Bar: federal civil procedure

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Author:
mjabali
ID:
277556
Filename:
Bar: federal civil procedure
Updated:
2014-06-26 22:54:36
Tags:
procedure federal
Folders:
federal civ pro
Description:
federal civ pro
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  1. a federal court can hear state law claims if both the federal and state claims share:
    a common nucleus of operative fact (they arise out of the same transaction or occurrence).
  2. Subject Matter Jurisdiction: Federal Question and Diversity
    • - Federal Question
    • - Diversity
  3. Subject Matter Jurisdiction: Supplemental and Removal
    • - Federal Question
    • ~~ supplemental jurisdiction

    • - Diversity Jurisdiction
    • ~~ counterclaims
    • ~~ cross-claims
    • ~~ permissive joinder

    - Exceptions to supplemental jurisdiction

    • -Removal
    • ~~Removal based on diversity
    • ~~Removal procedures
  4. Personal Jurisdiction; In Personam Jurisdiction
    • - Types of personal jurisdiction
    • ~~ Constitutional requirements
    • ~~ Waiver
    • ~~Federal exceptions

    - General In Personam Jurisdiction (not heavily tested)
  5. Specific In Personam Jurisdiction, In Rem, and Service of Process
    • -Specific In Personam Juridiction
    • ~~bases

    - In Rem Jurisdiction and quasi in rem jurisdiction

    • - Notice and Service of Process
    • ~~ What personal service consists of 
    • ~~Special Rules for Service of Process
  6. Venue and Choice of Law
    • - When venue must be raised
    • ~~ General Rule
    • ~~~residence requirement
    • ~~ special provisions
    • ~~transfer

    • -Choice of Law
    • ~~Erie
    • ~~~meaning of state substantive law
    • ~~ Procedure used
  7. Pleadings and Defense Motions
    - Three types of pleadings

    - Claim for Relief

    - Notice Pleading

    - Special Pleading

    • - Defense Motions Against the Complaint
    • ~~ Motion to Dismiss
    • ~~ Motion for Judgment on the Pleadings
    • ~~ Motion for a More Definite Statement
    • ~~ Motion to Strike

    - Answer

    • - Amendments to Pleadings
    • ~~ As of right
    • ~~ By Leave of Court
    • ~~ Statute of Limitations and Relation Back
    • ~~ Amendment to Add a Party
  8. Multi-Party Litigation
    - Permissive Joinder of Parties

    - Compulsory Joinder of Parties (by defendants)

    - Intervention (primarily by plaintiffs)

    - Interpleader
  9. Multi-Claim Litigation
    - Joinder of Claims

    • -Counterclaims
    • ~~compulsory counterclaims
    • ~~permissive counterclaims

    -Cross-claims

    - Impleader (Third-Party Practice)

    - Class Actions [not a top priority]
  10. Scope of Discovery [less frequent in bar exam]
    - Mandatory disclosures

    • - Scope of discovery
    • ~~two exceptions
  11. Discovery Devices
    - Oral Deposition

    - Written Deposition

    - interrogatories

    -discovery and inspection of documents and land

    -physical and mental examination

    -admissions

    - use of depositions

    -enforcement sanctions
  12. Pre-trial and Trial Procedure
    - Pre-trial Conference

    • - Termination without trial
    • ~~types of judgements and dismissals that may be termination without trial [5]

    • - Trial by jury
    • ~~ motion for judgment as a matter of law
    • ~~ renewed motion for judgment as a matter of law
  13. Appeals
    • - Appealability
    • -New trial
    • -Final judgement rule
    • - interlocutory orders
    • - standards of review
    • - full faith and credit
  14. The Effect of Former Adjudication
    - Claim Preclusion (res judicata)

    - Issue preclusion

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