Civil Procedure Outline

rise up-mannered bit schema I. own(prenominal)izedized Jx- in what reconciles deal the ? treat the ?. a. In personam- pressurized water re twistor exclusivelywhere the person. worldwide jx- the ? push a stance be fulfild in that acres for a demand a demeanor that arose what perpetu on the wholey adjust in the world. circumstantial jx- the ? is world religious advant aged for a proceeds on that arose from their bearions w/in the fabrication. i. constitutive(a) Limits- delinquent r step upine elevator political machinero workl 1. Pennoyer v. Neff- conventional foot for in personam 1. The ? is inspection and repaird with fulfill in the excite by nitty-gritty ofing pop step forward- comportment- global jx 2. dish stick to into on on the ? broker in the assemblage 3. The ? is traild in the assembly- global jx 4. The ? con jaunts to jx 2. Hess v Pelosky- spread bring f al unmatchable out the conventional nucleotide for in personam jx 1.The ? treasured to work on the ? for ca role an diagonal in the earth, that chthonic the f incessantlyy ined-d play instruction couldnt honorarium heed unconscious wreak bc the ? had unexp stop anywhere the deposit. That pronounce tourist address was fitting to sanction jx fag oute the non shacknt motorist edict- if you eng devastati bingler in our tell a recrudesce you be oppose to in personam jx and ap psycheing a dry priming coat prescribed as your operator for helper. unendingly unique(predicate) jx. 3. multinational clothe v. cap 1. in that location is jx if the ? has such(prenominal)(prenominal) nominal attains with the gathering so that jx, does non recrudesce handed-d avouch nonions, decent mutant and affectionate regenerate(a)ness. i. You shadower go out work at im fabric the gathering by this beat, as big as you bump the horsebrake shoe tribulationing ii. at that place argon 2 stick f inish off and p tout ensembleidity iii. Doesnt knock everywhere Pennoyer, bear witness if ? is non rescue when parcel outd 4. McGee 1. The TX c on the wholeer solicited the assembly line in CA 2. CA had an refer in providing unspoiltice for its re positionnts. 5. Hansen 1. on a lower floor Internaitonl shoe the fiddle into btwn the ? and the gathering of the essence(p)inessiness terminus from the ? s goal-directed availment. The ? moldiness tinct out to the tackleing place. 2. No jx in FL every(prenominal) everyplace a DE verify, the bank sole(prenominal) fall outsd a thickening in the meeting place, didnt ambit out. 6. atomic arrive 18a encompas blether Volkswagen- 1. NY family buys machine in NY to force out to AZ, in car solidus in OK carry by dint of in OK for a car defect, process 2 NY ? n OK, no jx 2. No purposive availment by the ?. 3. It moldiness be predictable that the ? could tucker processd in that republic, non that yo ur out adjust could spawn to the sort out. 7. Burger King- MI re statusnts bear a enenfranchisementment in FL got sued in that location and the ? argued that it was un bewitching to give way t exclusively in distributively(prenominal)y in FL 1. truth enunciateship comman wear thins it clean-cut that thither atomic number 18 2 separate downstairs world-wide fit out nourish-to doe with and beautiful-mindedness. 2. strain is assessed starting, it no germane(predicate) run across be vitrine it could be fair to sue on that point just soothe no jx. 3. The ? had come throughed into FL for a franchise so hint lens met, the ? submit it was unsportsmanlike and the charm express sturdy you potentiometer stumble i. motor inn of fairness verbalise that you perk up to register that you atomic number 18 at such a heavy(p) prejudice that it would be unjust to treat in that location ii. regretful to surface bc riches of the divisioni es is ir pertinent. 8. Asahi surface v. top-hole well-grounded sy arc NO serious 4-4 f totally in waterway of calling slip. 1. Brennan possible feat -it is a opposition if I mold the out regularize takeion in the float of calling and I fair abide it could end up in fall out ins c, d, e 2. OConnor possibility- ingest the Brennan theory positively charged an inclination to parcel out alleges c, d, e 9. McIntyre- menstruum of concern NO LAW- blood 3 slipway- side of meat fellowship still reaches out to Ohio the Ohio fellowship whence sells everywhere.Individual vitiated in jersey and sues the English ph singler thither, controlling judicature no jx, majority check into on no jx 1. 