Sufficient minimum contacts in general jdx looks at whether the def. has what 2 things?
Continuous and systematic contacts, contacts that render def. "at home" in the forum State(Goodyear) and if they have gen. jurisdiction def. may be sued on any claim even if unrelated to the contacts.
100
What was the goal of the Erie doctrine?
To discourage forum shopping and create uniformity in outcomes that are not dependent on whether the parties are diverse under USC 1332
100
Rule 4 governs this.
What is service.
100
I want to request your e-mails for discovery. This rule tells me how.
What is Rule 34.
200
This code section states explains that generally, any civil action brought in a state court that could have been brought in a federal court may be removed to federal court by defendant
What is What is 1441(a)
200
Sufficient min. contacts in specific jdx is?
What is Contacts related to the claim and must be purposeful. These contacts can be much more limited- the more the contacts are related to the lawsuit, the fewer contacts the court will require. (McGee v. International Life, Burger King v. Rudzewicz)
200
What is the first step to going through an Erie analysis?
What is Asking whether the rule is substantive or procedural.
200
Signing pleading, motions and other papers and sanctions are governed by
What is Rule 11
200
Rule 37 concerns
What is failures to make disclosures or to cooperate in discovery and the sanctions surrounding it
300
This provision informs us that a state court case that was filed in the defendant’s state cannot be removed to federal court.
What is What is 1441(b)(2)?
300
What is the first step in a personal jdx analysis?
Asking would the state's exercise of jdx comport with jdx long arm statute? 2. ask would the state's exercise of jdx comport with federal due process.
300
What test do the courts apply to determine whether a rule is substantive or procedural?
What is Outcome determinative test, interest balancing approach, Absolute outcome test, Deference to controlling Federal Rule test, Twin aims of Erie test
300
A motion for judgment on the pleadings is governed by
What is Rule 12(c)
300
I have to demand a jury trial?
What is Rule 38
400
A notice for removal must be filed in ___________.
What is What is federal court (1446(a)).
400
When looking at if the jurisdiction comports with federal due process, you ask what 2 things?
What is 1. was she present there? 2. was she served there?
400
What is the difference between the Outcome determinative test and the absolute outcome determinative test?
What is
Absolute test requires that the rules have a strong likelihood or even a certainty of affecting outcome are probably substantive (Byrd v. Blue Ridge). Outcome determinaitve requires that the rule has to only be likely to make a difference in result, if so than it was probably substantive (Guaranty Trust Co. v. York, Ragan v. Merchants).
400
Rule 26 explains this step in civil procedure.
What is discovery.
400
Rule 50 explains
What is judgments as a matter of law
500
A person must file a notice for removal within ___ days of receiving the pleading or other removal papers
What is What is 30. 1446 (b)
500
What are some of the fairness factors?
What is a. burden on defendant b. forum state's interest in adjudicating dispute c. plaintiff's interest in obtaining convenient and effective relief d. interstate judicial system's interest in obtaining most efficient resolution of controversies e. shared interest of several states in furthering fundamental substantive social policies etc.
500
On the exam, if you think a rule is procedural or substantive without a doubt, what do you do?
What is Go through the analysis using one of the test for each :)
500
If you want to find the rules for interrogatories you look in