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Civil Procedure (Pleadings (Joinder of claims, Joinder of parties,…
Civil Procedure
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Jurisdiction
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Personal Jurisdiction: exists if the court has in personam jurisdiction over the parties, in rem jurisdiction over property that is the subject of the claim, or quasi in rem jurisdiction over property that is attached to satisfy judgment in the action.
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Venue v. transfer
Proper Venue
• where any defendant resides, if all defendants reside in that state;
• in the federal district where a substantial part of the claim arose or where the property is located; or
• where the defendant can be found provided the court has personal jurisdiction, if there is no other district in which the action may otherwise be brought.
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Motions
• Summary judgment:
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• May be granted if there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law.
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• Post-trial motions:
• Renewed motion for judgment as a matter of law: Formerly called a judgment notwithstanding the verdict, the motion is made within 28 days of judgment. The basis of the motion is identical to that made at the close of the opponent’s case.
• Motion for new trial: Also made within 28 days, this motion will be granted in the court’s discretion if either the errors at trial affected the parties’ substantive trial rights or the verdict was against the manifest weight of the evidence.
Discovery
Mandatory disclosures: are required within two weeks of the initial discovery conference. A party has a duty to supplement the mandatory disclosures or be subject to the exclusion of that evidence at trial.
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Work-product doctrine: which covers any material that an attorney or someone at her discretion prepared for litigation and was not in the ordinary course of business.
Preclusion
Parties are barred from relitigating claims or issues that they have already fully and fairly litigated to a final judgment on the merits.
Res judicata
A claim cannot be relitigated if the claim arises between the same parties or those in privity with them; it arises out of the same transaction or occurrence; and that the court determined the claim on the merits and had proper subject-matter and personal jurisdiction.
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Appealability and Review
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Within one year of a judgment, a party can file a motion for relief from a judgment.
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