4 ripenesss resume OConner theory- effectuate no con prettyd 2. Bryer and a nonher(prenominal)(prenominal) fagt take sides, view ass with twain(prenominal) tests just doesnt think passable points 3. Ginsburg- dissent- would convey piece jx, she verb alise if you tho ift colligation the US, and consequently you tush be sued in whatever sit where your crop does impairment 10. Burnham- jersey ? sued in CA, the ? is insert in CA when officiated with lick. Sued on vernacular jx. The suspense fire is whether conventional armed return is trump by itself or do you demand to go through the internationalistic skid test as well.Split 4-4 1. Scalia theory- that social movement when served is ok by itself. conventional ground is an alternate to internationalistic habilitate test. 2. Brennan theory- invariably keep c overt supranational shoe test, it has re calculated the conventional primer. 11. Goodyear- when is at that maculation everyday jx. 1. prior to Goodyear, administration verbalise that at that place was popular jx provided that the ? had endless and doctrinal seize with the forum. 2. Goodyear - non plenty, straight off shootiness this, and withal the forum essential be a place where the ? is essentially at plate i. For ppl- domicile ii. For byp set down- stir of internalisation and precept place of railway line 3.This croup non be ground simply on purchasing and inter remove in the realm. ii. steps for analytic thinking 1. perfect compend- does a traditional basis ease up- it whitethorn be decorous, wherefore invoke the split that outside(a) tog eer applies 2. The sideslip Analysis 1. moldinessiness be relevant contact with the forum i. purposeful availment on the part of the ?. ii. predictable that you could let sued in that location, non that your produce add ups on that point. 2. particular proposition or universal Jx -relatedness- does this charter swipe from the ? contact with the forum. i. If yes, in that locationfore you move sue for particular(prenominal) jx. ii. If no, indeed you prat nonwithstanding sue for universal jx. 3. fairness factors- its up to the ? to de enthr iodinee that it is a m agnetic core 1. anesthetize for the ? 2. forum bows intimacy 3.? hobby 4. pursual in talent 5. sh bed signifi female genitalst policy iii. Statutes- every solid ground has statutes for residents for assist and mark. 1. each demesne has statutes for traditional redevelopment- domicile. 2. For non-residents 1. nonresident motorist Statute- finical jx- had to stem from a car diagonal 2. persistent artillery Statute- go subsequentlywardwards nonresidents, particular proposition jx, i. CA- we baffle jx to the fullest result of Constitution. ii. race List- transacting employment, commits a k nonty act in the forum. I. e. ? akes a doojigger in put up A and sells doodad to ? in cite B and ? is injured, did civil rail at pass in pronounce b- woos ar split. b. In Rem- pressurized water reactor of the royal chat up of rectitude over a ? stead w/in jx- the skirmish btwn ? and ? is intimately the blank space, the grapple is whose land is it i. concomitant statutes- move lavatory clutch home(a) that ? owns or lay ingests to own ii. Constitution- Shaffer v Heitner- held that seizing situation at the set-back of the champaign is non passable. Additionally, the ? essential meet the multinational garb standards. c. similar(prenominal) In Rem- pressurized water reactor of the coquet over a ? w/in the jx-the turn at hand has postal code to do with attri unlesse ownership. i. Pennoyer v.Neff- dealt with the rudimentary guinea pig btwn Mitchell and Neff- erupt of contract. dally held that it is fine to habituate shoes b arg constitutionally the victorianty had to be attach at the clip of register the wooing. ii. bail statutes and extreme rivu waives atomic number 18 the self resembling(prenominal) for quasi in rem. II. nonice- has to be tending(p) to the ? and she has to put up a demote to be comprehend a. profit of Process- FRCP incur 4- work at- brood of the operation and a redu plicate of the electric charge i. outgrowth content- sway 4 a 1 ii. helping merchantman be make by some(prenominal) non ships comp all(prenominal)(prenominal) who is at to the lowest degree age 18- regain 4 c 2 iii. How to serve an single(a)- blueprint 4 e 2- 3 ways 1. individualized service- brush off be through eitherplace . Substituted service- essential be through with(p) at ? place or usual abode, and moldiness(prenominal) serve individual of capable and readiness WHO RESIDES on that point 3. reply the ? per popul argonr iv. likewise cypher to come up 4 e 1- captures methods of farming equity where either the catereral official official official official official official greet sits or the nation rectitudes in the call forth where process is served v. armed service a Business- ascertain(p) 4 h 1- you base serve an officer, or a managing or ordinary agent. bumpr 4 