Civil Procedure Review

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Jurisdiction that determines in what state a defendant can be sued.
Personal Jurisdiction type #1
Personal Jurisdiction type #2
Personal Jurisdiction type #3
Jurisdiction that allows the defendant to be sued in the forum on a claim that arose anywhere in the world
Jurisdiction that only allows the defendant to be sued for a claim that arises in the forum.
Case that provided the traditional bases for PJ
Traditional basis for Personal Jurisdiction #1
Traditional basis #2
Traditional basis #3
Traditional basis #4
Hess v, Paloski IPJ expansion
Case that allows for process to be served outside of the forum if a 2 part test is met.
International Shoe test Part #1
International Shoe test Part #2
Requirement for minimum contacts
Worldwide Volkswagen Requirement for service of Process out of state
Requirement for General Jurisdiction #1 - contacts
Requirement for General Jurisdiction #2 - Person
Requirement for General Jurisdiction #3 - Corporation
Corporation Citizenship Factor #1
Corporation Citizenship Factor #2
Non-Incorporated Business Citizenship
Statute that allows courts to have jurisdiction on parties served outside of the state
Long Arm Statute that deals with driving a car in state.
In Rem and Quasi in Rem Jurisdiction deal with jurisdiction over
The use of IR or QIR is okay as long as the property has been ______ before the case began
Must be included in Service of process #1
Must be included in Service of process #2
Service can be made by any___
Who is at least _____ years old
Choice #1 for service of human being
Choice #2 for service of human being
Choice #3 for service of human being
Choice #1 for service on a business
Choice #2 for service on a business
Notice must be _______ under all the circumstances to apprise the party of the proceeding.
Jurisdiction over a claim
SMJ type #1
SMJ type #2
SMJ type #3
Requirement #1 for Diversity Jurisdiction
Requirement #2 for Diversity Jurisdiction
Single plaintiff v. single defendant combination of all claims
Multiple party claims where it is okay to aggregate
HintAnswer
A plaintiff can get supplemental jurisdiction for a claim that would otherwise lack SMJ if it and the original claim share a
If the above test is met, this test is always met
USC statute that grants supplemental jurisdiction
USC statute that takes away supplemental jurisdiction
Kind of SMJ that 1367B affects
Party that 1367B does not affect
Doctrine that deals with what law a federal court should apply
Kind of SMJ that Erie affects
Kind of law that Erie says federal courts must apply in these cases
Tests for substantive law #1
Tests for substantive law #2
Tests for substantive law #3
Twin Aims of Erie #1
Twin Aims of Erie #2
Plaintiff's pleading
Defendant's pleading
Necessary piece of complaint #1
Necessary piece of complaint #2
Necessary piece of complaint #3
Pleading that gives enough detail to put the other side on notice
Pleading that lays out the facts of a case in addition
Amount of time defendants have to respond after receiving service of process
Response choice #1
Response choice #2
12(b)(1) Motion to Dismiss
12(b)(2) Motion to Dismiss
12(b)(3) Motion to Dismiss
12(b)(4) Motion to Dismiss
12(b)(5) Motion to Dismiss
12(b)(6) Motion to Dismiss
12(b)(7) Motion to Dismiss
12(b)(1) can be raised any ___ , including ___
12(b)(2-5) must be raised in the first____ , or else they are ____
12(b)(6-7) can be raised any time throughout the trial, except ____
Possible response in an Answer #1
Possible response in an Answer #2
Possible response in an Answer #3
Failure to deny is an
In addition to responding to the complaint, an answer may contain
Failing to plead affirmative defenses runs the risk of _____ them
The plaintiff can raise and join any ___ she has against the defendant
Joinder must still assess
Claim by the defendant against an opposing party
Counterclaim that arises from the same transaction or occurrence as the original claim, and thus must be made or it is waived.
A claim against a co-party that must arise from the same transaction or occurrence
HintAnswer
An court may grab an absentee if her _____ may be affected
Or if without her, ____ cannot be completely accorded among the parties
If joinder of a necessary party is not feasible through lack of personal or subject matter jurisdiction, either allow the case to _____
Or
Do not dismiss a case if the plaintive lacks an alternate, adequate _________
A defendant or counterclaimed plaintiff joins a new party
The absentee brings herself into the case
Initial Disclosure #1
Initial Disclosure #2
Discoverable information is information that you may use to _____ claims or defenses
Disclosure of everything you're going to use in trial
Questions asked and answers recorded under oath, can be used on a party or non-party
Written questions answered under oath that can only be used on parties
Written request for access to documents or tangible evidence that can be used on parties or non-parties
Discovery tool that can only be used against parties, and only with a court order that finds the subject relevant
Forcing the party to admit or deny discoverable matter
Discovery against a non-party must be done with a
Relevant for purposes of discovery - Anything that is reasonable calculated to lead to admissible _____
Non-discoverable information due to a relationship
Material that is prepared in anticipation of trial
This material cannot be discovered unless the seeking party shows
AND lack of otherwise
When assessing a motion to dismiss for failure to state a claim, a court will look only at the _____, not the ______
Declaration made under oath
Claim preclusion
Issue preclusion
Claim Preclusion Test Part #1
Claim Preclusion Test Part #2
Claim Preclusion Test Part #3
All judgments are on the merits unless they are based on #1
All judgments are on the merits unless they are based on #2
All judgments are on the merits unless they are based on #3
Majority view on same claim - Arises from the same
Minority view on same claim - Different claim for every ____ being invaded
CE Requirement #1 Case 1 had a
CE Requirement #2 Issue was
CE Requirement #3 Issue was
CE Requirement #4 Was the person against whom preclusion is being sought a
CE Requirement #5 Who is invoking
Non-mutual defensive collateral estoppel is okay as long as the party it is being sought agaisnt had a full chance to ______ in case 1
Non-mutual offensive collateral estoppel, majority view is that it is ___ okay, unless it is not unfair.
NMOCE Fairness factor #1 - Party against whom it is sought had a full chance to _______
NMOCE Fairness factor #2 - Party agaisnt whom CE is sought could _____ later litigation
NMOCE Fairness factor #3 - Party seeking to use CE could not have _____
NMOCE Fairness factor #4 - No _______ judgments on the record

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