What evidence is discoverable under the federal rules of civil procedure? I.e., what is the standard for discovery?

All evidence of any matter that is relevant to any claim or defense is discoverable?

What is the primary exception to the general rule of discoverability?

Privileged evidence is not discoverable.

What is the generally discoverable information relating to individual people?

The identity, address, and contact information of people with relevant knowledge of fact are discoverable?

What is the work product rule?

"Work product" is created in anticipation of litigation and is not discoverable unless the party seeking the work product makes a showing of a substantial need for the information and that obtaining it from the other party is necessary to avoid undue hardship.

When MUST summary judgment be granted?

Summary judgment must be granted by a court if:

(1) based on the all discoverable materials including pleadings, affidavits, complaint, and answer . . .

(2) it is apparent that there is no genuine issue of material fact . . . AND

(3) the proponent is entitled to a judgment as a matter of law.

What are the 3 main requirements for Claim Preclusion (Res Judicata) to be available?

(1) Both parties are the same as the original action (or in privity)

(2) There was a valid judgement on the merits in the original action, AND

(3) The cause of action is the same.

What are the 4 main requirements for issue preclusion (Collateral Estoppel) to be available?

(1) The parties are the same.

(2) There was a final judgment on the issues.

(3) The issue in both actions was the same.

(4) It would not be unfair to apply issue preclusion.

May a decision coming from a criminal trial have preclusive effect on a subsequent civil trial between the same parties?

Final decisions from a criminal trial will generally not have preclusive effect on a subsequent civil trial.

Why? The standard for criminal actions is beyond a reasonable doubt. The standard for civil trial is a preponderance of the evidence. As such, issues determined in a criminal trial will generally NOT preclude the same issues in a civil trial because the standard that was applied was higher.

What is the primary limitation on the jurisdiction of federal courts? What times of cases may federal courts generally hear?

Federal courts are courts of limited jurisdiction. As such, to have jurisdiction over an action, a federal court must be granted, by statute, jurisdiction. Generally, federal courts may hear:

(1) diversity cases

(2) federal question cases

What is necessary for a federal court to properly have federal question subject matter jurisdiction over a case?

The case must arise under the constitution, laws, or treaties, of the United States.

Is an anticipated defense based on federal law sufficient to give a federal court federal question subject matter jurisdiction?

No. The controversy itself must arise under federal law. An anticipated defense based on federal law is not enough.

How is one's citizenship for the purposes of diversity jurisdiction determined?

A person's state citizenship is established by their domicile.

How is domicile determined?

Domicile is the state in which an individual are physically present and which they intend to remain permanently or for an indefinite period of time.

Generally, will federal courts exercise jurisdiction over controversy involving (1) divorce decrees, (2) child custody, (3) or alimony?

Generally federal courts will not exercise jurisdiction over these family law issues.

What is the exception, the instance in which a federal court will hear a divorce issue?

There is a rare exception in which federal courts will hear a case that relates to the issuance of a divorce decree.

Under the FRCP, when may a party be joined? What are the general 2 requirements for joinder?

(1) Cause of action arises out of the same transaction or occurrence

AND

(2) There is a common question of law or fact

Where is a corporation a citizen?

(1) Every U.S. state and foreign country where the business is incorporated

AND

(2) the single state or foreign country where the corporation has its principle place of business?

What is a principle place of business.

The corporation's nerve center, from which high level management decisions are made.

What are the 2 main requirements for RJMOL?

(1) A motion for JMOL must have been(1) made during trial (2) based on the same grounds.

What is the fundamental standard for when a new trial may be granted?

When serious error occurred during the trial.

What is the standard for a new trial based on a decision that improperly admitted or failed to admit evidence?

Weight of the evidence.

What is the standard for a new trial based on juror misconduct?

Serious error that prejudiced the parties.

Where is venue proper? There are 3 main categories.

(1) The district where any defendants reside provided that all defendants reside in the same state.

(2) the district in which all or a substantial portion of the transaction or occurrence happened OR where the property is located.

(3) If (1) and (2) are not available, then any district that has personal jurisdiction over the defendants.

Interlocutory appeals are generally not appealable. What is the most prominent exception?

When . . .

(1) the interlocutory appeal involves a controlling question of law about which there is a substantial ground for dispute or difference in opinion)

AND

(2) an immediate appeal from the order will likely materially advance the termination of the dispute / litigation.