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Fun Memorization Phrases

civ pro law school 1L

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9 views6 pages

Fun Memorization Phrases

civ pro law school 1L

Uploaded by

nilookamkar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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All Federal Rules Up to This Point

Know your numbers


Rules so far:
Rule 18: Joinder of claims
Rule 20: Joinder of parties
Rule 13(h): Defensive Joinder
Rule 13(a) & (b): Counterclaims &
Rule 13(g): Crossclaims
Rule 14: Impleader
Rule 19: Required Parties if feasible
Rule 24: Intervention
Rule 22: Interpleader – Rule
§ 1335: Interpleader – Statutory
Rule 23: Class Actions
§ 1367: Supplemental Jurisdiction – 30d to refile in state if dismissed
§ 2072: Rules Enabling Act

Midterm

Rule 26(b)(1): Discovery – Scope


Rule 26(b)(2): Discovery – Objecting
Rule 26(b)(3): Discovery – Work Product & Predominate Purpose Test
Rule 26(b)(5): Discovery – Privilege Process

Rule 26(f): Meet & Confer – 21d before scheduling conference or order
Rule 26(a): Initial Disclosures – 14d after meet & confer – w/I 30d before trial
Rule 16(b): Scheduling Conference & Order – w/I 90d after served, or 60d after D appears
Rule 33: Interrogatories – must respond in 30d – object in 30d or waived
Rule 34: Requests for producing docs & things – must respond in 30d
Rule 30: Depositions – 30d for changes – done in single 7h day – 10 total
Rule 35: Physical or mental examinations
Rule 36: Requests for admission – 30d to object
Rule 45: Subpoenas
Rule 26(c): Protective orders for Discovery
Rule 26(g): Sanctions from Certification Requirement
Rule 37: Sanctions from Failure to Comply w/ Discovery
Rule 16: Pretrial Case Management
Rule 41: Dismissals – Prejudice v. Without
Rule 56: Summary Judgment – w/I 30d after discovery closes
Rule 50: Judgment as Matter of Law – 1st = before submit to jury, 2nd = w/I 28d after judgment
Rule 59: New Trial – w/I 28d after judgment
Rule 61: Harmless Error Rule
Rule 60: Relief from Judgment – w/I 28d after judgment (if appealing)
Rule 38: Right to Jury – served w/I 14d after last pleading
Rule 51: Jury Instructions – before, at, or after close of evidence
1291: Appeals – Jurisdiction
2107: Appeals – Process – file w/I 30d after LAST judgment (respond w/I 35d AFTER filed)
FRAP 4(a)(4)(A): States own Appellate Process (50,59,60 extend another 30d to file appeal)
Rule 54(b): Appealing just ONE issue that could be final judgment
1292(a) & (b): Interlocutory Appeals – court may decide w/I 10d after entry of order
1651: Writs
Fun Memorization Phrases
Hit these for every essay – the main points
Required Parties:
Ready Ice-cream Cones
Relief to existing parties (need them to complete)
Impair or Impedes (them from a claim if not joined)
Conflicting Obligations (risk to an existing party)

Dismissal Considerations for Required Parties:


Every Plan Lands At Attention
Equity and good conscious
Prejudiced (if continues)
Lessen/eliminate prejudice
Adequate judgment w/o them
Adequate remedy w/o them

Intervention
Utterly Painful Interactions Can Come
Unconditional Right by Statute
Protected Interest that would be:
Impaired or Impeded
Conditional Right by Statute
Common Question of law or fact w/ MAIN actions

Declining Permissible Supplemental Jurisdiction:


No Pierogi Do Cartwheels
Novel/complex state law issue
Predominates OG claim
Dismissed all OG claims
Compelling reasons

Discovery Proportional Boundaries – Rule 26(b)(1)


Inside Arabian Restaurants Rests Important Baguettes
Importance of Issues
Amount in Controversy
Relative access to relevant info
Resources
Importance of Discovery to resolve
Burden or expense outweighs benefit

Attorney-Client Privilege
Cats Pause Coming Past
Communication
Privileged Persons
Confidence
Purpose of legal assistance
Privileged Persons
Cats Cannot Access Agents
Client
Client’s lawyer
Agent of client or lawyer
Agent of lawyer who facilitates representation

Claiming Privilege or Protection


Each Dang Dog Accepts Pets
Expressly make claim
Describe nature
Don’t reveal
Allow assessment
Privileged – explain why

Overcome Work Protection


Order Some Underwear
Otherwise under Rule 26(b)(1)
Substantial need
Undue hardship – if by other means

Intangible Protections:
Men Can’t Operate Law
Mental impressions
Conclusions
Opinions
Legal theories

Discovery Plan – Elements


Cats Sleeping In Pools Live Outside
Changes
Subjects & Timing
Issues
Privilege/Protections
Limitations/Extensions
Other

Scheduling Order – Timing Limitation Requirements – 16(b)


Jogging Around Catches Flies
Join other parties
Amend pleadings
Complete discovery
File motions
Mandatory Disclosures – 26(a)
Name Common Cat Identities Except Puss’n’Boots
Names, addresses, telephones
Copies or Descriptions (everything in possession/control & may use for claim/defense)
Computation for Damages
Insurance Agreements
Expert Witnesses
Pretrial Disclosures

Requests for Producing Docs & Things – options – 34


Dang Tangible Entries
Designated docs/electronically stored info
Tangible things
Entry to land/property

Depositions – Needing leave from court – 30


Many Acceptable Bitches Pass
More than 10 depositions
Already deposed
Before time in Rule 26(d)
Prison – deponent in

Certification Requirement – 26(g)


Certified Cats Identified Us
Complete & correct at time made – if disclosure
Consistent w/ rules – if objection
Improper purpose – not
Unreasonable/unduly burdensome – not

Protective Orders – 26(c)


The Flowers Look PISSD
Trade secret only revealed in certain way
Forbid disclosure/discovery
Limit scope on certain topics
Prescribe different methods
Info in simultaneous sealed envelopes
Specify terms
Seal deposition w/ court order
Designate person present during deposition
Sanctions – 37
DAD PASS
Dismiss entire action or part
Accept what sanctioning party says
Default judgement against disobedient party
Prohibit sanctioned party from claims/defense/adding to evidence
As contempt of court – treat
Strike pleadings
Stay proceedings until obey
Voluntary Dismissals – 41
Redo Dis Dang Naughty Suspicion
Redraft complaint
Defeat Diversity
Different Court
New Judge
Statute of Limitations

New Trial – Bases – 59


The Verdict was Damaged
Trial Process Errors
Verdict = clearly erroneous
Damages = not supported by weight of evidence

New Trial – Trial Process Errors – 59


I AM In Error
Inconsistent verdicts
Admission/exclusion of evidence
Misconduct – from juror/witness
Improper argument to jury
Error in jury instructions

Relief from Judgment – 60


Man Needs to Fuel Jets to Jet Around
Mistake/excusable neglect
Newly discovered evidence (that COULD HAVE been at trial – existed then)
Fraud/misrepresentation/misconduct by opposing party
Judgment void – no SMJ, etc.
Judgment satisfied
Any Similar Reason

Appeal – Issues – 2107


Four P’s
Prejudice = Legal Error
OR: Plain error – affecting substantial rights (even if failed to preserve)
Preserved the Issue
Presented – put it in the brief

Privy Exceptions
PASS Another Subject
Proxy
Agreed to be bound by first judgment
Substantive legal relationship
Second assumed control of first action
Adequately represented in first
Statutory scheme bars re-litigation

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