CivPro - Definitions
What is an Enumerated Statute?
Type of Long-Arm Statute that gives definitions of conditions and scenarios in which state can exercise personal jurisdiction
Explain the difference between Counterclaims, Crossclaims, and Third-Party Claims
CC: claim by Def against Plf or 3PD against 3PP
XC: claim by Def against Co-Defendant
3PC: Claim by Def that brings another party into the suit
What is the "Minimum Contacts" standard?
There has to be at least one contact, but often several are required, and there has to be enough contact to make it “fair” to compel a person or entity to defend a lawsuit in the forum state.
Which case held that federal courts hearing state-law claims must apply all state "substantive" law related to those claims, regardless of the source of the law?
Erie
What types of discovery exist in federal court (that we've covered) - explain each of the 5 types
1. Mandatory Initial Disclosures
2. Interrogatories
3. Requests for Production
4. Depositions
5. Physical or Mental Examinations
What is an in rem lawsuit?
A dispute about property located in a forum state where ownership is determined against all possible claimants (such as Eminent Domain action)
Under Rule 4, what must be served with the Complaint and who may serve it?
Summons - Any person who is at least 18 years old and not a party may serve a summons and complaint.
What is the 100-mile bulge rule?
A summons can be served on a party joined under Rule 14 or 19 and is served within a judicial district of the United States and not more than 100 miles from where the summons was issued
Which case overturned Hanna and established the "well-pleaded" facts standard?
Twombly
1. Reasonable inquiry was undertaken
2. Disclosures are complete and correct
3. For requests, responses, and objections, it certifies that legal positions are sound, there is no improper purpose, and it is proportional
What kind of jurisdiction is linked to the claim, not the parties?
Specific Personal Jurisdiction
Under Rule 7, Pleadings include (6-part answer):
1. Complaint
2. Answer to Complaint
3. Answer to Counterclaim
4. Answer to Crossclaim
5. 3rd Party Complaint
6. Answer to 3rd Party Complaint
Corporations are at home in states where they are / have:
1. Incorporated
2. Principle place of business / Company Headquarters
3. Contacts that are so systemic, continuous, and substantial as to fairly be called at home.
True or False: Under Twiqbal, all well-pleaded facts are assumed to be true for the purpose of ruling on a Motion to Dismiss
True
What must be disclosed in Initial Disclosures?
1. Name & contact info for each person likely to have discoverable information
2. A copy or description by category and location of all documents, ESI, and tangible things
3. A computation of each category of damages claimed by disclosing party
4. insurance agreements
What does "Sua Sponte" mean?
On the Court's initiative
Under Rule 13, which kind of counterclaims must be asserted?
Compulsory Claims: A pleading must state as a counterclaim any claim that - at the time of its service - the pleader has against an opposing party if the claim arises out of the transaction or occurrence that is the subject of the opposing party's claim and does not require adding another party over whom the court cannot acquire jurisdiction.
What are the 5 ways that a party consents to personal jurisdiction?
1. Defendant consents or waives right to object
2. Plaintiff implicitly consents to PJ in the forum state in which they file
3. Forum-selection clauses in contracts
4. Voluntarily appointment of agent to accept service in forum state
5. Involuntary appointment of agent to accept service in forum state
What rule did Hanna result in? (Basic statement of more complex rule)
If there is a direct clash between federal and state law, apply the federal law
Name 6 reasons that discovery sanctions may be imposed
1. Violating discovery certification requirements
2. Violating a court order to provide discovery
3. Not responding to / not producing in response to discovery request
4. Refusing to file disclosures
5. Not supplementing responses or disclosures when incorrect or incomplete
6. Failing to preserve discoverable information
What was a Demurrer and what is the current equivalent?
A pleading stating that even if the facts are true, they are insufficient for the plaintiff to state a claim for relief.
Current equivalent: Motion to Dismiss
Under Rule 12, what defenses must be asserted in the first responsive pleading or in a motion prior to the first responsive pleading? (7-part answer)
1. Lack of subject-matter jurisdiction
2. Lack of personal jurisdiction
3. Improper Venue
4. Insufficient Process
5. Insufficient Service of Process
6. Failure to state a claim upon which relief can be granted
7. Failure to join a party under Rule 19
Name the 5 parts of the Asahi Framework
What 3 types of allegations are filtered out under Twiqbal, leaving the "well-pleaded" facts?
1. Pure statements of the law
2. Conclusory statements (most susceptible to manipulation by court)
3. Patently ridiculous statements
Name 6 types of sanctions that may be imposed for violation of a court order relating to discovery
1. Ordering payment of the other party's atty fees caused by violation
2. Prevent the disobedient party from supporting or opposing claims, or introducing evidence
3. Order that certain facts are established, either presumptively or conclusively
4. Strike Pleadings
5. Dismiss the case or enter default judgment
6. Find the person in contempt (civil or criminal)