CIVIL PROCEDURE QUESTIONS AND
ANSWERS FOR REVISION. A+ RESULTS
GUARANTEED.
1. P, a citizen of state A, sues D, a citizen of state B, for a claim
with a value of 100,000. P would like to bring in a state claim on
the same action, what rules apply? This is *supplemental
jurisdiction* , and the test is
1. Whether the claim involves the same transaction and occurrence,
and, in a diversity case,
2. Whether P is attempting to assert a claim against a co-citizen.
Note: Supplemental jurisdiction does not require the amount in
controversy.
2. The police obtain a search warrant to search D'S home. They
arrive, knock and announce, but do not wait before entering. D
moves to suppress. How will the court rule? The court will deny
the motion because the exclusionary rule does not apply to a
violation of the "knock and announce" rule.
3. D is served with a summons and complaint. What are the six
affirmative defenses D must raise in his answer pleading if he
wishes to preserve them?
C A 2 S A 3 F: 1. Contributory negligence
2. Claim preclusion
3. SOF
4. SOL
5. Self-defense
6. Fraud
4. DI wants to assert a cross-claim against D2 that does not arise
from the same TIO as P's underlying claim. May he add this claim? No.
Unlike counter claims, cross claims *must* arise from the same T/O as
, CIVIL PROCEDURE QUESTIONS AND
ANSWERS FOR REVISION. A+ RESULTS
GUARANTEED.
the underlying claim. Additionally, counter claims must have an
independent basis for SMJ.
5. What are the four issues that the courts have determined are
*always substantive* and therefore the FC must apply *state law*?
1. Elements of a claim or defense
2. Statutes of limitations
3. Choice of law rules
4. Rules for tolling SOL
6. Which involuntary dismissals are not *"on the merits"*? Rule 41
states that an involuntary dismissal based on *lack of jurisdiction,
improper venue, failure to join an indispensable party* are to operate
on the merits, but our Supreme Court has said that Rule 41 is not
controlling on the matter, and therefore these four are not in fact
judgments on the merits. Therefore, *they do not have claim preclusive
effect. *
7. What constitutes a *reviewable order*?
1. Ordinarily, only a *final order* is appealable
- A final order is one that disposes of the entire case (i.e. all claims
and all parties)
2. Under FR, when multiple claims or parties are involved, the cut may
enter a final judgment as to fewer than all of the claims if (a) cut makes
an *express determination* that there is *no reason for delay* and (b)
an express direction for entry of the judgment.
3. Interlocutory orders as of right
ANSWERS FOR REVISION. A+ RESULTS
GUARANTEED.
1. P, a citizen of state A, sues D, a citizen of state B, for a claim
with a value of 100,000. P would like to bring in a state claim on
the same action, what rules apply? This is *supplemental
jurisdiction* , and the test is
1. Whether the claim involves the same transaction and occurrence,
and, in a diversity case,
2. Whether P is attempting to assert a claim against a co-citizen.
Note: Supplemental jurisdiction does not require the amount in
controversy.
2. The police obtain a search warrant to search D'S home. They
arrive, knock and announce, but do not wait before entering. D
moves to suppress. How will the court rule? The court will deny
the motion because the exclusionary rule does not apply to a
violation of the "knock and announce" rule.
3. D is served with a summons and complaint. What are the six
affirmative defenses D must raise in his answer pleading if he
wishes to preserve them?
C A 2 S A 3 F: 1. Contributory negligence
2. Claim preclusion
3. SOF
4. SOL
5. Self-defense
6. Fraud
4. DI wants to assert a cross-claim against D2 that does not arise
from the same TIO as P's underlying claim. May he add this claim? No.
Unlike counter claims, cross claims *must* arise from the same T/O as
, CIVIL PROCEDURE QUESTIONS AND
ANSWERS FOR REVISION. A+ RESULTS
GUARANTEED.
the underlying claim. Additionally, counter claims must have an
independent basis for SMJ.
5. What are the four issues that the courts have determined are
*always substantive* and therefore the FC must apply *state law*?
1. Elements of a claim or defense
2. Statutes of limitations
3. Choice of law rules
4. Rules for tolling SOL
6. Which involuntary dismissals are not *"on the merits"*? Rule 41
states that an involuntary dismissal based on *lack of jurisdiction,
improper venue, failure to join an indispensable party* are to operate
on the merits, but our Supreme Court has said that Rule 41 is not
controlling on the matter, and therefore these four are not in fact
judgments on the merits. Therefore, *they do not have claim preclusive
effect. *
7. What constitutes a *reviewable order*?
1. Ordinarily, only a *final order* is appealable
- A final order is one that disposes of the entire case (i.e. all claims
and all parties)
2. Under FR, when multiple claims or parties are involved, the cut may
enter a final judgment as to fewer than all of the claims if (a) cut makes
an *express determination* that there is *no reason for delay* and (b)
an express direction for entry of the judgment.
3. Interlocutory orders as of right
