Civil Procedure Wrong Answers

What does issue preclusion mean?

issues actually litigated between the parties are binding on them in subsequent actions concerning the same claim, provided the findings in the first action were essential elements

When does the in-state defendant restriction on removal apply?

only when removal is based solely on diversity of citizenship jurisdiction

When does the 7th Amendment give a right to a jury trial at common law

In lawsuits where the amount in controversy exceeds $20

For the purposes of diversity jurisdiction, where are partnerships considered citizens?

Each state where any partner is a citizen

When may supplemental jurisdiction be used?

May be used when:

• 1 other claim has federal question or diversity jurisdiction;

• the supplemental claim is derived from the same common nucleus of operative fact; and

• are such that P would ordinarily be expected to try them in the same proceeding

When is a claim barred by claim preclusion?

When it is arising from the same transaction or occurrence as the claim asserted, and it’s not added as a counterclaim

When may a court grant an ex parte order without notice to the other party?

When the requesting party:

• provides an affidavit certifying immediate and irreparable damage;

• certifies in writing all efforts to notify other party and why the notice shouldn’t be required; and

• provides security to pay fines and costs if other party is wrongfully enjoined or restrained

When are third party claims maintained?

When D (who is also the third party plaintiff), alleges that the third party defendant is liable to D for damages owed to P

What must a party include in a motion to compel discovery?

a certification of good faith attempt to get discovery

What are the consequences of refusing discovery, to then have it compelled by the court at the request of another party?

• are sanctions available?

If discovery has to be compelled, the party that requested it may recover fees

• no sanctions will be available

When may P voluntarily dismiss a lawsuit?

• hint: 2 scenarios

Before D’s answer, P may dismiss with notice of dismissal.

If D has answered or responded, they can only dismiss at court’s discretion

Can parties appeal an injunction?

Yes, parties have a right to appeal any order granting, continuing, modifying, refusing, or dissolving an injunction

When does review occur under the interlocutory appeals act?

1. trial judge certifies that interlocutory order involves controlling question of law;

2. substantial ground for difference of opinion;

3. immediate appeal may materially advance ultimate termination of litigation; and

4. court of appeals agrees to allow it

Does the interlocutory appeals act apply to injunctions?

no