Pleading
What is the difference between Code Pleadings and Notice Pleadings?
Code pleadings needed lots of details and facts to support the claim. Notice Pleadings only need to show a claim for relief (8(a)).
How many depositions and how long may depositions last per day?
10 and 7 hours per day
When is the last time to file for summary judgment?
30 days after the completion of discovery.
This case(s) established the plausibility standard.
Twombly & Iqbal
This sanction tool requires an improper purpose, or without reasonable inquiry, and a signature, but can't be used for discovery.
Rule 11
This rule allows a party to amend once "as a matter of course" within 21 days.
Rule 15(a)(1)
Discovery must be relevant, nonprivileged, and BLANK under Rule 26(b)(1)?
Proportional
Summary judgment is granted when there is no genuine dispute as to BLANK
Any material fact
This case created the work product doctrine?
Hickman v. Taylor
This sanction tool allows courts to sanction an attorney who "unreasonably and vexatiously" multiply proceedings.
28 U.S.C. § 1927
Under Rule 12(h)(1), these defenses are lost if not raised in the first response.
Rule 12(b)(2-5) | personal jurisdiction, improper venue, insufficient process, insufficient service of process
Can a nonparty be required to fill out interrogatories, and if so, then how?
No. Interrogatories may only be available to parties. However, a non-party can be deposed through a subpoena (Rule 45).
Under which other rule is it treated like summary judgment?
Rule 12(d)
In the Walmart v. Dukes case, the P failed to satisfy which requirement under Rule 23(a)?
Commonality & predominance. RBG Dissent: They did have commonality but did not have predominance, and the majority combined the two.
Which amendment to Rule 11 created "Rambo-style" motions (you file against me, I'll file against you)?
1983
A compulsory counterclaim may state a claim as long as it arises out of the same transaction or occurrence that is subject matter to the opposing party's claim.
A party must meet and confer under this rule before formal discovery begins.
Rule 26(f)
If a motion for summary judgment is granted, the case will be dismissed because it is a dispositive motion.
False, b/c you can have summary judgment on a single issue of the case.
This case held that 10 employees alleging discrimination could join because their claims arose from a "logical relationship"
Mosely v. General Motors Corp | (Rule 20)
Courts resort to this sanctioning tool only when there is no other tool, and it requires a showing of bad faith (high standard).
Inherent Power
Rank these pleading standards from easiest to achieve to hardest. (plausibility, particularity, possibility)
In order to get a court to grant a Rule 35 motion, a party must show BLANK.
"good cause" and "in controversy"
Which professor criticized the Adickes summary judgment standard by arguing that the movant should not have a burden greater than the one it would face at trial?
Prof. Currie
What rule did Celotex clarify about the movant's burden on summary judgment under Rule 56?
That a party may win by showing the other party lacks evidence on an essential element of their claim.
This rule sanctions improper discovery requests, reponses, or objections and requires siganture on discovery documents.
Rule 26(g)