STUDENTS SUCCESS
Revision Examination Tests
“Come all for this greatness”
...100% Correct Ans...
CIV 3701 (CIVIL PROCEDURE) ASSIGNMENT 1 SEMESTER 1
ANSWERS/SOLUTIONS (UNISA) 2024 /2025 - DISTINCTION
GUARANTEED 100%
Big Picture for Civ Pro
ans:> "Please Sue Vendors Selling Putrid Jam.
Definitely Place Calls To Authorities Immediately."
-Personal jurisdiction
-SMJ - removal, supplemental
-Venue (which specific ct)- transfer, forum NC
-State law - Erie
-Pleadings (proper?)
-Joinder
-Discovery
-Pretrial Adjudications
-Conferences and Meetings
-Trial
-Appeals
-Issue and Claim Preclusion
PJ - traditional Statutory (in personam)
ans:> PP DC LA (cities Philly; DC; LA)
Physically present and served with process
Domiciled or Consent
Long Arm
OR for in rem/quasi in rem: attach!
Personal jurisdiction traditional
ans:> PJ refers to a court's power to exercise power over a defendant.
Thee are three bases from which a court can derive the authority
traditional, statutory and constitutional bases. Traditionally, IPJ is based
on physical presence and service of process, domiciled, or consent.
,PJ long arm statute
ans:> Since no traditional basis exists, teh P must look to see if the state
has a long arm statute that would allow IPJ over the D. A long arm
statute gives the court personal jx over an out-of cout deefndant.
CA PJ:
ans:> Satisfies the statute (long-arm statute reaches the constitutional
limit, and satisfies the due process requirements of the Constitution.
PJ - Constitutional Limits:
ans:> My Parents Frequently Forgot to Read Children's Stories"
-Minimum contacts (factors:
-Purposeful Availment
-Foreseeability
Fairness & substantial justice (factors:
-Relatedness of contact & claim
specific: claim from contact
general: continuous/sys ties
-Convenience (Ws, no disadvantage in lit)
-State's interest (in protecting litigants)
PJ Constitutional limits
ans:> To be constitutional there msut be sufficient minimum contacts
with the forum state and the defendant so as to not offend the traditional
notions of fair play and substantial jsutice. The USSC has listed a series
of factors with which to assess teh constitutionality of PJ. In gernal the
factors fall under two headings: minimum contacts and fairplay and
substantial justice
Minimum contacts bar code
ans:> A DEF is said to have minimum contacts when there is purposeful
availment of the laws of the form state, such that it is reasonably
foreseeable that they will be "haled into court" there.
Purposeful availment
ans:> Purposeful availment occurs when the defendant, through her
contacts with the forum state, has availed herself of the privilege of
conducting activities in the forum state, thus invoking the benefits and
protections of its laws.
minimum contacts
ans:> Minimum contacts requires a showing of purposeful availment and
foreseeabilty.
,1) The courts must find that defendant purposefully availed herself of the
privilege of conducting activities in the forum state, thus invoking the
benefits and protections of its laws.
2) Additionally, the defendant must have foreseen that they would have
been haled into court in the forum state. The defendant must known or
reasonably anticipate that her activities in teh forum render it foresseable
that it may be haled into court there.
-Headings MINIMUM CONTACTS, PURPOSEFUL AVAILMENT ,
FORESEEABILITY
PJ - relatedness
ans:> The claim must be related to the defendant's contacts with the
forum. This requires a showing of either specific or general jx.
-General jurisdiction- The court will look to see if te D is "at home" in the
forum. To be "at home" an individual defendant must be domiciled in the
state or if a corporate defendant have its principal place of business or e
incorporated in the state
-The claim must be related to teh D's contacts with the forum.
-ex - P can say but for D's actions or use proximate cause
PJ fairness
ans:> The court, in determining whether exercising PJ over defendant is
fair, will look at the convience to the defendant, teh state's interest and
other factors.
-CONVENIENCE - A forum is constitutionally acceptable unless it is so
gravely difficult and inconvenient that the defendant is put at a severe
disadvantage.
-ex. the potential inconvenience to D would not overturn a finding of PJ
STATE'S INTEREST - The forum state may ahve a legitimate interest in
providing redress for its residents.
