Catleesi wrote:Does anybody have any tips for distilling civ pro?
I'm approaching civ pro as from the various stages of a case: Injury, filing a claim, moving the claim, filing dismissals, how to win at trial, post-trial Injury:
Where did it happen? (Preps you for diversity & personal juris)Making and Filing a claim:
A federal law violation or a state law action? (federal question v diversity)
If federal law, look at federal question.
If state law, start looking at diversity and personal jurisdiction:
Are the parties diverse? If there's a corporate plaintiff, where is that corp plaintiff located?
How much is in controversy? How does the money add up to $75,000?
Have both the plaintiff and the defendant purposely availed themselves to the forum state?
Have the claims been properly joined (permissive v compulsory)? If they have not, how does this affect post-trial stuff?Moving the claim (Removal and transfer)
If the claim started out in state court, can the claim go federal?
If the claim started out in federal court, will it still move? Dismissing the claim
Anything under Rule 12?
When can you dismiss for things like lack of personal jurisdiction?
For subject matter jurisdiction?
For improper venue?
Who can dismiss as a matter of right?
What happens to supplemental jurisdiction if the federal claims are dismissed?
How does a dismissal affect post-trial things like preclusion?Winning at trial
Who can get summary judgment?
Who can get judgment as a matter of law?Post trial
How do you get claim and issue preclusion?
How do you get preclusion from a Rule 12 or similar dismissal?
How do you get preclusion from improperly joined claim?
How do you file an appeal?