venue was improper, and all parties have consented.
Attorney-Client Privilege protected communications
What are (1) the holder of the privilege is or sought to be a client, (2) the person who the communication was made to is a member of the bar or court or their subordinate, (3) communication relates to a fact of which the attorney was informed by his client, without strangers present, for the purpose of securing an opinion, legal services, or assistance in a legal proceeding; and (4) the privilege has been claimed and not waived?
What is persons with claims that may expose a plaintiff to double or multiple liability may be joined as defendants and required to interplead. A defendant exposed to similar liability may seek interpleader through a crossclaim or counterclaim?
Grounds for Relief from a Final Judgment (6 parts)
What are: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief? (1 year limit for 1-3)