The Rules
Former Adjudication
Catch Phrase
Amount in controversy
Prof Hess
100
"Failure to state a claim upon which relief can be granted"
What is 12(b)(6)
100
Also called collateral estoppel
What is issue preclusion.
100
"Traditional Notions of Fair Play and Substantial Justice"
What is Minimum Contacts
100
Jurisdiction exists unless there is a _______________
What is "legal certainty that the claim is for less than the jurisdictional amount".
100
The motto of his undergraduate university.
What is "Fight On!"
200
Summary Judgment
What is Rule 56
200
This would be raised as an affirmative defense under rule 8(c)
What is res judicata.
200
"State substantive law and federal procedural law"
What is the Erie Doctrine
200
May aggregate claims against a single defendant if there exists a common and undivided interest.
What is "Multiple plaintiffs"?
200
Professor Hess holds a fellowship from Hofstra University School of Law and this law school.
What is Michigan Law School.
300
While the Constitution gives the federal courts authority to hear "federal question" cases, this part of the United States Code provides that the federal courts have jurisdiction over "all civil actions arising under the Constitution, laws, or treaties of the United States"
What is 28 USC sec. 1331?
300
Res Judicata requires (1) same claim; (2) judgment on the merits; (3) final judgment, and this.
What is same parties.
300
This "exists in any judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought"
What is venue?
300
The amount of controversy must be at least this.
What is in excess of $75,000.
300
Professor Hess was the captain of this sport in high school and college.
What is wrestling.
400
Signing Documents / Sanctions
What is Rule 11
400
This is the case where the supreme court set forth four factors for non-mutual collateral estoppel.
What is Parklane
400
"There is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law"
What is Summary Judgment
400
May aggregate all claims against a single defendant.
What is "a single plaintiff"?
400
Professor Hess has this many siblings.
What are three.
500
Joinder of Claims
What is Rule 18
500
Collateral Estopell requires the following: (1) Same issue; (2) actually litigated; (3) necessarily decided, and this.
What is actually decided.
500
"Forbids a party from relitigating a claim that was or should have been raised in prior litigation"
What is res judicata
500
May only aggregate claims if they are for a single loss or injury.
What is a "single plaintiff against multiple defendants"
500
Professor Hess' favorite legal comedy.
What is My Cousin Vinny.