CIV PRO YAY

Cases

100

Ashcroft v Iqbal 

• Complaint should have FACIAL PLAUSIBILITY
• If all facts are true there must be a legal remedy
• Does not assume legal conclusions are true
• Does not allow “formulaic recitation of elements”
• Does not allow “naked assertions devoid of further factual enhancement”

200

Goodyear v. Brown

• Goodyear is an Ohio company that could not be sued in North Carolina because they were not at home in that state. The accident happened overseas, and the tires were rarely sold in NC. These were not sufficient connections. General Personal Jurisidiction

300

Beek v. Aquaslide and its Importance

- Big long tort case about faulty waterslide. Then the waterslide company, aquaslide, was actually like we didn't manufacture this water slide, can we amend the complaint. Court was like sure because it arose from the same transaction or occurrence. Relate back Doctrine

It allows an amended pleading to be treated as though it was filed on the date of the original pleading "when justice so requires"

• Amendment must relate back to the date of the original pleading

For an amendment to relate back it must assert "a claim or defense that arose out of the conduct, transaction, or occurrence set out in the original pleading

400

McGee v Life Insurance

• There was specific jurisdiction because insurance company mailed California resident certificate and insured him, availing itself to the state and establishing certain minimum contacts. This case is an example of an extreme that specific personal jurisdiction can go to.

500

Marvel Characters Inc. v. Kirby

- the court ruled that because the other sibling's interests were being represented that they were actually just a premissive joinder and the case could be litigated without them.

Rules

100

Rule 4 c 2

 Person who serves has to be over 18 and a non party

200

Rule 56

Summary Judgment

300

Rule 59

• a new trial can be granted. Mainly because of flawed procedures or flawed verdicts
• A judge may grant a new trial when the verdict is against the great weight of the evidence
• Conditional New Trials
• New Trial Limited to damages
• Remittitur. Judge orders new trial unless P agrees to accept reduced damages
• Additur. Unless D agrees to accept increased damages

400

Rule 33

Interogatorries

500

Rule 13

- Defendant joinder of cross claims

Cases

100

Jones v Bock 

• Failure to Exhaust is an affirmative defense
• Whoever has the burden of pleading the claim also has the burden of production
• When asserting defense, the asserting party has burden of production

200

Baidoo v Blood-Dzraku 

• Facebook service case. The plaintiff did due diligence trying to serve him in other ways but could not. It was permissible as long as she called and texted him as well to notify him of the summons.

300

Szendrey- Ramos v. First Bancorp

- Complex state issues made the court decline supplemental jurisdiction over the case

400

Keller Logisitics Group, Inc v. Navistar

- Removal

- Plaintiff only kept defendant on in bad faith so the case couldn't be removed

500

Untied States v. City of Los Angeles

- talking about intervention

- Jr. Cops could intervene in said court because they had intervention as a matter of right

- Denied the communities motion to intervene

Rule 24 a and b

Rules

100

Rule 12 F

Motion to Strike

200

Rule 18

Joinder of claims

300

Rule 14 and Case for double points

Defendant can assert a claim against a third party if the defendants liability was reliant on the third party.

Price  v. CTB Inc.

400

Rule 19

Compulsory Joinder

500

Rule 24

Intervention

Fun

100

Whats Austin's Cats name?

Robin

200

What is the best Horror movie to come out in 2017? (Hint: It is a modern-day masterpiece)

Get Out

300

What is a group of crows called?

A murder

400

Pickles are good? Yes or No?

Yes

500

Lie, Truth, or Half-Truth: Austin used to have a pet hamster and he would bowl with it.

True