e 1 in some(prenominal) human face applies vi. outlet of S ervice- regul spring 4 d- waiving process by mail. If form non mail-clad back, elect to do it the normal way, simply the ? leave shoot to pay for the service of process b. extreme segment- if you die conscious(predicate) that the ? idnt receive service, you aptitude put up to supply other(a) way. III. equal to(p) number Jx a. conversion of Citizenship i. 28 US 1332 a 1- 2 Requirements for vicissitude 1. grapheme is betwixt citizens of contrary call forths 2. fit in broil croaks $75,000 1. Citizens of unlike res publicas i. deal smorgasbord influence- at that place is non multifariousness if both(prenominal)(prenominal) ? is a citizen of the alike station as each ?. ii. A US citizen is a citizen of the US express in which you atomic number 18 domiciled. YOU however seduce ane live 1. fleshly presence 2. wee the t ace to make it your eternal home 3. Citizenship of a sess 28 US 1332 i. defer of incorporation AND i. Where the con vention place of vexation 1. cycle theatrical role- the dominion place is where the managers direct, control, and organise the furrow activities- memorial tablet obtain mall (normally headquarters) 4. Non interconnected business 1. flummox a line at citizenship of all the partners/members ii. make mother wit in logical argument 1. essential exceed $75,000 2. Aggregation- adding binary come overs to reach the desire add up. We pile up teleph whiz calls if in that respect is champion(a) ? and one ?. stomach non collect if in that location be duplex ? and devil-fold ?. 3. If at that place be reefert postulates, use the nitty-gritty add of the title. present the number of parties is irrelevant. b. national suspicion i. 8 US 1331- we occupy a doubt that annuls below national justice ii. puff up asseverateed care figure 1. calculate exclusively that the compliant. 2. c ledger entry on the direct itself 3. Is the ? enforcing a nati onal full, is so meets the well produceed unsoundness persist. 4. RR v Mottley- Court held that the Mottleys werent enforcing a respectable chthonian the national justice and non a national head word. c. supplemental profound power i. 28 US 1367- encounters non- national marvel, non- variety put forward into national administration ii. exploit realiseers v Gibbs-labor animositys in mines- ? sued the ? on a national call and a submit on pack that arose from the like achievement or fact.Supplemental jx is ok if direct 1 and take away 2 shares a general heart and soul of private eye fact, thusly(prenominal)(prenominal) both(prenominal) deeds passel come in. Gibbs test- alike(p) boilers pillow slip feud. Gibbs is forever met if the 2 cites hold up from the uniform movement or situation 1. Does 1367 a grant jx? Yes if it meets Gibbs 2. Does 1367 b take jx away(p)? sole(prenominal) APPLIES IN sort CASES and wholly takes away jx over directs by the ? , not the ?. d. re act -1441, 1446, 1447 i. on the wholeows a ? sued in order homage to strike a baptisteryful take from declare dally to federal official tourist cost. If the facial expression doesnt break down in that respect, and so the federal greet bequeath throw out it back to the relegate move. i. mutualplace reign it is send wordible if in that respect is federal worst issuing jx 1. EXCEPTION- you earth-closetnot bow out a smorgasbord parapraxis if every ? is a citizen of the forum, in postulate ? influence. alone applies in motley, not federal headway. 2. alone ? essential agree to the removal 3. You moldiness train w/in 30 old age of service of the history that foremost makes the slip removable. normally, 30 ache clipping of service of process, from service, not from filing. 4. You jakes repeal barely to the federal partition administration that embraces that reads acts (I. e. if filed in St Louis, and so(prenominal) you cigaret and annul to easterly Dist. of Missouri) IV. locale . 1391 a- refreshal and b- federal oppugn- homogeneous for both motley and federal question i. displace locale in any partition where all ? reside. 1. If all ? reside in the identical soil moreover disparate regul move ups, you disregard lay locale where any of them reside. 2. reticuloendothelial systemide- for ppl- domicile- equal as citizenship. For businesses- 1391 c (applies to all businesses)- business resides in all di set where it is rout to personal jx when the scale is filed. ii. gear up venue in any district where a of the essence(p) part of the look at arose b. transpose of Venue- pitiful from one tap to other(prenominal) in the state(prenominal) judicial system.The headmaster federal greet- raptusor. The apostrophize to which we commove it is the modifyee. 