Civ pro

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Author:
jrok6661
ID:
250470
Filename:
Civ pro
Updated:
2013-12-03 13:50:50
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Rules explanation
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Description:
Rules of Civil Procedure for final
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  1. Eire Doctrine
    What law to apply - Fed or State

    • In state always state - except fed Q
    • If state law applies, apply state

    • State law applies on Substantive issues
    •      Any other issue - Statute of Limitations
    • Fed law applies to procedures
    •      Rules designed to foster efficient     adjudication - Service
  2. Eire 
    Outcome determinative test
    • 1. Would outcome be the same if fed or state law applies?
    •      OK to affect outcome if it doest affect substance
    •      Doesn't matter if outcome is different if it affects constitutional provisions
    • 2. Outcome must be the same.
    •      If not apply state law
    • 3. Statute of limitations is considered substantive even though it is a procedure
  3. Rule 18 claim Joinder
    • Permissive not mandatory
    • No relatedness requirement
    • 2 step inquiry
    •    1. Does rule authority allow
    •    2. Is there SMJD, PJD, and Venue
    • Kitchen sink
  4. Rule 13 Counter Claim
    • Compulsory
    • Permissive
    • Cross claim against co-party
  5. Rule 14 Interpleader - Indemnity and Derivative Liability
    Third party practice
    • Defendant may bring in 3rd party
    • Non party
    • Permissive
    • More restrictive then then cross claims
    •      Has to be more connected then cross claim
  6. Rule 19 Compulsory Joinder
    • Mandatory
    •      Necessary
    •      Indispensable
    •      Must be in suite to give plaintiff full relief
    • Not feasible when no SMJD, PJD
  7. Rule 20 Permissive Joinder of Parties
    Any question of law of fact in common
  8. Rule 21 Misjoinder & NonJoinder
    Courts can sever case at any time
  9. Rule 22 Interpleader - Common fund
    • Guy with pie
    •      How much pie to give all you fuckers
    • Allows all persons with a claim to the money to be joined as defendants 
    • Different from other rule and statutory interpleader
  10. 1335 Statutory Interpleader
    • Need only minimum diversity
    • $500>
  11. 2361 Power to Compel
    May issue process to pull people in from other JD not matter if there is JD or not
  12. Rule 24 Intervention
    • Different from 19 - Used to get new plaintiffs
    • 2 types
    •      1. As a right 
    •      2. Permissive intervention
  13. Rule 42 Consolidation; separate trials
    Allows for discretion by the courts
  14. Res judicata
    • Once you are done, you are done
    • Claim preclusion and Issue preclusion
  15. Rule 26 Scope and limits
    Discovery
    • What you can withhold
    • WP, priviledge, Protective order
  16. Federal rule of Evidence 502 - Claw back
    Get it back if you sent it by accident
  17. Rule 33 Interrogoatories
    Questions you can ask and answer
  18. Rule 34 production of Document
    Define what you want and they may give it
  19. Rule 35 Physical and mental examination
    Stuff to make sure they are not making it up
  20. Rule 36 Request for admission
    Just say what you did
  21. Rule 27-32 Depositions
    • Know the allowed objections
    • Have subpoena
  22. Rule 16 Pretrial conference
    Judge manages case
  23. Rule 26 Conference timing
    21 days or is due under rule 16
  24. Rule 55 Entering a default
    • good cause
    • by clerk
    • By court
  25. Rule 60 Relief from final judgment
    • May relieve
    • Under various grounds
  26. Rule 54 Damages for default
    Cant get more then demanded in the pleading
  27. Rule 41 Dismissal of action
    • Voluntary
    •     Can dismiss at any time
    •      Get one freebee
    • Involuntary
    •     Fails to presnet and respond to order of the court
  28. rule 16 Case management
    Court aims to keep the trial from becoming a shit show
  29. Rule 68 Offer of judgment
    rules governing offers and what happens if you don't take a good offer
  30. Rule 56 Motion for summary judgement or partial summary judgment
    JMOL - assume all evidence is right and there is still no case
  31. Burden of proof
    • Produce evidence to prove default position
    • Always on plaintiff
  32. Burden of production
    • Allocated to party that asserts there is a fact to prove
    • Shifting burden
  33. 7th amendment
    • Right to trial by jury
    • Have to ask for it though
  34. Rule 50 Jury control
    Takes case away from jury
  35. Rule 59 motion for new trial
    • After trial - no more then 28 days 
    • Court can do on its own
    • Fall back for dismissal
    •      Not enough to completely overturn
  36. Rule 51 Jury instructions
    • Requests 
    • Instruction
    • Objections
    • Assigning error
  37. Rule 49 Special Verdict
    Court may require special verdict on each issue or fact
  38. Rule 50
    • 3 things
    •      1. Order new trial
    •      2. REmand for further proceeding
    •      3. Give judgment
  39. Rule 64 Seizing a person or property
    • Remedies under state law
    • Attachment
    • Garnishment
    • Replevin
    • Sequestration
  40. Rule 65 Injunctions or restraining order
    • Preliminary
    • Temporary
  41. Rule 69 execution
    Money judgment and discovery on where the money is
  42. 1291 Final decision of the district courts
    Court of appeals has final decision of the Dist.
  43. 1292 Interlocutory decision
    • About injections and how to get rid of them
    • Admiralty cases
    • Appointing receivers
  44. Reviewablity
    Must object on the record to be able to review it later
  45. Claim preclussion
    Claims that have been conclusively resolved by the same parties
  46. Issue preclusion
    • Issue that has been decided is treated as decided without further proof 
    • Not the same parties
  47. Non-mutuality
    • Preclusion borrowed from cases not between the same parties
    • Defensive estopel
    •     Cant relitigate a fact already decided
    • Offensive estopel
    •     Cant use - other party never had a chance to litigate

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