Civil Procedure Bar

Fill in the blank:

Congress has given federal courts (a)   jurisdiction over appeals from all final decisions of the federal distinct trial courts

Complete the rule

Motion To Dismiss: Failure to join indispensable party:

When action is dismissed, the decision is not deemed to be on the (a)   . Therefore, NO res judicata, and party CAN refile action

This motion can be raised any time be before trial ends or else waived.

Failure to comply : A party's failure to prosecute their action or to comply w/fed rules/court order, is grounds to move to dismiss --> a dismissal for failure to prosecute = dismissal w/prejudice (Unless stated otherwise) grounds for appeal b/c final decision (One that disposes all issues as to all parties)

• True

• False

Select the missing element :

Collateral Order: Appellate review is authorized for an interlocutory order rendered by trial judge that:

-Conclusively determined disputed Q

-Resolves important issue completely Separate from merits of action

• Anchor claim dismissed

• Effectively unreviewable on appeal from a final judgement

• interlocutory order/ appeal even though underlying detail has not gone to final judgement

• Have no review

Select all that apply:

Fed common law creation: Federal courts may make fed common law when....

• Fed/con interests are at stake

• Congress has inadequately addressed the situation

• the application of state laws in various jurisdiction create uncertantity

• 90 days of filing complaint if not timely -> dismissed w/o prejudice unless p show good case

Select the definition:

A D can remove a case from state to fed court if case could have originally been filed there.

--> must remove 30 days from when grounds for removal become apparent

--> can remove if case could have been og filled and if all D's agree

• Judgement as a matter of law (JMOL)

• Intervention

• Removal

• Interlocutory orders

True or false:

MTD - Lack of PJ

-If D appears in court w/o making a MTD for lack of PJ/ does not include lack of PJ in responsive pleadure (Defense waived)

• False

• True

Select all that apply:

A claimant who wants to drop a case has three options:

• If the person dies

• By agreement of all parties

• By unilateral decision

• By permission of court

(a)   : Fed court has this jxd in actions that attachment of real and personal property is part of relief if property is situated in the state D owns property, property is being attached/ seized, D provided proper notice.

Court may not exercise jxd unless there is minimum contact inform state.

Select all that apply:

Federal Q. jxd: A court can assert jxd over a state claim that raises a fed issue if fed Q...

-Necessarily raised

-Substantial

-Actually disputed

• Capable of resolution in fed court w/o disrupting federal state balance approved by congress

• Granting/denying class action certification

  --> filed 19 days after order entered