Civil Procedure Flashcards

Issue preclusion (collateral estoppel) prevents re-litigation of an issue when:

Answer: The identical issue was actually litigated, necessarily decided, and the party to be precluded had a full and fair opportunity to litigate it

Collateral estoppel requires that the issue was actually litigated, necessarily decided, and that the party to be bound had a full and fair opportunity to litigate the issue.

Under FRCP 23, a class action may be certified only if the class satisfies:

Answer: Numerosity, commonality, typicality, and adequacy of representation

Rule 23(a) requires the four prerequisites of numerosity, commonality, typicality, and adequacy of representation before a class may be certified.

In federal court, a jury trial is preserved by the Seventh Amendment for:

Answer: Suits at common law where the value in controversy exceeds $20

The Seventh Amendment preserves the right to jury trial in suits at common law where the amount exceeds $20, as understood at common law in 1791.

Under the Federal Rules, a party must supplement its discovery responses:

Answer: When the party learns the response was incomplete or incorrect and the additional information has not otherwise been made known to other parties

FRCP 26(e) requires parties to supplement disclosures and discovery responses in a timely manner when they learn the prior response was incomplete or incorrect.

Interlocutory appeals in federal civil cases are generally:

Answer: Permitted only for final judgments, with limited exceptions such as injunctions and certified questions

The final judgment rule under 28 U.S.C. § 1291 generally limits appeals to final judgments, with statutory exceptions for injunctions, § 1292(b) certified questions, and collateral orders.

In Arizona, the statute of limitations for most personal injury claims is:

Answer: 2 years from the date of injury

A.R.S. § 12-542 provides a two-year statute of limitations for personal injury and property damage claims in Arizona.