Fechar
Every state has what three statutes allowing PJ?
What are the three types of PJ?
What is the traditional analysis for PJ?
What is the Burnam split and to what does it apply?
What is the modern test for PJ?
What are the three components of relevant contact?
Describe purposeful availment.
Describe foreseeability.
What are the two Stream of Commerce Theories?
For PJ, where does relatedness come in?
What is the historic view of general jurisdiction?
What is the new view of general jurisdiction?
What is the difference between general jurisdiction for a human and for a corporation?
When does the question of Fairness arise?
What are the five fairness factors?
What are the four clauses of consent that can be found and will be enforced between two parties?
Define In ream and Quasi in rem power over the ∆'s property.
What are the old and new rule for using in rem/quasi in rem as a basis for jurisdiction?
What Rule governs notice?
What Rule governs service to an individual?
According to Rule 4(e) what are the four ways to serve notice?
Name and describe the two rules that govern service of process for a business.
What is Rule 4(d)?
What is the Constitution Test for notice?
How is SMJ different from Venue?
What claims can state courts hear?
What three types of claims can federal courts hear?
State the complete diversity rule.
What is a citizen for US citizens?
What is the citizenship of a corporation?
What is a corporations principle place of business?
What is the citizenship of an unincorporated business?
What are the two requirements for diversity citizenship?
Does the amount in controversy matter for a Federal Question claim?
Define a federal question.
What is the Motley Rule?
Describe supplemental jurisdiction.
What are the two questions you ask regarding supplemental jurisdiction?
Describe §1367(a).
What are the three main points of §1367(b).
What is removal?
What are the three general rules for removal?
True of False: Claims involving federal questions where the π and the ∆ are diverse are always removable, regardless of the citizenship of the parties.
What does §1447(e) address?
Under §1391(b), what are the π's choices for venue?
How do you determine where one "resides"?
What is a transfer of venue?
What is the difference between §1404(a) and §1406(a)?
What is forum non-convenience?
What is the Earie Doctrine?
What is the Hanna Prong of the Earie Doctrine?
What are the two theories for analysis for the Earie Doctrine?
What are the twin aims of Earie?
What does Pleadings involve?
What are the three things every complaint must have?
Explain the historic and modern approach to the statement of the claim.
A ∆ must respond within 21 days (unless waived notice, than 60). In what three ways can a ∆ respond?
What is Rule 55?
What is the difference between a motion and a pleading?
What are the two pre-trail motions?
List Rule 12(b)(1-7)
What are the restraints on Rule 12(b) motions?
What must the answer address?
Where are denials and affirmative defenses raised?
True or False: Failure to deny is not an admission.
List and describe the two types of denials.
When Rule 12(b)(1-7) is raised in the answer, it is called...
What are the joinder rules for a π?
What are the two types of claim joinder by a ∆?
What are the two types of counter claims?
Define a compulsory counter claim.
Define a permissive counter claim.
An affirmative answer to any of the Four Plant Test means a claim is compulsory. What is the Four Plant Test?
What is a cross claim?
What is the test for proper parties under Rule 20(a)?
What are the three types of third-party joinders?
What is the standard for bringing in indispensable parties?
What three questions must be answered for the joinder of an absentee to be feasible?
What are the two actions you can take if the absentee is not feasible?
Describe an Impleader.
Describe Intervention.
List and define the types of intervention?
True or False: The rules surrounding discovery are very broad.
What are the three stages of Discovery?
What happens during Initial Disclosure under Rule 26(a)?
What can happen if a party can show "good cause" during the stages of discovery?
What are the two requirements for discoverable information?
What are the 5 main tools of discovery?
What is the work product rule?
What is an adverse inference sanction?
What are the 3 requirements for an adverse inference sanction?
What are the four ways that a claim can be adjudicated before it gets to trial?
What is an expert according to Federal Rule of Evidence 702?
What are the three types of experts?
How does prejudice work for dismissal?
What are the two types of Dismissal?
What are the for types of involuntary dismissal?
What is summary judgment?
What is the Opportunity Principle in preclusion?
What is Res Judicata?
What are the for requirements for Res Judicata?
What are the three different tests for determining "same claim" in res judicata?
Is there an exception for non-parties in preclusion claims?
What is another name for issue preclusion?
What are the three requirements for issue preclusion (disregarding the party requirements)?
