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Civil Procedure - Coggle Diagram
Civil Procedure
Appeals and Review
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can be appealed when it is a final order entered by a lower court, party seeking must file within 30 days
Merit, equity, new facts, due diligence
interlocutory - if a partial final order that resolves only some of the claim but not all this can be used
Motions
Summary judgement - 30 days after close of discover, no issues of material fact
Judgement as a matter of law- directed verdict made at close of the opponents case, legally insuffiecent evidence where a jury could find for the moving party
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Jurisdiction
court must have subject matter AND personal jurisdiction to preside over and issue authority over parties
SMJ: state courts have
general jurisdiction while federal courts have
limited jurisdiction, each claim brought in federal
court must have an independent basis for
jurisdiction, objections to subject-matter
jurisdiction can never be waived
Federal courts have jurisdiction if the claim arises under federal
law or is created by state law but depends on a substantial
fed question which is usually constitutional federal question in nature.
diversity jurisdiction; jurisdiction based on
complete diversity of citizenship and
over $75k in controversy
Individual citizenship is based on domicile while corporation is a
citizen of its state of incorporation and the state where its
principal place of business is located.
supplemental jurisdiction: federal court has
discretion to consider a pure state law claim if there is a common
nucleus of operative facts between the state law claim and the
federal claim
PJ: exists if the court has in personal jury over the parties, in rem over property subject to the claim, or quasi in rem over property attached to satisfy a judgement
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State court defendants may remove an action to the
geographically appropriate federal court if the federal court
would have jurisdiction, all defendants consent, and a notice
of removal is filed within 30 days of the service of the state
court complaint
Venue is a limit on a plaintiff's choice of
where to file. Even if a court has subject-matter
and personal jurisdiction, the plaintiff must also
bring their claim in the proper venue
Venue is proper where any defendant resides, if all defendants reside in said 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.
Discovery
traditional means of discovery- depositions,
interrogatories, requests for admission, production of
documents, and requests for health examinations.
work product- i privilege that covers any
material that an attorney or attorney's worker prepared for
litigation and was not in the ordinary course of business.
Mandatory disclosure- are required within two weeks of the
initial discovery conference, a party has a duty to supplement
the mandatory disclosures or be subject to exclusion of said
evidence at trial, mandatory disclosures include: supporting
witnesses, supporting documents, damages computation,
and relevant insurance coverage.
Pleadings
when served, ∆ must respond or submit 12(b) defenses, must be filed in the first pleading or they are considered waived, no counter claim raised? waived, if no motion to dismiss or deny, ∆ must answer each allegation
joinder allows plaintiffs to join parties to the same lawsuit if
the claims involving those parties derive from the same
transaction or occurrence or at least the same series
interpleader is when the holder of a common fund may file suit as a plaintiff and join as defendants all rival claimants to is common
fund
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impleader - defendant may bring in a third party if that party may
be liable to defendant for all or part of defendant's liability to
plaintiff
joinder of claims - class action, cert requirements, counter claims, cross claims
complaint- the initial pleading and must contain sufficient
facts to pace the adversary on notice of plausible claims, can amend once as a right within 21 days of service on ∆
Preclusion
Res Judicata/Claim preclusion - bars claim relitigation if the claim arises between the same parties or those in privity with them, if arises out of same transaction or occurrence, and that the court determine the claim on the merits and had proper jurisdiction
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Jury Trial
Can strike jurors for limited times with no case, constitutional right if claim primarily seeks money damages, must file written demand of 14 days of service