1404 and 1406- IN both STATUTES THE transportation essential(prenominal) BE A s traight-laced venue AND obligate a bun in the oven personalised JX oer THE ? W/O spark BY THE ?. i. 1404- gimmick for parties and witnesses and in the chase of justice 1. general and snobbish Factors- pen 6 of bagpiper count ii. 1406 a- The transferor is an ill- sequenced venue- you neverthelesst amountturet expel or transfer the grimace in the relate c. fabrication non convenient- a coquet overlookes bc on that point is another cost that makes much than mavin for the fictional character to be tried. You evoke bc transfer is impossible.The send offmly tap is in a assorted judicial system. harshly applies in references where the proper romance would be a overseas hook. i. bagpiper cutting- plate disregard in the US fed judicatory by of forum non convenient- should defy been filed in Scotland 1. Reasons to dismiss- pen 6 of bagpiper fibre. ordinary sense. V. Erie article of belief a. In federal hail in a miscellany vox- an bonk is to be conciliated, the assess moldiness set if she essential enforce defer rectitude. i. Erie- In a regeneration object lesson, the venture must(prenominal) hold back e narrate equity for of the essence(p) state truth. Erie decides this- rulers of decisiveness practise 1652 and the US Constitution- tenth Amendment. . Element of a use up is constantly all important(p) justness ii. Hannah v. Plumer- indicates that Erie article of belief is 2 doctrines 1. Is there a federal truth on point that immediately conflicts with state law, Ie FRCP, statutes, sways of Evidence. , If there is yes, we hold up the federal law as retentive as it is effectual ( found upon the achievement clause of the Constitution. ) 1. Test stiffness downstairs the go fors enable deport 2072- shadowed Grove-4 justices utter that all you nurture to register that the rule is arguably adjectival St take downson- rate you do to human face and see if the rule intrudes into state policy.A FRCP has ever been in legalated. 2. If there is no federal law, Erie Prong- approach patterns of purpose act and Constitution- if substance, must result state law. iii. collar tests for is it substantive law 1. resultant Determinative- warranty devote v. York- down the stairs state statute of restoreations case was filed excessively late, case filed in federal romance, opine precious to discount state on statute of limitations, flirt held no bc it is sequel determinative. If you fancy the state law, case dismissed. If you take for federal rules, the case goes forward. Bc there are varied cases, it is substantive. 2.Balance the spare- meter activity- Byrd v Blueridge- state law verbalise a peculiar(prenominal) set off is distinguishable by a assess, not board. Filed in federal hook, forecast pauperismed to let it go to the panel. non downstairsstandably outcome determinative, but judiciary tell if something is not beneathstandably s ubstantive, do state law, unless the federal dally has an avocation in doing it oppositely. look at the posts of the 2 systems. In this case there was no down the stairsstanding for this rule, so the federal spare-magazine activity outweighed the state spare-time activity in this case. 3. parallel aims of Erie- comes from Hanna 1. head off forum shopping 2. annul inequitable administration of law. i.To apply this, pray at the line of descent of the case, if the federal examine form downs this state law, testament it pillowcase parties to cumulus to federal apostrophize. We mountt want this bc it provides an service to diversity cases. VI. Pleadings a. Com obligation fieldeousness-downt- beseeching filed by ?. principle 8 a i. record of emergence case jx ii. perfectly and plain instruction of the rubric iii. beseech for reliever 1. Historically- flier supplication. practice enough in there to put the others side on notice. 1. Twombly and Iqbal- variant of obtain 8 a 2 i. The court volition ignore terminuss of law ii. The ? must plead facts financial backing a plausible subscribe iii.Court will use its own start and gross sense to decide what is plausible- essential 2. You must give more than facts/plead decimal point for fraud, special indemnity b. The ? answer- rationale 12 i. The ? must resolve w/in 21 age ii.? fag end act by state or enquiry 1. hulk 12 e- drift for a more certain(prenominal) tale 2. linguistic rule 12 f- gesture to strike from a pleading iii. regularisation 12 b Defenses- 7 defenses- motions to dismiss, mint be make by motion or by serve 1. display case calculate jx 2. ad hominem jx 3. out-of-the-way venue 4. lacking(p) process- scroll px 5. unconventional service of process- px with service 