Juris Doctor (JD) Civil Procedure Flashcards

24 sample cards from the Civil Procedure deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. What is a compulsory counterclaim under Rule 13(a), and what happens if it is omitted?

   A counterclaim that arises out of the same transaction or occurrence as the opposing party's claim. It must be pleaded in the current action or it is forfeited (cannot be brought later). It needs no independent jurisdictional basis (supplemental jurisdiction applies).

2. Distinguish permissive joinder of claims (Rule 18) from permissive joinder of parties (Rule 20).

   Rule 18: a party may join as many claims as it has against an opposing party (related or not). Rule 20: plaintiffs/defendants may be joined if claims arise from the same transaction/occurrence (or series) AND share a common question of law or fact.

3. What is a required (necessary) party under Rule 19(a), and what happens if joinder is not feasible?

   A party is required if (1) complete relief cannot be given without them, or (2) they claim an interest that would be impaired or expose existing parties to multiple/inconsistent obligations. If joinder is infeasible, the court applies Rule 19(b) factors to decide whether to proceed or dismiss (party is 'indispensable').

4. What is impleader (third-party practice) under Rule 14?

   A defending party (third-party plaintiff) may bring in a non-party (third-party defendant) who is or may be liable to it for all or part of the plaintiff's claim — i.e., for indemnity or contribution (derivative liability).

5. Compare intervention of right and permissive intervention under Rule 24.

   Of right (24(a)): the movant has an interest that may be impaired and is not adequately represented (or a statute grants the right). Permissive (24(b)): the movant's claim/defense shares a common question of law or fact with the action; granting is discretionary.

6. List the four prerequisites of Rule 23(a) for any class action.

   Numerosity (class so numerous joinder is impracticable), Commonality (common questions of law or fact), Typicality (representatives' claims are typical of the class), and Adequacy (representatives will fairly and adequately protect class interests).

7. Describe the three types of class actions under Rule 23(b).

   (b)(1): separate actions risk inconsistent results or impair absent members ('limited fund'); (b)(2): defendant acted on grounds applying to the class, making injunctive/declaratory relief appropriate; (b)(3): common questions predominate and a class action is superior — requires notice and opt-out rights.

8. Which Rule 23 class type requires notice and opt-out rights, and why?

   Rule 23(b)(3) damages classes require the best notice practicable and the right to opt out, because members are bound by a money judgment and due process demands an opportunity to exclude themselves (Eisen; Phillips Petroleum v. Shutts).

9. What is the scope of discovery under Rule 26(b)(1)?

   Parties may obtain discovery regarding any nonprivileged matter relevant to a claim or defense and proportional to the needs of the case. Information need not be admissible to be discoverable.

10. What are the proportionality factors under Rule 26(b)(1)?

    (1) The importance of the issues at stake; (2) the amount in controversy; (3) the parties' relative access to information; (4) the parties' resources; (5) the importance of discovery in resolving the issues; and (6) whether the burden/expense outweighs the likely benefit.

11. What is the work-product doctrine and how is it overcome?

    Rule 26(b)(3) protects documents prepared in anticipation of litigation by/for a party or its representative. Ordinary work product is discoverable only on a showing of substantial need and inability to obtain the equivalent without undue hardship; opinion (mental impressions/legal theories) work product gets near-absolute protection.

12. List the principal discovery devices under the Federal Rules.

    Required initial disclosures (Rule 26(a)); depositions (Rules 30/31); interrogatories (Rule 33, limit 25 to other parties); requests for production of documents/ESI (Rule 34); physical/mental examinations (Rule 35, requires court order and good cause); and requests for admission (Rule 36).

13. What is the standard for granting summary judgment under Rule 56?

    The court grants summary judgment if the movant shows there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. Evidence is viewed in the light most favorable to the nonmovant (Celotex/Anderson/Matsushita).

14. What is the difference between a voluntary dismissal under Rule 41(a) and a default judgment under Rule 55?

    Voluntary dismissal: the plaintiff dismisses its own action (first one is without prejudice; a second of the same claim is with prejudice). Default judgment: entered against a defendant who fails to plead or defend; clerk may enter for a sum certain, otherwise the court enters it.

15. Compare judgment as a matter of law (Rule 50(a)) and renewed JMOL (Rule 50(b)).

    Rule 50(a) JMOL is made after the opposing party is fully heard but before the case goes to the jury, granted if no reasonable jury could find for that party. Rule 50(b) renewed JMOL is made after the verdict but requires a prior Rule 50(a) motion; it must be filed within 28 days of judgment.

16. What is the standard and deadline for a motion for a new trial under Rule 59?

    A new trial may be granted for reasons such as a verdict against the great weight of evidence, excessive/inadequate damages, prejudicial error, or misconduct. The motion must be filed within 28 days after entry of judgment. (Unlike JMOL, the judge may weigh evidence and assess credibility.)

17. What is remittitur (and the federal status of additur)?

    Remittitur: the court conditions denial of a new trial on the plaintiff accepting a reduced damages award the court deems excessive. Additur (increasing an inadequate award) is unconstitutional in federal court under the Seventh Amendment (Dimick v. Schiele).

18. State the elements of claim preclusion (res judicata).

    (1) A valid final judgment on the merits; (2) the same claim/cause of action (same transaction or occurrence); and (3) the same parties (or those in privity). It bars relitigation of claims that were or could have been raised in the first suit.

19. State the elements of issue preclusion (collateral estoppel).

    (1) The same issue was actually litigated and (2) actually determined, (3) the determination was essential to a valid final judgment, and (4) the party to be bound had a full and fair opportunity to litigate it.

20. Distinguish offensive from defensive nonmutual issue preclusion.

    Defensive: a defendant uses a prior judgment to prevent a plaintiff from relitigating an issue the plaintiff lost. Offensive: a plaintiff uses a prior judgment to estop a defendant who lost the issue before. Offensive use is discretionary (Parklane Hosiery) and disfavored where it would be unfair or the defendant lacked incentive to litigate earlier.

21. What is the 'final judgment rule' for appeals, and its statutory basis?

    Under 28 U.S.C. § 1291, courts of appeals generally have jurisdiction only over final decisions — those that end the litigation on the merits, leaving nothing but execution of the judgment.

22. Name the principal exceptions allowing appeal before final judgment.

    (1) Interlocutory orders re injunctions etc. (§ 1292(a)); (2) discretionary certified appeals of controlling legal questions (§ 1292(b)); (3) the collateral order doctrine (Cohen); (4) Rule 54(b) certification of final judgment on some claims/parties in a multi-claim case; and (5) mandamus.

23. State the standards of appellate review for questions of law, fact (judge), and fact (jury).

    Questions of law: de novo. Findings of fact by a judge: 'clearly erroneous' (Rule 52(a)). Jury fact findings: reviewed only for sufficiency of the evidence (highly deferential). Discretionary rulings: abuse of discretion.

24. What is the harmless error doctrine on appeal?

    Under Rule 61 / 28 U.S.C. § 2111, an appellate court will not reverse for errors that do not affect a party's substantial rights; the appellant must show the error was prejudicial, not merely that error occurred.

What this deck covers

Civil Procedure flashcards FAQ