STUVIA
CIVIL PROCEDURE
1.) Conflict (or Choice of Law) rules
2.) elements of a claim or defense
3.) SOL
4.) Standard for granting a new trial because of jury damages
*If issue is not one of the above, use substantive issue tests -✔✔Substantive Issues
1.) Contact
-D's purposeful availment to the forum state
-foreseeable that D can be sued in the forum
2.) Relatedness
-P's claim arises from or relates to D's contact with forum state (if yes, Specific PJ; if
no, General PJ but D must be at home in the forum)
%
-Tag jurisdiction - If voluntary present in state when served with process
3.) Fairness (Specific PJ only)
-Burden on D and witnesses, state and P's interest -✔✔Factors to Determine if D has
Minimum Contacts to Satisfy Constitutional Analysis of PJ
1.) Must arise from same transaction or occurrence, OR
2.) raise a common question of law or fact -✔✔Claim Joinder by Multiple Ps or
Against Multiple Ds
1.) Numerosity
(Too many class members for a practicable joinder)
2.) Commonality
(some issue in common to all class members)
,STUVIA
3.) Typicality
(class rep's claim are typical of the claims of the class)
4.) Representative Adequate
(class rep will fairly and adequately represent the class -✔✔Qualifying for Class
Action
1.) Outcome Determinative
-Use state law if it will affect outcome of case
2.) Balance of Interests
-Use law with the stronger interest
3.) Avoid Forum Shopping
-Use state law if it prevents parties from flocking to federal court -✔✔Substantive
Issue Tests
1.) statement of grounds for SMJ
%
2.) short and plain statement of claim showing P is entitled to relief
3.) Demand for relief sought
Complaint must plead sufficient facts to support a plausible claim which is determined
by judge's experience and common sense -✔✔What must be included in a
Complaint?
1) Matters of law: de novo standard
2) Findings of fact (jury trial): affirmed unless reasonable people could not have made
that finding
3) Findings of fact (bench trial): affirmed unless clearly erroneous
4) Matters of discretion: judge affirmed unless district judge abused her discretion
-✔✔Standards of Review on Appeal
A court may force a nonparty ("absentee") to join the case if:
1.) w/o absentee, court cannot accord complete relief,
2.) absentee's interest may be harmed if not joined, or
, STUVIA
3.) absentee claims an interest that subjects a party to risk of multiple obligations
If joinder of absentee is not feasible, court must determine if it can proceed without him
or dismiss the entire case
1.) other forum available?
2.) likelihood of actual harm to absentee?
3.) can court shape relief to avoid harm to absentee? -✔✔Necessary and
Indispensable Parties
A court order is required to compel a party to submit to a medical exam
-Requesting party must show person's health is in actual controversy and good cause
-Person undergoing exam waives doctor-patient privilege -✔✔Discovery - Medical
Exam
%
A D who goes to a certain state as a party, witness or as an attorney for another case,
D cannot be served with process for a case in federal court of that state -✔✔Who is
immune from service of process?
A nonparty absentee uses intervention to bring herself into the case in order to assert
or defend claim
Intervention of Right: Absentee's interest may be harmed if she is not joined and
interest is not adequately represented by current parties
Permissive Intervention: Absentee's claim or defense and pending case have a
common question of fact or law and within court's discretion to allow -✔✔Intervention
A party may demand a jury in writing no later than 14 days after service of Answer
If party fails to respond in time, she waives her right to a jury trial -✔✔Right to a Jury
Trial in Federal Court
CIVIL PROCEDURE
1.) Conflict (or Choice of Law) rules
2.) elements of a claim or defense
3.) SOL
4.) Standard for granting a new trial because of jury damages
*If issue is not one of the above, use substantive issue tests -✔✔Substantive Issues
1.) Contact
-D's purposeful availment to the forum state
-foreseeable that D can be sued in the forum
2.) Relatedness
-P's claim arises from or relates to D's contact with forum state (if yes, Specific PJ; if
no, General PJ but D must be at home in the forum)
%
-Tag jurisdiction - If voluntary present in state when served with process
3.) Fairness (Specific PJ only)
-Burden on D and witnesses, state and P's interest -✔✔Factors to Determine if D has
Minimum Contacts to Satisfy Constitutional Analysis of PJ
1.) Must arise from same transaction or occurrence, OR
2.) raise a common question of law or fact -✔✔Claim Joinder by Multiple Ps or
Against Multiple Ds
1.) Numerosity
(Too many class members for a practicable joinder)
2.) Commonality
(some issue in common to all class members)
,STUVIA
3.) Typicality
(class rep's claim are typical of the claims of the class)
4.) Representative Adequate
(class rep will fairly and adequately represent the class -✔✔Qualifying for Class
Action
1.) Outcome Determinative
-Use state law if it will affect outcome of case
2.) Balance of Interests
-Use law with the stronger interest
3.) Avoid Forum Shopping
-Use state law if it prevents parties from flocking to federal court -✔✔Substantive
Issue Tests
1.) statement of grounds for SMJ
%
2.) short and plain statement of claim showing P is entitled to relief
3.) Demand for relief sought
Complaint must plead sufficient facts to support a plausible claim which is determined
by judge's experience and common sense -✔✔What must be included in a
Complaint?
1) Matters of law: de novo standard
2) Findings of fact (jury trial): affirmed unless reasonable people could not have made
that finding
3) Findings of fact (bench trial): affirmed unless clearly erroneous
4) Matters of discretion: judge affirmed unless district judge abused her discretion
-✔✔Standards of Review on Appeal
A court may force a nonparty ("absentee") to join the case if:
1.) w/o absentee, court cannot accord complete relief,
2.) absentee's interest may be harmed if not joined, or
, STUVIA
3.) absentee claims an interest that subjects a party to risk of multiple obligations
If joinder of absentee is not feasible, court must determine if it can proceed without him
or dismiss the entire case
1.) other forum available?
2.) likelihood of actual harm to absentee?
3.) can court shape relief to avoid harm to absentee? -✔✔Necessary and
Indispensable Parties
A court order is required to compel a party to submit to a medical exam
-Requesting party must show person's health is in actual controversy and good cause
-Person undergoing exam waives doctor-patient privilege -✔✔Discovery - Medical
Exam
%
A D who goes to a certain state as a party, witness or as an attorney for another case,
D cannot be served with process for a case in federal court of that state -✔✔Who is
immune from service of process?
A nonparty absentee uses intervention to bring herself into the case in order to assert
or defend claim
Intervention of Right: Absentee's interest may be harmed if she is not joined and
interest is not adequately represented by current parties
Permissive Intervention: Absentee's claim or defense and pending case have a
common question of fact or law and within court's discretion to allow -✔✔Intervention
A party may demand a jury in writing no later than 14 days after service of Answer
If party fails to respond in time, she waives her right to a jury trial -✔✔Right to a Jury
Trial in Federal Court