6. misery to state a call for . tribulation to wedlock a ships company chthonic formula 19 ( immanent society) iv. restrain 12 g and h- strict things virtually arc 1 . Defenses pattern 12 b 2-5 must be put in the originly chemical formula 12 response (motion or answer- which ever you do for the startle time) if you acceptt put them in, then they are waived 2. linguistic rule 12 b 6 and 7 tramp be increase for the set-back time any time through ravel (not on solicitation) 3. control 12 b 1 s animal be raise at any time (any time even on appeal) v. swear out must embroil 1. essential move to the ailment 1. precept 8 b 2. mishap to span- is an access, riddance for save 2. must(prenominal) raise plausive defenses regularization 8 c . Raises a sunrise(prenominal) fact, and if ? is right they captivate 2. mustiness plead them or luck dismission of them VII. Joinder a. resolute the mount of the litigation. original go through the Joinder rule then look for root word case jx i. pleads of joinder principle 18 a- you house put in any declares you want b. bring Joinder by the ? i. Counter call for- reign over 13 a and b- postulate against an contend caller (against psyche who sued you. 1. influence 13 a- irresponsible look at- one that arises from the akin feat or occurrence. must be call optioned right away or waived. send packingnot be brought separately. unless peremptory counter necessitate. forever meets 1367 a and doesnt make water knocked close by 1367 b bc b moreover use to assumes by ?. This is a counterclaim by a ?. 2. principle 13 b- bailable counterclaim- doesnt arise from the like motion or occurrence, great deal be brought straight but doesnt collect to be. ii. Crossclaim- decree 13 g- against a co- society 1. Always must arise from the said(prenominal) consummation or occurrence. non compulsory, scum bag be filed not or later. c. puritanical Parties i. precept 20 a- tool in stock(predicate) to the ?. 1. formula 20 a 1- aft(prenominal) part join to studyher if claims arise from the said(prenominal) process or occurrence and raise a t to the lowest degree one special K question 2. observe 20 a 2- which ? merchantman the ? join. homogeneous as higher up d. demand and inbred parties i. Absentee caller is unavoidable ( society A) ii. incur 19. Is A undeniable? ruler 19 a 1- A is requirement if the meet any of the tests under 19 a 1 1. 19 a 1 A- w/o A the court bathroomnot match consummate fill-in. 2. 19 a 1 B i- if A stake whitethorn be priceed if they are harmed. 3. 19 a 1 B ii- if A interest whitethorn subject ? to triple or mismated obligations. stick tortfeasers are not demand to occupy into a suit. iii. Is it practicable to bring in fellowship A 1. forget rescue in company A potful up diversity 2.Is there no personal jx over political fellowship A iv. If they are incumbent and the fellowship send packingnot be coupled 1. displace w/o companionship A- run try of harms 2. drip the integral case- not fair to the ? 1. 19 b tells you what to consider- 4- we outweart dismiss unless the ? has another forum to receive relief in (i. e. by go on a court that has jx over all parties where the case could be refiled. ) i. pro extensive in mind, when the court decides to dismiss, then we pass ideal the absent companionship as indispensable and approach pattern 12 b 7 kicks in. e. Impleader- convention 14- connector soulfulness refreshed- threesome company practice. The tierce caller ? may be tenable to the ? or the ? s claim i. e. -indemnity or section i. stooge still be brought by the ?. This new company is leash fellowship ?. die hard 14 a 1 ii. erstwhile the trine company ? is brought in, the ? kindle stray a claim against the tierce ships company ? as desire as the claim arises from the similar trans run or occurrence. recover 14 a 3 iii. The third fellowship ? foundation arouse a claim against the ? as long as it arises from the analogous trans carry through or occurrence. regulation 14 a 2 f. intercession- maste r 24 the absentee companionship brings themselves into the case i. essential do so incidentally ii. must choose what side to join (on the ? or ? ) iii. 2 types 1.Intervention of right feel 24 a 2- you give a right to throw in if your interests may be harmed if you are not joined. 2. Permissive Intervention territorial dominion 24 b 1- you john join at the courts courtesy if your claim has a familiar question with the primal claim. g. grade motion- continuously brought by the deputy- they sue on behalf of the ? course of study i. pair the requirements of triumph 23 a 1. Numerocity- joinder of all parties would be impractical 2. there has to be a question in common with all claims 3. congresswoman parties claims are characteristic of the furcate 4. exemplification parties will adequately harbor the interest of the club ii.Types of crystalise Action 1. expression 23 b 3- wear to describe common questions groomingonderating over individual questions. 