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Civil Procedure (Class actions (Adequacy, Numbers, Commonality,…
Civil Procedure
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Jurisdiction
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Personal jurisdiction
If the court has in personal 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.
In personam jurisdiction exists if a person is located within the state by either domicile or service
Also exists if the person consents to jurisdiction. Express consent. Implied consent includes: State has a substantial interest in regulating nonresidents in a particular in-state activity. Waived: Defendant fails to raise the defense of lack of personal jurisdiction in an answer or first responsive pleading. Defendant does not waive jurisdiction if he appears in court to contest jurisdiction.
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Diversity jurisdiction
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over $75,000 in controversy
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Motions
Judgement as a matter of law: made after the opponent has made their case --> no reasonable jury could find for the non-movant
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Summary Judgement: 30 days after discovery, inferences drawn in favor of non-moving party, no genuine issue of material fact
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Pleadings
Must contain sufficient facts to place the adversary on notice of plausible claims. A claim for relief must include a short and plain statement of the jurisdiction, a statement of a claim that would entitle the claimant to relief, and a demand for relief.
Discovery
depositions; request for admissions; production of documents; request for physical or mental examinations
Jury Trial
If monetary damages- this is a constitutional right. Must have written demand within 14 days after service of complaint