CivPro question

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CivPro question

Post by sikemenow » Sun Dec 09, 2012 5:14 pm

1L here. Our first semester of Civil Procedure centered around pleadings, amendments, discovery, summary judgment, etc. I finished outlining a while back and have used up my supply of practice tests (there's not much out there for this area of CivPro btw; most everything is around jurisdiction, joiner, venue, etc). Our professor generally likes to give short fact patterns and ask specific questions concerning rules.

I'm basically trying to look for default generic arguments, checklists, or ideas on interrelating the rules with each other...anything to make this stuff more automatic. Any ideas on this or how to approach this type of final??


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Re: CivPro question

Post by nyg22 » Sun Dec 09, 2012 5:59 pm

Just some ideas: I think with defaults, you could potentially get questions on

1. Whether clerk is qualified to enter a default judgment given the fact pattern, or if not, why a judge must
2. Interplay between default and personal jurisdiction (D defaults on the merits in foreign forum, and can only contest personal jurisdiction in home forum when P tries to enforce default)
3. What is good cause to set aside default? (ineffective service of process, misunderstanding with plaintiff’s counsel about extension, emergency, attorney’s negligence, not the party)


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Re: CivPro question

Post by sknight323 » Sun Dec 09, 2012 6:21 pm


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