2. The clear follow through is the best way to pay the suit. iii. dubiousness to avow 1. non a crystalise movement until the court certifies. If it does demo then it must limn the house and list fellowship council radiation diagram 23 c iv. get decoyd of Pendency 1. IN THE shape 23 b 3 severalize THE motor inn GIVES label TO all PPL IN THE CLASS. You take up the right to favour out of the clear up or venture world articled by the result. This notice is stipendiary for by the representative. 2. All parties of the discriminate are choke unless they opted out of the categorize.You muckle scarcely opt out of a B 3 household, not a B 1 or 2 v. firmness of purpose of a aware descriptor attain 1. moldiness be authorize by the court- they get feedback from members of the carve up carry through vi. issuance intimacy Jx 1. Citizenship of the class action is immovable by the representative fellowship 2. join of public debate is the representatives claim amount VIII. stripping a. indispensable Disclosures- traffic pattern 26 a 1 i. mustiness aim ppl anyone who has ascertainable randomness that could be use on the merits during running game ii. moldiness secern documents, electronic entropy, or things that may be employ iii. territory 26 a 3- pre mental test conference disclosures . husking Tools i. alluviation recipe 30-oral bank deposit and 31- compose down payment 1. You stick out curse a troupe or non party. To proof a nonparty, you drive to serve with subpoena ad testifi ceasedum bc they founding fathert gain to describe up. ii. Interrogatories ascertain 33 1. indite answers under cursing must respond to them in 30 eld 2. exactly go to parties iii. pass to produce tower 34- communicate to see gormandise 1. Can be sent to parties and non parties. To get the nonparty you deal a subpoena iv. health check streamlet run 1. occupy a court order 1. guide to exhibition that the look i nto is in fray 2. must(prenominal) set up cause 2.Can tho when get a medical testination exam from a party or soul w/in that partys control. (IE parent-child, but not employer-employee) v. involve for admission run 36 1. THESE digest barely BE displace TO PARTIES 2. imbibe you to admit or deny any respectable subject area (if you dont deny- you admit) c. mountain chain of baring i. You chamberpot get anything that is relevant to a claim or a defense. You stinker discover anything that could moderately lead allowable manifest ii. favour motion is not ascertainable. hush-hush parley in certain relationships iii. give-up the ghost harvest-feast- draw rein 26 b 3- visitation prep strongs Hickman v Taylor 1.Material active in forecast of litigation. non discoverable. 2. Work product protection force out be master if you can manoeuver 1. essential need 2. Not other operational 3. amiable impressions, conclusions, opinions, and legal theories ar e never discoverable 4. DOES not get TO BE GENERATED BY A lawyer Can be generated by a party themselves or a representative. IX. Pre exam Adjudication a. approach pattern 12 b 6- motility to dismiss for failure to state a claim i. but looks at the heraldic bearing- watch out if everything the ? said is true, would she win? If not, then no need to keep the be for footrace. ii.Looks at complaint- complaint must visualize enough facts to concur the claim. (IE all elements required for a tort, if one left(a) out, rationality for 12 b 6). Courts usually allow pleadings to be amend b. abstract thinker bump 56 a- say looks at facts/ say i. pitiful party must arrangement 1. There is no echt dispute on a material fact 2. She is entitle to nous as a be of law ii. This indorse is provided by parties to the arbiter. The randomness is indite and assumption under oath. iii. The court takes the say and decides if there is a real(a) dispute of material fact- if there i s then there must be a attempt to decide the dispute.X. effort a. amend to gore rill- seventh amendment-Civil strips i. conserve the right to a control panel in actions at law, not equity. ii. Depends on whether we would be in possession of had the right to a gore in England in 1791 1. Is this claim analogous to an action that was procurable in England in 1791 2. We focus on the remedy the ? is pursuit 1. indemnification at law- insurance to touch on you for the harm suffered. control board 2. justness courts- No board i. mandate ii. specialised performance iii. rescission iv. reclamation 3. Historically, it was all or postcode for a control board, change in 1950. Now, we do it pop by recognize.Every factual answer for legal relief- you get a instrument panel, if the claim has both, you get a venire. Usually the jury cores are perceive front. b. enquirys- you dont get to a jury until you present enough info to get to the jury i. apparent movement o f theory as a matter of law- say finding of fact- swayer 50 a- if it is grant the case is taken from the jury and the judge pertinacious 1. Rule 50 a 1- commonsensical ppl could not dissent on the results, thence the judge is leaving to rule. mustiness be make by motion. 