OTHER INTEREST - Other factors include the P's interst, teh judical
system's interst and teh shared interests of the states. Here, the
PJ conclusion
ans:> In conclusion , the factors more stronly support a finding that PJ
exists over defendnat, and thus the court's ruling to deny D's motion to
dismiss for lack of PJ was proper.
Right to jury trial
ans:> Although a federal court sitting in diversity will apply federal
procedural law and state substantive law under the Erie doctine, the right
, to a jury trial is preserved for civil cases over $20 under the United
States Constitution.
-It is well established that in a standard civil case, The consititonal
provision is appiled over any contrary state provision.
SMJX
ans:> SMJ (diversity or fed q, all additional: supplemental)
SMJ - Diversity:
Diversity: parties citizens of diff states (no π lives where Δ)
Plead claim $75k+ (if actually less, pay winner's costs) (if injunction:
decrease in prop value exceeds amt or compliance exceeds)
-Excluded: divorce, alimony, child custody, probate
SMJ - federal question:
ans:> Enforcing a federal right, and
Other claims fit diversity/fq/or supplemental.
SMJ - supplemental jurisdiction
ans:> Shares common nucleus of operative fact (transaction and
occurrence) with claim under proper SMJ, but
Π cannot overcome lack of diversity (only Δ can);
Judge has discretion not to hear supp claim if:
1. FQ is dismissed early in proceedings
2. state law claim is complex, or
3. state law issues would predominate.
SMJ - Δ's Removal done from state to fed if
ans:> w/in 30 days of service,
all Δs agree to removal,
unless diversity case and Δ is a citizen of forum (but removable once π
dismisses citizen Δ from case, Δs have up to one year to remove),
to district court embracing that state court.
If improper, π moves in fed court for remand w/n 30 days of removal (no
time limit if no fed SMJ).
Δ's filing of permissive counter-claim in state waives removal, but not
compulsory cc.
Removal based on FQJ
ans:> For a federal court ot have SMJ on FQJ, the federal question must
arise from laws, treaties, etc. of the United States, as presented in the
P's well-pleaded complaint.
Revision Examination Tests
“Come all for this greatness”
...100% Correct Ans...
CIV 3701 (CIVIL PROCEDURE) ASSIGNMENT 1 SEMESTER 1
ANSWERS/SOLUTIONS (UNISA) 2024 /2025 - DISTINCTION
GUARANTEED 100%
Big Picture for Civ Pro
ans:> "Please Sue Vendors Selling Putrid Jam.
Definitely Place Calls To Authorities Immediately."
-Personal jurisdiction
-SMJ - removal, supplemental
-Venue (which specific ct)- transfer, forum NC
-State law - Erie
-Pleadings (proper?)
-Joinder
-Discovery
-Pretrial Adjudications
-Conferences and Meetings
-Trial
-Appeals
-Issue and Claim Preclusion
PJ - traditional Statutory (in personam)
ans:> PP DC LA (cities Philly; DC; LA)
Physically present and served with process
Domiciled or Consent
Long Arm
OR for in rem/quasi in rem: attach!
Personal jurisdiction traditional
ans:> PJ refers to a court's power to exercise power over a defendant.
Thee are three bases from which a court can derive the authority
traditional, statutory and constitutional bases. Traditionally, IPJ is based
on physical presence and service of process, domiciled, or consent.
,PJ long arm statute
ans:> Since no traditional basis exists, teh P must look to see if the state
has a long arm statute that would allow IPJ over the D. A long arm
statute gives the court personal jx over an out-of cout deefndant.
CA PJ:
ans:> Satisfies the statute (long-arm statute reaches the constitutional
limit, and satisfies the due process requirements of the Constitution.
PJ - Constitutional Limits:
ans:> My Parents Frequently Forgot to Read Children's Stories"
-Minimum contacts (factors:
-Purposeful Availment
-Foreseeability
Fairness & substantial justice (factors:
-Relatedness of contact & claim
specific: claim from contact
general: continuous/sys ties
-Convenience (Ws, no disadvantage in lit)
-State's interest (in protecting litigants)
PJ Constitutional limits
ans:> To be constitutional there msut be sufficient minimum contacts
with the forum state and the defendant so as to not offend the traditional
notions of fair play and substantial jsutice. The USSC has listed a series
of factors with which to assess teh constitutionality of PJ. In gernal the
factors fall under two headings: minimum contacts and fairplay and
substantial justice
Minimum contacts bar code
ans:> A DEF is said to have minimum contacts when there is purposeful
availment of the laws of the form state, such that it is reasonably
foreseeable that they will be "haled into court" there.
