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Questions and Answers
What is the purpose of a protective order under rule 26 C?
What is the purpose of a protective order under rule 26 C?
In the context of a motion for summary judgment, who bears the initial burden of production?
In the context of a motion for summary judgment, who bears the initial burden of production?
According to rule 56, how should facts be viewed when considering a motion for summary judgment?
According to rule 56, how should facts be viewed when considering a motion for summary judgment?
What must a plaintiff demonstrate to successfully move for summary judgment?
What must a plaintiff demonstrate to successfully move for summary judgment?
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What does the 7th amendment guarantee in a legal context?
What does the 7th amendment guarantee in a legal context?
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In a jury trial, a directed verdict can be issued under which condition?
In a jury trial, a directed verdict can be issued under which condition?
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Which case established that video evidence could grant summary judgment in certain circumstances?
Which case established that video evidence could grant summary judgment in certain circumstances?
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What is an essential criterion to determine if a claim is entitled to a jury trial?
What is an essential criterion to determine if a claim is entitled to a jury trial?
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What characterizes a cross claim?
What characterizes a cross claim?
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Under permissive joinder, which of the following statements is true?
Under permissive joinder, which of the following statements is true?
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What is the primary purpose of compulsory joinder?
What is the primary purpose of compulsory joinder?
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What is meant by 'impleader'?
What is meant by 'impleader'?
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When can a third party seek intervention in a lawsuit?
When can a third party seek intervention in a lawsuit?
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Which statement is true regarding derivative liability in the context of impleader?
Which statement is true regarding derivative liability in the context of impleader?
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What is necessary for a party to be considered 'indispensable' in compulsory joinder?
What is necessary for a party to be considered 'indispensable' in compulsory joinder?
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Which of the following is NOT a requirement for permissive joinder?
Which of the following is NOT a requirement for permissive joinder?
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What must a defendant do regarding defenses in their response?
What must a defendant do regarding defenses in their response?
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What is a characteristic of compulsory counterclaims?
What is a characteristic of compulsory counterclaims?
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What does Rule 12 primarily address?
What does Rule 12 primarily address?
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What is one of the main purposes of Rule 11 sanctions?
What is one of the main purposes of Rule 11 sanctions?
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Under what condition can a new defendant be added after the statute of limitations has expired?
Under what condition can a new defendant be added after the statute of limitations has expired?
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What implications arise from the case of Zielinski v. Philadelphia Piers?
What implications arise from the case of Zielinski v. Philadelphia Piers?
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What is necessary for a party to seek joinder in claims or parties during litigation?
What is necessary for a party to seek joinder in claims or parties during litigation?
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In the case of King v. Whitmer, what was deemed sanctionable?
In the case of King v. Whitmer, what was deemed sanctionable?
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What is the purpose of a preemptory challenge in jury selection?
What is the purpose of a preemptory challenge in jury selection?
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Under what condition can a motion for judgment as a matter of law be filed?
Under what condition can a motion for judgment as a matter of law be filed?
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What does the concept of 'claim preclusion' prevent?
What does the concept of 'claim preclusion' prevent?
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Which situation best illustrates 'issue preclusion'?
Which situation best illustrates 'issue preclusion'?
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What must be demonstrated for a motion for a new trial to be granted?
What must be demonstrated for a motion for a new trial to be granted?
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What does the term 'remitter' refer to in the context of jury verdicts?
What does the term 'remitter' refer to in the context of jury verdicts?
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Which statement correctly reflects the 'additur' process?
Which statement correctly reflects the 'additur' process?
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What is a key requirement for 'claim preclusion' to be applicable?
What is a key requirement for 'claim preclusion' to be applicable?
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Under what condition can a defendant remove a case to federal court?
Under what condition can a defendant remove a case to federal court?
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Which of the following is true about the Erie Doctrine?
Which of the following is true about the Erie Doctrine?
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Which factors determine the proper venue for a lawsuit in federal court?
Which factors determine the proper venue for a lawsuit in federal court?
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When must a party file a Rule 12(b) motion to challenge subject matter jurisdiction?
When must a party file a Rule 12(b) motion to challenge subject matter jurisdiction?
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In relation to the Erie Doctrine, which situation requires the application of federal law?
In relation to the Erie Doctrine, which situation requires the application of federal law?
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Which of the following must always be governed by state substantive law?
Which of the following must always be governed by state substantive law?
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What can occur if a federal court determines that a removal was improper?
What can occur if a federal court determines that a removal was improper?
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What is the core concept that underlies the exercise of personal jurisdiction over a defendant?
What is the core concept that underlies the exercise of personal jurisdiction over a defendant?
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In which situation does in personam jurisdiction apply?
In which situation does in personam jurisdiction apply?
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In terms of venue, which situation allows a plaintiff to file a suit in any federal district?
In terms of venue, which situation allows a plaintiff to file a suit in any federal district?
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Which of the following is NOT a requirement of the long arm statute for establishing personal jurisdiction?
Which of the following is NOT a requirement of the long arm statute for establishing personal jurisdiction?
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What standard must a defendant meet to show minimum contacts with a forum state?
What standard must a defendant meet to show minimum contacts with a forum state?
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Which factor is crucial in determining whether a defendant's activities constitute purposeful availment?
Which factor is crucial in determining whether a defendant's activities constitute purposeful availment?
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What does relatedness refer to in the context of personal jurisdiction?
