NC Civ Pro

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Author:
sfjohnson1010
ID:
161434
Filename:
NC Civ Pro
Updated:
2012-07-08 13:24:19
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NC Civ Pro
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NC Civ Pro
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  1. minimum contacts
    a reasonable nexus between the forum court and the defendants actiivities such that the maintenance of a suit does not offend traditional notions of fair play and substantial justice
  2. Defenses that are waived if not made by first motion or answer
    lack of jurisdiction, improper venue, insufficiency of process, and insufficinency of service
  3. Defenses that are not waived
    Lack of subject matter jurisdiction, failure to state a claim upon which relief can be granted, failure to join a necessary party, failure to state a legal defense to a claim
  4. compulsory counterclaims
    any claim a pleader has against the opposing party arising out of same transaction or occurance
  5. transaction or occurence
    subject matter of original claim, as long as essencial facts overlap, construed generously
  6. Joinder
    process of joining 2 or more legal issues/parties to a suit
  7. Compulsory joinder
    when a court cannot adjudicate a claim without prejudicing an absent
  8. Intervention
    A device by which a nonparty enters the case on his own motion
  9. Intervention of Right
    when a statute confers such a right or the applicant claims an interest relating to the property or transaction subject to the action, and she is so situated that the disposition may as a practical matter impair or impede her ability to protect that interest
  10. permissive intervention
    within discretion of the court, when a statute confers, or when applicants claim/defense and the main action have a common question of law or fact
  11. interpleader
    allows a party facing conflicting claims to an obligation she owes or holds to bring all claimants into court under a single action
  12. Impleader
    device by which a defendant may bring a person, not a party to the action, who is or may be liable to the defendant into the action
  13. Class action requirements (courts discretion)
    • 1. Existence of a class
    • 2. Named rep must fairly and adequately represent the class
    • 3. whether proposed class is so numerous as to make joinder impracticable
    • 4. whether a class apporach is superior to alternative methods of adjudication and
    • 5. common issues predominate over individual issues    
  14. Discovery devices
    • 1. oral depositions
    • 2. written depositions
    • 3. interrogatories
    • 4. production of documents and things
    • 5. physical/mental examinations and
    • 6. admissions      
  15. Work product rule
    documents and tangible things preparred in anticipation of litigation by or for another party may not be discovered except on a showing of substantial need for case preparation and inability, without undue hardship, to obtain the substantial equivalent by other means
  16. Discovery of Experts
    • Thorugh interrogatories one party may discover
    • 1. the identity of any expert to be called by another party and
    • 2. the subject matter and substance of facts and opinions to which he will testify  
  17. Involuntary dismissal is
    • with prejudice unless court specifies otherwise, except if dismissal is for
    • 1. lack of jurisdiction
    • 2. improper venue or
    • 3. failure to join a party   
  18. Summary Judgment appropriate where
    no genuine issue of material fact and any party is entitled to judgment as a matter of law
  19. Motion for summary judgment can be supported by
    affidavits, depositions, pleadings, admissions and answers to interrogatories
  20. Directed verdict test
    • no conflict in the evidence as to any material issue and
    • the evidence, viewd in the light most favorable to the nonmoving party, demands a particular verdict
  21. Grounds for a new trial
    • 1. irregularity prevented any party from fair trial
    • 2. misconduct of jury/prevailing party
    • 3. accident or suprise that ordinary prudence couldnt guard
    • 4 newly discovered material evidence that couldnt have been discovered and produced at trial
    • 5. manifest disregard by jury of court's instructions
    • 6. excessive or inadequate damages (due to passion/prejudice of jury)
    • 7. insufficiency of evidence to justify verdict or verdict is contrary to law      
    • 8. error in law
    • 9. any other reason   
  22. Judgment notwithstanding the verdict
    • now a renewed motion for judgment as a matter of law
    • Party moving for it must have moved for directed verdict at close of all the evidence
  23. Rule 19 NC necessary parties
    parties who are united in interest, these MUST be joined
  24. If court determines a necessary party is missing...
    dismissal is proper only if the defect cannot be cured
  25. Rule 17 substitution of the real party in interest and statute of limitations....
    claims of the real party relate back to the date of the first filing of the compliant
  26. Removal must be filed 30 days from service, motion to remand must be filed
    within 30 days of the filing of the notice of removal
  27. failure to prosecute
    court may, on its own motion, dismiss an action for failure to prosecute when neither plaintiff or counsel are present win the case is called at administrative calancer call
  28. Failure to pay taxed costs of court can lead to
    dismissal of an action by a plaintif who fails to pay costs of a previous similar action

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