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BARBRI Civ Pro - Coggle Diagram

- - - - P must show
        
        Irreparable Harm AND
        
        Win on the merits AND
        
        Balance of Hardship AND
        
        Public Interest
      - Must post a bond
      - Can Immediately Appeal
    - - Issued ex parte IFF
        
        Immediate/irreparable harm
        
        Oral/written notice to D
      - Lasts 14 days, no more than 28
  - - - Anytime before D responds or motions
      - w/ Court Permission anytime
  - - - No response from D
      - Claim is for $$$
      - P gives Affadavit of amount
      - D is not minor/incomp
- - - - Explain SMJ AND
      - Short/Plain Statement of Claim AND
      - Demand for Relief
      - If Fraud & Special
        
        Needs particularity/Specificity
  - - - Form
        
        12(e) more definite statement
        
        12(f) strike [claim]
      - 12(b) Waive or else
        
        Lack of PJ
        
        Improper Venue
        
        Improper Process
        
        Improper Service
      - 12(b) Can raise later
        
        Failure to State Claim
        
        Failure to Join Party
        
        Lack of SMJ
    - - Admit
      - Deny
      - Insufficient Information
      - Affirmative Defense
  - - - Defendant
        
        W/in 21 days of answer
        
        May include omitted waifable defenses
      - Plaintiff
        
        W/in 21 days of Rule 12 response
    - - Must seek leave of court
      - Relation Back
        
        Same Trans/Occur but new facts
      - Change D
        
        Same Trans/Occur AND
        
        D knew about case
- - - - One common Q
      - Same T/O AND
    - - Cannot complete relief among existing parties
      - Harm of absentee interest
      - Subjects party to multiple obligations
    - - Alternative Forum (State)
      - Likelihood of harm?
      - Can Court shape to avoid harm?
  - - - Permissive
        
        Not same T/O
      - Compulsory
        
        Same T/O
      - By D against P
    - - By party against coparty
      - Same T/O
      - Not compulsory
    - - D brings new party
      - Indemnity
        
        All liability
      - Contribution
        
        Pro Rata liability
      - Permissive, not compulsory
    - - Nonparty brings self into case
      - See also necessary/absentee
  - - - Numerosity
      - Commonality
      - Typicality
      - Adequate Representation
    - - Prejudice
        
        Necessary to avoid harm
      - Injunct/Declare
        
        No damages
      - Common Q
        
        Mass torts mostly
    - - Defines class/claims
      - Appoints counsel
    - - Opt out or bound
    - - 100+ Members
      - No P = ANY D
      - $5M +
- - - - Is it the same Trans/Occur?
      - If Div. Jurs.
        
        P's claims cannot be Supp.
        
        UNLESS Mult. P's and under $75k
  - - - Patent
      - Bankruptcy
      - Antitrust
    - - Claim arises under Fed Law
        
        Is P enforcing a Federal Right?
        
        Any Amount/Citizenship OK
    - - All parties from different States AND
        
        If ANY P = ANY D, no Div. J
        
        Class = Named Parties
        
        Citizenship
        
        Phys. Pres. AND
        
        Intent to Stay
        
        Corp. Cit.
        
        Inc. State & PPB
      - Exceed $75K
        
        Aggregate
        
        ALL P's Claims against D
        
        Need not be related
        
        Joint Claims
        
        Multiple D's
        
        Number of D's doesn't matter
        
        Equitable Relief
        
        Valued at $75K+
    - - Divorce
      - Alimony
      - Custody
      - Probate
    - - Only D can give notice
        
        w/in 30 days after service
        
        Cannot exceed 1 year since filing
      - State to Fed
        
        Only If Fed has SMJ
        
        Cannot remove if D's home state
      - Remand
        
        Back to State when Removal improper
- - - - w/in 14 days of 26(f) conference
      - Identity/Info people used to support claim
      - Documents used to support claim
      - Computation of relief
      - Insurance Coverage
    - - Consulting expect
        
        Need not disclose
      - Written report
        
        Opinions to be expressed
        
        Bases for opinions
        
        Facts used
        
        Qualifications & Compensation
    - - At least 30 days before trial
      - Witnesses (Live/depo)
      - Documents/ESI
  - - - Needs notice; Need not subpoena
        
        Travel limited to 100 miles
      - Limits
        
        10 depo's
        
        Cannot depo same party x2
        
        Cannot exceed 7 hrs
    - - Only sent to parties
      - Max 25 Qs
      - Information must be reasonably available
        
        Can provide access if equal burden to produce
    - - Types
        
        Physical
        
        Mental
      - Must show
        
        Health in controversy
        
        Good cause
  - - - Releveant
      - Proportional
    - - Work product
        
        In anticipation of litigation
        
        Qualified
        
        Shared IFF subs. need and hardship
        
        Absolute
      - Privileged
        
        Must be Express
        
        Add privilege log
    - - Court order to comply
    - - Merits Sanctions
      - Litigation Hold
- - - - For Cause
        
        Unlimited
      - Peremptory
        
        3 Challenges
        
        Cannot challenge race/gender
  - - - Who wins AND relief
    - - Jury answers fact Qs
  - - - After opposing heard, before jury
    - - IFF JMOL before
    - - w/in 28 days
      - Erroneous Instruction OR
      - New Evidence OR
      - Misconduct
      - Against weight of evidence
      - Excessive damages
- - - - 18 Years AND
      - Not a party
  - - - Personal Service OR
        
        Substituted Service OR
        
        Service on Agent OR
        
        State Method
        
        State where Fed sits
        
        Secretary etc.
        
        Usual Abode AND
        
        18YO resides there
        
        Handed to them
      - What If...
        
        Incompetant/Minor
        
        Corp.
        
        Officer
        
        State Methods
        
        ONLY State Method
      - Waiver of Service
        
        Must Include
        
        Notice & Request of Waiver AND
        
        Two copies of waiver form AND
        
        Paid return envelope
        
        TIMING
        
        Effective when filed with court
        
        Extends time to respond
        
        Does not waive defenses (PJ)
- - - - a. CONTACT
        
        Purposeful Availment
        
        Voluntary Act in forum
        
        Foreseeability
        
        Could D foresee being sued here?
      - b. RELATEDNESS
        
        Does claim arise out of contact with forum?
        
        YES
        
        Specific Jurisdiction
        
        NO
        
        Needs General PJ
      - c. FAIRNESS
        
        (Spec. PJ only)
        
        3 Factors Test
        
        Burden on D/Witness
        
        State Interest
        
        P's Interest
- - - - Yes?
        
        Public:
        
        Aims to keep local local
        
        Private:
        
        Convenience
        
        Burden on Requesting party
        
        Choice of Law
        
        Tr.EE Court Applies Tr.OR law
- - - - Yes? Fed Law b/c Suprem.Cl.
      - No? Is it substantive?
        
        Auto. Yes if:
        
        Conflict of Law
        
        Element of claim/defense
        
        Stat. of Lim.
        
        Tolling Stat. of Lim.
        
        New Trial Standards
        
        Not Auto? Judge decides
        
        Factors include:
        
        Outcome Determinative
        
        Balanced Interests
        
        Forum Shopping