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24 Cards in this Set
- Front
- Back
3 |
Civil action commenced by filing complaint with court |
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8 |
General Rules of Pleading:
(b) Defense must Admit, Deny, or "I don't know" |
|
12b6 |
(b) D may assert (6) failure to state claim for which relief can be granted. |
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23a |
(1) numerosity (2) commonality (issues of law or fact) (3) typical claims/defenses to class (4) party fairly/adequatly protect class interests |
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23b |
Cannot be class if: ruling would result in inconsistencies, impair other parties from protecting their interests, there is a better way, the class would be too large. |
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26a1a |
Must provide opponent applicable (i) names, addresses, numbers (ii) documents (iii) damages calculations (iv) applicable insurance agreements |
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26b1 |
scope of discovery includes any reasonable avenues |
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26b2 |
Courts can limit discovery if: duplicative, party had ample opportunity before, burden/benifit (especially in e-discovery) |
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26b5b |
"claw back" - must act quickly if accidentally submitted privileged info |
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30,31,32 |
30 & 31 Can depose most anyone by subpoena 32 Depositions = binding testimony |
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33 |
you get 25 interrogatories |
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34 |
May inspect/sample, places/things politely |
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36 |
may request admittance. (So we agree, it was raining on the night in question?) |
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37 |
discovery sanctions |
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38 |
The 7th grants you 14 days after last pleading on any issue to request a jury trial |
|
41 |
P can dismiss claim before D answers or if D signs request
|
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47 |
Jury selection, 3 strikes each side, also 28 USC 1870 says this. |
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50 |
Judge may ignore clearly erronious jury findings |
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52a |
Findings of fact must be considered and mentioned separately from findings of law in courts ruling (for against motions). Again, can only ignore clearly erroneous findings. |
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54b |
Can only appeal (interlocutory) if your entire claim is final, so interlocutories only apply to multiple claim/party actions. liberty mutual. |
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56 |
Summary judgment, party may motion for sum judge on an issue where there is no genuine dispute of material fact and they are entitled to a judgment of law (b) within 30 days after discovery ends. |
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60b |
The court can correct any mistakes up until an appeal is docketed. An appeal may claim a lower court made a mistake, new evidence that could not have been discovered during last trial, or fraud by the opponent. |
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7th Amd |
Right to jury trial amendment. Rule 38 covers this. Not incorporated, so applies to federal courts only. Also see the outcome determinate test. |
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28 usc 1870 |
3 jury strikes, rule 47 stipulates this. |