Purposeful availment
ans:> Purposeful availment occurs when the defendant, through her
contacts with the forum state, has availed herself of the privilege of
conducting activities in the forum state, thus invoking the benefits and
protections of its laws.
minimum contacts
ans:> Minimum contacts requires a showing of purposeful availment and
foreseeabilty.
,1) The courts must find that defendant purposefully availed herself of the
privilege of conducting activities in the forum state, thus invoking the
benefits and protections of its laws.
2) Additionally, the defendant must have foreseen that they would have
been haled into court in the forum state. The defendant must known or
reasonably anticipate that her activities in teh forum render it foresseable
that it may be haled into court there.
-Headings MINIMUM CONTACTS, PURPOSEFUL AVAILMENT ,
FORESEEABILITY
PJ - relatedness
ans:> The claim must be related to the defendant's contacts with the
forum. This requires a showing of either specific or general jx.
-General jurisdiction- The court will look to see if te D is "at home" in the
forum. To be "at home" an individual defendant must be domiciled in the
state or if a corporate defendant have its principal place of business or e
incorporated in the state
-The claim must be related to teh D's contacts with the forum.
-ex - P can say but for D's actions or use proximate cause
PJ fairness
ans:> The court, in determining whether exercising PJ over defendant is
fair, will look at the convience to the defendant, teh state's interest and
other factors.
-CONVENIENCE - A forum is constitutionally acceptable unless it is so
gravely difficult and inconvenient that the defendant is put at a severe
disadvantage.
-ex. the potential inconvenience to D would not overturn a finding of PJ
STATE'S INTEREST - The forum state may ahve a legitimate interest in
providing redress for its residents.
OTHER INTEREST - Other factors include the P's interst, teh judical
system's interst and teh shared interests of the states. Here, the
PJ conclusion
ans:> In conclusion , the factors more stronly support a finding that PJ
exists over defendnat, and thus the court's ruling to deny D's motion to
dismiss for lack of PJ was proper.
Right to jury trial
ans:> Although a federal court sitting in diversity will apply federal
procedural law and state substantive law under the Erie doctine, the right
, to a jury trial is preserved for civil cases over $20 under the United
States Constitution.
-It is well established that in a standard civil case, The consititonal
provision is appiled over any contrary state provision.
SMJX
ans:> SMJ (diversity or fed q, all additional: supplemental)
SMJ - Diversity:
Diversity: parties citizens of diff states (no π lives where Δ)
Plead claim $75k+ (if actually less, pay winner's costs) (if injunction:
decrease in prop value exceeds amt or compliance exceeds)
-Excluded: divorce, alimony, child custody, probate
SMJ - federal question:
ans:> Enforcing a federal right, and
Other claims fit diversity/fq/or supplemental.
SMJ - supplemental jurisdiction
ans:> Shares common nucleus of operative fact (transaction and
occurrence) with claim under proper SMJ, but
Π cannot overcome lack of diversity (only Δ can);
Judge has discretion not to hear supp claim if:
1. FQ is dismissed early in proceedings
2. state law claim is complex, or
3. state law issues would predominate.
SMJ - Δ's Removal done from state to fed if
ans:> w/in 30 days of service,
all Δs agree to removal,
unless diversity case and Δ is a citizen of forum (but removable once π
dismisses citizen Δ from case, Δs have up to one year to remove),
to district court embracing that state court.
If improper, π moves in fed court for remand w/n 30 days of removal (no
time limit if no fed SMJ).
Δ's filing of permissive counter-claim in state waives removal, but not
compulsory cc.
Removal based on FQJ
ans:> For a federal court ot have SMJ on FQJ, the federal question must
arise from laws, treaties, etc. of the United States, as presented in the
P's well-pleaded complaint.
