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Questions and Answers
What is required for an issue to be considered actually litigated in a prior case?
What is required for an issue to be considered actually litigated in a prior case?
In a general verdict accompanied by special interrogatories, what does the jury provide?
In a general verdict accompanied by special interrogatories, what does the jury provide?
What must the determination in a prior judgment be for a party to invoke the principles of claim preclusion?
What must the determination in a prior judgment be for a party to invoke the principles of claim preclusion?
Which of the following best describes the role of federal courts in civil actions?
Which of the following best describes the role of federal courts in civil actions?
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What best distinguishes motions under Rule 12(b)(6) from Rule 56?
What best distinguishes motions under Rule 12(b)(6) from Rule 56?
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In what scenario would a court's determination not be considered as actually litigated?
In what scenario would a court's determination not be considered as actually litigated?
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Historical context suggests that jury trials originally served what primary function?
Historical context suggests that jury trials originally served what primary function?
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Which of the following types of verdicts requires the jury to make specific findings on certain issues of fact?
Which of the following types of verdicts requires the jury to make specific findings on certain issues of fact?
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What happens if an issue is voluntarily withdrawn from litigation?
What happens if an issue is voluntarily withdrawn from litigation?
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The findings from Carroll #2 serve what purpose for Carroll #1?
The findings from Carroll #2 serve what purpose for Carroll #1?
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What characterizes a hybrid verdict?
What characterizes a hybrid verdict?
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Which of the following is a valid reason for a federal court to have jurisdiction over a civil action?
Which of the following is a valid reason for a federal court to have jurisdiction over a civil action?
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What must be present for a federal court to exercise supplemental jurisdiction over related claims?
What must be present for a federal court to exercise supplemental jurisdiction over related claims?
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Which method of personal jurisdiction allows a defendant to be subject to a court's power voluntarily?
Which method of personal jurisdiction allows a defendant to be subject to a court's power voluntarily?
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What does the 'minimum contacts' test examine when determining personal jurisdiction?
What does the 'minimum contacts' test examine when determining personal jurisdiction?
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What is a primary reason why a court may refuse to exercise supplemental jurisdiction?
What is a primary reason why a court may refuse to exercise supplemental jurisdiction?
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Which of the following is NOT a classical power approach for establishing personal jurisdiction?
Which of the following is NOT a classical power approach for establishing personal jurisdiction?
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Under what circumstances can a defendant waive their right to contest personal jurisdiction?
Under what circumstances can a defendant waive their right to contest personal jurisdiction?
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Which statement best describes the relationship between federal and state courts regarding civil actions?
Which statement best describes the relationship between federal and state courts regarding civil actions?
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What must a defendant demonstrate for a court to consider a change of venue based on inconvenience?
What must a defendant demonstrate for a court to consider a change of venue based on inconvenience?
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Which of the following is NOT a requirement for claim preclusion?
Which of the following is NOT a requirement for claim preclusion?
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What is the primary distinction between motions under Rule 12(b)(6) and Rule 56?
What is the primary distinction between motions under Rule 12(b)(6) and Rule 56?
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In the context of historical jury trials, which statement is accurate?
In the context of historical jury trials, which statement is accurate?
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Which of the following best describes the function of the federal courts in civil actions?
Which of the following best describes the function of the federal courts in civil actions?
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What does claim preclusion prevent a party from doing?
What does claim preclusion prevent a party from doing?
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Which factor is generally NOT taken into account when determining the appropriate venue for a lawsuit?
Which factor is generally NOT taken into account when determining the appropriate venue for a lawsuit?
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In which scenario would a dismissal NOT be considered a decision on the merits?
In which scenario would a dismissal NOT be considered a decision on the merits?
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Study Notes
Civil Action Flow Chart
- Civil actions follow a specific procedural flow, guided by the Federal Rules of Civil Procedure (FRCP).
- The initial stage involves the pleadings, where the plaintiff (P) presents their claim to the defendant (D).
- The pleadings must include specifics of the claim and the reason it is made.
- The D can then attack these pleadings.
- D can contest jurisdiction and the subject-matter it applies to.
- D can contest if facts are sufficient for the claim.
- D can contest preclusive effect of any prior litigations
- If the attack to the pleadings is successful, the pleadings may be amended in certain cases.
- If the attacks fail, either party can respond to the other party's arguments or defenses.
Stage 1: The Pleadings
- Provide notice to defendant proving what issue is brought by P, and the grounds behind it
- Identify the issues of fact and law and the evidence to be used at trial
- Early stage screening of meritless claims
Code Pleading Era
- Requires factual specificity in each element, where, when, what, and who.
- Focuses on circumstances of alleged wrongful conduct over legal conclusions
- Rule 8(a)(2) requires a short and plain statement to show entitlement to relief.
- Provides fair notice
- The element to show a plausible claim is identified by Twombly/Iqbal.
Rule 8(a)(2) and Rule 9(b)
- Short and plain statement of claim showing entitlement to relief.
- Plaintiff must allege facts that make it plausible that the defendant acted wrongly.
- Specific required pleading details.
- Must provide clear and verifiable facts/details/circumstances
Rule 9(b)
- In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.
- Plead factual elements and circumstances rather than conclusory language.
- Requires a higher pleading standard for fraud and mistake.
Rule 11
- Requires the attorney to make a reasonable inquiry before filing a case in regards to legitimacy and evidence.
- Prevents misuse of litigation, delays, and increases in cost or harassment.
- Encourages legal arguments to be warranted by existing law or by a nonfrivolous argument to extend/modify/reverse or establish new law.
- A factual contention must have evidentiary support, or it’s likely to have evidentiary support after a reasonable opportunity for further investigation
Rule 15: Amended and Supplemental Pleadings
- Allows amendments to pleadings before or during trial
- Must show that proposed amendments would not cause undue prejudice and that the amendment is not futile.
- Amendments before trial can occur as a matter of course within 21 days of serving the pleading or after service of a response.
- If a motion to amend is made within that timeframe it is considered as a matter of course, after that timeframe a party must receive leave of the court to allow the amendment.
Rule 12(b)(6)
- Motion to dismiss if the complaint, even assuming all facts are true, fails to state a claim upon which relief can be granted.
- For this motion, the judge does not consider whether the evidence supports the allegations but only whether the allegations, if true, could support the claims.
Subject Matter Jurisdiction
- Court has authority to hear a case based on either federal question or diversity jurisdiction.
- Diversity requires complete diversity between parties and a minimum dollar amount in controversy.
Personal Jurisdiction
- A court must have personal jurisdiction over the defendant.
- Whether a court has personal jurisdiction depends on the connections that the defendant has with the state.
- Minimum contacts test for those who do not fit into the traditional approach.
Preclusion [Judge-made doctrines]
- Claim Preclusion (Res Judicata): A final judgment on the merits in a prior case bars any later claims based on the same transaction or occurrence.
- Issue Preclusion: An issue of law or fact determined in a prior case is binding on any subsequent case involving the same parties.
Discovery
- Discovery is a process for obtaining evidence in a case.
- Rule 26(b)(1) governs scope and proportionality of discovery; that is whether it is relevant, non-privileged, and proportional to the needs of the case.
- Proportionality factors to consider: importance of the issue, amount in controversy, and parties' resources and access to information.
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Description
This quiz covers the initial stage of civil actions as outlined by the Federal Rules of Civil Procedure (FRCP). It examines the process of pleadings, where the plaintiff presents their claims and the defendant can respond. Test your knowledge on the various challenges a defendant may raise against the pleadings.
