Civ Pro Review

Erie Doctrine

100

Fill in the blank: Under the Erie Doctrine, Federal courts must apply the _______ and the _______ of the forum state...

State substantive law

and 

Federal procedural law 

200

If the state and federal law conflict, but are not directly on point, what phase is applied?

Phase 3

300

If the state and federal law conflict, but are directly on point, what phase do you go to? 

Phase 2

400

In what 2 cases is The Erie Doctrine is applied?

Diversity Jurisdiction cases (28 US.C. 1332) 

and

Supplemental jurisdiction cases (28 U.S.C. 1367)

500

What 4 tests are applied in the third phase of the Erie Doctrine?

Outcome Determinative Test

Countervailing Federal Interest

Twin Aims of Erie

State Created Rights & Obligations

Pleadings

100

What rule covers sanctions against attorneys?

Rule 11

200

What motion is a 12(c) motion?

Motion for judgment on the pleadings.

300

True or false: If a party claims they lack sufficient knowledge or info. to form a believe about a claim, it is treated as a denial. 

True

400

What is the name of the doctrine that permits amendments after the statute of limitations has expired?

Relation-back Doctrine

500

What is the plausibility standard?

There must be a reasonable inference that the defendant is liable for the alleged misconduct. 

Joinder

100

True or false: A compulsory counterclaim is against a co-party.

False.

200

True or False: Rule 20 requires parties to be joined to an action. 

False.

300

What is Third-Party Practice also called?

Impleader

400

What are the 4 prerequisites to bring a class action?

Numerosity

Commonality

Typicality

Adequacy 

NC Tennis Association 

500

What are the 4 elements of Intervention of Right (24(a))?

1. Intervention must be timely;
2. Intervenor must have an interest in the property or transaction that is the subject of the action;
3. Disposing of the intervener's claim will impair or impede its ability to protect its interest; and 
4. Intervenor's interest is not adequately represented by the existing parties.

Discovery

100

Name 3 sources of privileged information. 

 dr/Patient; 

husband/wife; 

attorney/client; 

social workers/clients; 

ministers/members.

200

What is the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation called?

Spoliation 

300

How many days must experts who are going to testify at trial be disclosed to the opposing side?

90 days

400

When can an expert who is not going to testify at trial be questioned to discover their opinions?

When there is a showing of exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means.

500

What are the 4 required disclosures? 

1. The name of the people that the disclosing party may use to support its claims or defenses (unless the use is solely for impeachment);
2. The documents, ESI, and tangible things that the party has in its possession that he may use to support its claims or defenses (unless the use is solely for impeachment);
3. A computation of each category of damages claimed by the disclosing party; and 
4. Any insurance agreement.

Ways to resolution without a trial

100

What judgment occurs when the defendant does not engage in the suit?

Default judgment 

200

What rule allows the plaintiff to dismiss an action before the defendant files an answer or motion for summary judgment?

Voluntary dismissal

300

What rule allows the court to dismiss a plaintiff's claim and act as an adjudication on the merits?

Involuntary dismissal

400

When is a summary judgment motion made?

Before trial.

500

When must the court grant summary judgment?

When the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgement as a matter of law.