What does relatedness refer to in the context of personal jurisdiction?
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In which case was the concept of 'tag jurisdiction' established?
In which case was the concept of 'tag jurisdiction' established?
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What must a defendant demonstrate to satisfy the foreseeability requirement for personal jurisdiction?
What must a defendant demonstrate to satisfy the foreseeability requirement for personal jurisdiction?
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Study Notes
Personal Jurisdiction
- Courts' ability to exercise control over someone or something
- Core concept is fairness for chord 2 exercise jurisdiction over defendant
Types
- In rem: Property is the subject
-
In personam:
- Domicile: Defendant maintains permanent home in the forum state
- Tag (Burnham v. Superior ct): Consent if you show up and don't object or agree to do business in the state. (Mallory v. Norfolk Southern, Burger King)
- Long Arm Statute (statutory requirements): If nothing else satisfies, the long arm statute allows jurisdiction over defendant.
- Unlimited: Follows constitutional requirements; must satisfy due process.
-
Limited: Minimum contacts with the forum state (Int. shoe - doing business in state is continuous and systematic).
- Factors include:
- Defendants level of purposeful availment
- Did defendant take advantage of privileges and benefits enjoyed by the forum state residents? (not accidentally).
- Example: Using state courts or resources or doing business in state.
- Factors include:
Fairness
- Must not offend traditional notions of Fair play and substantial justice.
- Exercise of personal jurisdiction must be fair
- Factors include: Inconvenience to defendant, plaintiffs interest, forum state interest, judicial efficiency.
Notice
- Defendant must be reasonably notified of the pending lawsuit.
- Require calculated notice under circumstances to apprise defendant of the pending action.
- Methods of notice: Traditional methods of service, (Ex: personal service, registered mail, delivery to an appointed agent)
Subject Matter Jurisdiction
- Courts' ability to exercise authority over a claim.
- Federal courts are limited
- State courts = anywhere there is personal jurisdiction
Types of Subject Matter Jurisdiction
- Federal question jurisdiction: Claim arises under the Constitution, US treaty, or federal law
- Diversity jurisdiction: Complete diversity, amount in controversy over $75,000.
Venue
- Determining federal judicial districts in which plaintiff may bring suit.
- Main factor: convenience
- Venue is proper if: Defendant resides in any district, where a substantial part of the claim arose, or if defendant is subject to personal jurisdiction within the district.
- Determining venue within a state requires considering the corporation's residence (interpretation methods exist, considering corporate address or location of business).
Erie Doctrine
- Diversity cases: Federal courts mostly apply state substantive law and federal procedural law.
- When conflicting, federal law prevails.
- Procedural law governs how a case will be heard
- Substantive law governs how the facts of a case will be interpreted.
- Determining whether to apply state or federal substantive law is analyzed using the guided/unguided Erie track (Is there a federal question? If not, are there state/federal conflicts on a point?).
Discovery
- Process where parties seek an exchange of information.
- Includes devices like depositions, requests for production, interrogatories, and conferences.
- Scope: Material is discoverable if non-privileged; attorney-client privilege protects communications, and work product is protected unless substantial need exists.
Motion for Summary Judgment
- Asks court to enter judgment against the opposing party on the basis there is no genuine dispute as to material facts.
- Burden of production rests on the party moving for summary judgment.
- Evidence is weighed in favor of the plaintiff unless actual evidence contradicts.
Trial
- If not enough evidence to support the claim in summary judgment, it proceeds to trial.
- The party moving for summary judgment has the initial burden of proof (defendant).
- The burden then shifts to the other party to bring evidence/argument against the motion.
Jury Trial
- 7th amendment ensures this right
- Directed verdicts are allowed if there is no genuine dispute of material facts (no reasonable jury could find for party being ruled against).
Judgment as a Matter of Law
- Judge can take the case away from the jury and decide it based on the law and evidence.
- A renewed motion based on this decision can be made, and must be made before judgment is entered if it needs reconsideration, in case of error or issues with judgment.
Preclusion
- Claim preclusion: Prevents relitigating a previously litigated claim
- Types: Merged (first lawsuit), barred (lost in second lawsuit)
- Test: Valid, final on merits, same parties, same claim
- Issue preclusion: Prevents relitigating issues of law or fact previously decided in a valid judgment.
Impleader
- Defendant can bring in a third party who might be liable for the original plaintiff's claim
- A required step if someone besides the defendant should be subject to a claim
Intervention
- A third party may seek to join a lawsuit to protect their interests
- An existing party is unavailable to represent the intervener's needs
Interpleader
- A legal mechanism where a party with funds or property is the subject of multiple conflicting claims can enter court to resolve the issue and clear liability to all parties.
Joinder
- Joining two or more parties or legal issues in a suit; same transaction or occurrence
- Permissive: Parties can join claims/causes of action if they share common questions of law or fact.
- Compulsory: Parties must join claims that arise in the same transaction or occurrence.
Rule 11 Sanctions
- Rule aimed at deterring frivolous actions by penalizing parties, lawyers or other participants who advance baseless claims/defenses/actions.
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Description
Test your knowledge on the concept of personal jurisdiction, including the difference between in rem and in personam jurisdiction. Explore key cases and doctrines, such as long arm statutes and minimum contacts, essential for understanding how courts establish control over defendants. This quiz will assess your understanding of fairness in jurisdictional matters.