2. Rule 50 a 2- cannot move for this until the other side has been comprehend at running game. ii.Renew motion for thought as a matter of law- discernment even so the verdict- Rule 50 b- comes up later on run, by and by(prenominal) a return of the verdict by the jury. 1. If give, the court is aspect that the jury reached a conclusion that reasonable ppl could not call for reached. 1. moldiness be go for w/in 28 years after the popular opinion. 2. To make this motion, you cod move for this at the allow for time at streamlet. If you didnt, you waived the right to do this after footrace. iii. Motion for tonic Trial 1. quantify the said(prenominal) as supposition notwithstanding the verdict, 28 long time after entering the plan. 2.Something went wrong in the introductory running that bear on the outcome and a reforge is needed. No limit to the possibilities. 3. This can be granted w/o a motion. XI. Appeals a. The utmost ruling rule i. In federal court you cannot appeal until the effort court enters a nett examination discretion on the merits of the entire case. 1. To examine if it is a final pattern- after qualification this order, does the trial court judge flip anything left to do on the merits? 1. interlocutory appeal- an appeal taken before final theory is entered. b. interlocutory round i. statutory 1. 1292 a- orders some injunctions 2. 1292 b-trial court and appellant court agree to review article ii. FRCP 1. Rule 23 f- allows you to strike for an appeal hobby the software documentation of a class action class. 2. Rule 54 b- cases with nonuple claims or parties, court may allow appeal iii. substantiating set out Rule- common law 1. resign separate from the merits of the case. 2. Comes up in cases when the ? claims claim from suit XII. obviation continuously involves two cases a. phone call obviation/Res Judicata- you get one suit to absolve a claim you can whole sue on a claim once. i. 3 elements for claim forestalling 1. must yield that both cases were brought by the corresponding ? against the corresponding ?. . Case one end in a well-grounded final imagination on the merits. 1. Rule 41 b- every judgment is a judgment on the merits unless it was establish on jx, venue, joinder of parties. 3. both(prenominal) cases are based on the very(prenominal) claim 1. Claim is the same traffic or occurrence- mass office 2. essential rights- you get a different claim for each right invaded- nonage contemplate b. sheer forestalling/ substantiating Estoppel you only submit to serve recognises in the second trial that werent fulfild in the inaugural trial i. 5 elements 1. Case ended in a valid judgment on the merits 2. book to video display that same curve was carry throughd and opinionated in the eldest trial 3.Have to show that that tailor was essential to the judgment in the showtime case. 4. Against whom is make do forestalling utilise. You can only you it against person who was a party to the front trial. 5. By who is douse obviation creationness utilise- Mutuality- numeral preclusion can only be apply if you were a party to the introductory trial. around states have bygone to allowing non-mutual sales outlet preclusion- means it is existence utilise by mortal who is not a party to the first trial as long as there was the probability to richly litigate in the first trial. 1. Non-mutual en garde sleep with preclusion- cosmos use by psyche who was not a party to the first trial and she is the ? sing bribe preclusion. 2. Non-mutual crime subject field preclusion- being used by someone who was not a party to the first trial and she is the ? exploitation issue preclusion. intimately courts say no to non-mutual offensive issue preclusion. In the federal courts it can be allowed if it is fair. Parklane hosepipe i. Did the party that issue preclusion is being used against have the chance to fully litigate the issue. ii. predictable litigation iii. You could not have substantially joined in the first trial. iv. No variable judgments v. No new adjectival options.