Jurisdiction & Venue
What are the three traditional bases for general personal jurisdiction over an individual?
Consent, domicile, and physical presence (continuous/systematic contacts or presence when served).
What four methods may be used to serve an individual under the Federal Rules?
State law, Agent, Individual (personal service), and Dwelling service (SAID).
What makes a counterclaim compulsory?
It arises out of the same transaction or occurrence as the plaintiff's claim.
What question does a court ask when deciding a motion for summary judgment?
Whether there is a genuine issue of material fact.
In a diversity case, federal courts generally apply federal law to what type of issues?
Procedural issues.
For specific personal jurisdiction to exist, what two constitutional requirements must be satisfied?
The claim must arise out of the defendant's contacts with the forum, and the defendant must have minimum contacts such that exercising jurisdiction does not offend traditional notions of fair play and substantial justice.
How long does a defendant have to answer after waiving formal service?
60 days after the request for waiver was sent.
When may a defendant implead a third party without first obtaining leave of court?
Within 14 days after serving the answer.
A party wants renewed JMOL after trial. What prerequisite must have occurred during trial?
The party must previously have made a motion for JMOL.
Under the Klaxon doctrine, whose choice-of-law rules does a federal court sitting in diversity apply?
The choice-of-law rules of the state in which the federal court sits.
A federal court has diversity jurisdiction only if what two requirements are met?
Complete diversity exists when the case is filed, and the amount in controversy exceeds $75,000.
How long does a plaintiff have to serve the complaint after filing it?
90 days.
What three discovery tools may be used against nonparties?
Only depositions and subpoenas. (A subpoena may compel testimony or document production.)
Within how many days after judgment must a motion for a new trial generally be filed?
28 days.
What four elements are required for claim preclusion (res judicata)?
Same claim, same parties (or privies), final judgment, and a judgment on the merits.
A defendant wants to remove a diversity case to federal court. What exception prevents removal even when diversity exists?
Removal is prohibited if any properly joined defendant is a citizen of the state where the action was filed (the forum defendant rule).
A party wants to amend its pleading after the 21-day amendment-as-of-right period expires. What must the party obtain?
The opposing party's written consent or leave of court, which should be freely given when justice requires.
When is attorney work product discoverable?
Only upon a showing of substantial need and undue hardship, but an attorney's mental impressions are never discoverable.
Federal courts recognize remittitur but not what similar doctrine?
Additur.
What four requirements must be met for issue preclusion (collateral estoppel)?
The same issue, actually litigated, actually decided, and necessary to the judgment.
A plaintiff files suit in the wrong federal venue. The court transfers the case to the proper venue. Which state's law applies after the transfer?
The law of the transferee court applies because the original venue was improper.
A plaintiff requests waiver of service. The defendant refuses without good reason. What consequence follows?
The defendant must pay the costs of formal service.
To intervene as of right, what four requirements must the proposed intervenor establish?
A timely motion, an interest relating to the property or transaction, impairment of that interest if excluded, and inadequate representation by existing parties.
A defendant appeared in the action but failed to answer. The plaintiff seeks a default judgment from the judge. How much notice must the defendant receive?
Seven days' notice.
A plaintiff voluntarily dismisses the same claim twice. What is the effect of the second dismissal?
The second dismissal is with prejudice, and the plaintiff may not refile the claim arising from the same facts.