Choice of Law
This type of choice of law determines whether a court should apply federal or state law in diversity cases.
What is vertical choice of law?
According to FRCP Rule 8(a), what three things must a complaint include?
What is (1) a statement of jurisdiction; (2) a short & plain statement of the claim; (3) a demand for relief?
What FRCP governs the joinder of claims in a single lawsuit?
What is Rule 18?
What Rule governs Duty to Disclose?
What is Rule 26?
What Rule governs Dismissal of Actions?
What is Rule 41?
This type of issue establishes a party's rights or remedies.
What is substantive?
Rule 9 sets out special requirements for pleading matters involving these certain issues.
What is fraud or mistake?
What rule governs (a) permissive joinder of parties, and which governs (b) required joinder of parties?
What is (a) Rule 20 and (b) Rule 19?
What specific Rule under Rule 26 governs Discovery Scope and Limits?
What is Rule 26(b)
What Rule governs Notice dismissal?
What is Rule 41(a)(1)(A)(i)?
This Act states that the laws of the several states shall be regarded as rules of decision in civil actions in federal courts, unless the Constitution or federal law requires otherwise.
What is the Rules of Decision Act ("RDA")?
Under this standard of pleading, courts consider not only any laws the pleader has relied on in the complaint itself but also any other applicable law that would entitle her to relief based on the facts alleged in the complaint.
What is Notice Pleading?
Under what rule can additional parties be joined to a counterclaim or crossclaim?
What Rule governs Expert Testimony Disclosures?
What is Rule 26(a)(2)?
What is the presumptive effect of: (1) Notice, (2) Stipulation, and (3) Leave of Court?
What is: (1) w/o prejudice the 1st time, with prejudice the second; (2) w/o prejudice (unless stipulation provides otherwise); and (3) w/o prejudice (unless order provides otherwise).
According to Klazon, a federal court must apply these rules to determine which state's substantive law to apply.
What are the choice of law rules of the state in which the court sits?
This rule expressly permits pleading alternatively or hypothetically and states that "if a party makes alternative statements, the pleading is sufficient if any one of them is sufficient."
What is Rule 8(d)(2)?
Under what circumstances is a plaintiff permitted to implead a third party, according to Rule 14(b)?
What is: A plaintiff can implead a third party only if a counterclaim has been asserted against them.
What Rule governs when Discovery May be Limited?
What is Rule 26(b)(2)(C)?
Under Rule 41, what three scenarios would a plaintiff's action be dismissed?
What is: (1) P fails to prosecute; (2) P fails to comply with rules; (3) P fails to comply with court order.
What are the three questions for horizontal choice of law?
What are (1) How do courts determine which state's law to apply? (2) Which state's choice of law rules should a court use? (3) How does a court determine the content of law in another state?
Detail the three certification requirements outlined in Rule 11.
What is: Rule 11(b) requires attorneys or unrepresented parties to certify that the pleading is (1) not for an improper purpose, (2) the legal claims are warranted, and (3) the factual allegations have evidence or are likely to, after discovery.
Under Rule 19, a party must be joined if what?
What is: A party must be joined if (A) complete relief cannot be granted without their participation; (B) the absentee claims an interest to the subject of the action & is so situated that their absence may (i) impair/impede the person's ability to protect the interest; or (ii) leave existing party subject to inconsistent obligations.
What are the three avenues for initial disclosure?
What is: (1) stipulation; (2) court order; (3) object during a conference AND ensure that objection gets included in the conference report that is submitted to the court?
Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by _______?
What is: only by court order. (Rule 41(a)(1)(B)).