Smj - Study guides, Class notes & Summaries

Motorcycle company (Del/Main) sold a motorcycle to Jackson (Maine). Shortly after the sale, he takes it back to get serviced and tells the company he is going Albany for 6-months for a job. He rents out his house and gets an apartment in Albany. In NY he has an accident involving the motorcycle because a tire blew out and he is injured. He files suit in NY seeking 100,000. He files an answer and two months later he claims lack of SMJ and lack of PJ correct answersThe court should find that there...

Subject Matter JX - 1-18 What are the two categories SMJ can be based on - 1. A federal Question; or 2. Complete Diversity What is Subject Matter JX - SMJ is the court's power over the subject matter of the lawsuit Explain Federal Question Jurisdiction - The federal courts have jx over "all civil actions arising under federal law

GDC's exclusive original jurisdiction SMJ correct answers 1) Specific personal property 2) Damages for tort or breach of contract 3) under $4,500 GDC's concurrent original jurisdiction correct answers Amount claimed is more than $4,500 and does not exceed $25,000 GDC's jurisdiction over other actions correct answers o Contract; Tort; Detinue (Recovery Personal Property) →UNDER $25,000 o Interpleader Real/Personal Property → Under $25,000 o Attachment Personal Property → U...

FR/CA CIV PRO JULY 2024 BAR EXAM QUESTIONS WITH COMPLETE SOLUTIONS UPDATED STUDY Appeals Must be made within 30 days. Unless the party is the US Government or agent thereof, then the appeal must be filed within 60 days. However if a timely renewed motion for JMOL, for a new trial, or to set aside or amend the judgement of the day, the running of the 30 days is terminated. Upon a ruling of those post-trial motions, a new 30-day period begins to run. Interlocutory Appeal Requires 1) ...

FR/CA CIV PRO JULY 2024 BAR EXAM QUESTIONS WITH COMPLETE SOLUTIONS UPDATED STUDY Appeals Must be made within 30 days. Unless the party is the US Government or agent thereof, then the appeal must be filed within 60 days. However if a timely renewed motion for JMOL, for a new trial, or to set aside or amend the judgement of the day, the running of the 30 days is terminated. Upon a ruling of those post-trial motions, a new 30-day period begins to run. Interlocutory Appeal Requires 1) ...

Rule 19(a): A person who is subject to service of process and whose joinder will not deprive the court of SMJ must be joined as a party if: - 1) in a person's absence, court cannot accord complete relief 2) if a person's absence would - impair or impede a person's ability to protect interest - leave existing party subject to a substantial risk of double obligation If a person had not been joined as a required, the court must ... - order that person to be made a party

Lex Loci validity of marriage is determined by the law of the forum in which it was celebrated Putative Spouse Doctrine a spouse who believed in good faith that he or she was validly married, and who participated in a ceremonial marriage, is allows to use a state's divorce provisions even though the marriage is found to be void b/c of an impediment Termination of Putative Spouse Status putative spouse hood terminates upon a party's loss of a good faith belief that he or she is married ...

1. Seven points to look for on jurisdiction - correct answer When you're confronted with a jurisdiction problem, consider these points, in order: 1. SMJ 2. PJ (parties or properties) 3. Notice & Opportunity to be Heard 4. Service of Process 5. Venue 6. Removal 7. Waiver (Where possible; note that SMJ can *never* be waived. Waiver of PMJ, process, and venue is addressed in FRCP 12(h)(1)). 2. What is "subject matter jurisdiction" (SMJ)? - correct answer It is the authority of a cour...

Summaries of Articles and Lectures, 2022-2023, 44 pages - Pisano, G. (2015) You Need an Innovation Strategy. Harvard Business Review, 46 (June): 44-54. - Zollo, M., Minoja, M., & Coda, V. (2018) Toward an Integrated Theory of Strategy. Strategic Management Journal, 39(6): 1753-1778. - Gong, Y., Kim, T-Y., Lee, D-R., and Zhu, J. (2013) A Multilevel Model of Team Goal Orientation, Information Exchange, and Creativity. Academy of Management Journal, 56 (3): 827–851. - Herrmann, D. and Fel...

Lively - In Lively case, the D removed a case from their homestate, and the plaintiff didn't notice that within the thirty days. 8 months later, the plaintiff said "your honor send it back down because of the homestate rule, there's no jurisdiction" Supreme court said no there is jurisdiction because of diversity The problem is that it shouldn’t have been removed because of the homestate rule. The homestate rule is a procedural rule, not a jurisdictional rule. Homestate rule is waiveabl...