Wednesday, June 20, 2007

OMG... it's civil pro

Civil Pro is a super gross subject. It's nasty. Let me start from the essay workshop outline.

( SEE LECTURE FOR CA Civil Pro for CA RULES) ---> I hate this! And I really want some hot hot french fries now...


Q1 Does the Court have the authority over the parties?

  • Personal Jurisdiction?
Traditional: Domicile/ Presence/ Consent
Non-Residents: Long Arm/Min contacts/Fair play
  • Subject Matter Jurisdiction?
State Court
Federal Court
Removal
Supplemental Jurisdiction
  • Venue
Q 2What law governs this dispute?
  • Erie Doctrine

Q3 Are the pleadings proper?
  • Complaint
  • Response
  • Counterclaim
Compulsory
Permissive
Supplemental Jurisdiction for compulsory
  • Rule 11

Q4 Are the proper parties and claims before the court?
  • Joinder of Paties
Compulsory Joinder
Permissive Joinder

  • Joinder of Claims
Class Action
Intervention
Impleader
Interpleader

Q5 Have the parties properly propounded and Replied to Discover?

Q6 Can the Dispute be resolved without a trial?
  • 12(b)(6)
  • Di missal
  • Summary Judgment

Q7 If there is a trial, who will decide the Matter?

  • 7th Amendment: Jury Trial ( Legal/Equitable)
Q8 Can the decision be appealed?
  • final judgment rule

Q9 Is the decision binding the future case?

  • Res Judicata ( Claim Preclusion)
  • Collateral Estoppel ( Issue Preclusion)

2 comments:

calbar blondie said...

Agree with you that this is the worst bar exam subject on the planet. You can bet it will be on there, too. They have not tested it since Feb. 06.

Annie said...

I tried to read the mini review. I can only reach pg7. Then I told myself " I can't do it anymore. I am suffering." I hope the lecture can help me organize everything.