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20 Questions
1. Lawyer Identity / Role
2. Attorney / Client Relationship: Affirmative (acts as attorney/advocate, defensive)
3. Interviewing / Counseling: Is there enough evidence to file a claim?
4. Fact Investigation
• Facts become facts when they are brought into evidence (otherwise, they are just allegations)
5. Litigation Planning
• Theory of Proof
o Testimonial Evidence
o Documentarial Evidence
o Real Evidence
o Demonstrative Evidence
• Theory of Case
i. Procedural: who, what, when, where, why
ii. Substantive  claims or COA that will be brought into the case; is it a tort? Contract? Civil rights?
6. Remedies and Fees
• Remedy at Law
i. Compensatory Damages: Makes the party whole
ii. Punitive Damages: Punish/deter willful and/or reckless behavior
• Equitable Remedy
i. Injunctions [R.65]- a court order commanding or preventing an order
ii. Declaratory Judgments [R.57 / § 2201 / § 2202]- courts final determination of the rights and obligations of the parties.
iii. Provisional Remedy [R. 64] • Fees
i. 42 USC § 1988
ii. § 1915
iii. § 2412
7. Pleadings [R.7] • 3 Types of Pleadings:
i. Complaint (affirmative)
1. Who are the parties+ What is the claim
ii. Answer (Defensive)
iii. Reply
• 4 Types of Claims: (framework for your theory of proof)
i. Constitutional
ii. Statutory
iii. Regulatory
iv. Common Law (tort)  State
8. Forum Shopping and Judge Shopping
• Judge shopping
i. Quick rotation pick (thru IFP)
ii. Wheel system
• Forum shopping
i. Vertical  b/w Fed and State
ii. Horizontal  venue: b/w counties and districts

Federal *94 Districts, 13 Circuits

Circuit Districts Counties
(w/in FED) (w/in STATES)
State
9. Subject Matter Jurisdiction [§§ 1331, 1332]: Federal competence to hear claims; a court’s power to decide a case or issue a decree
• Supplemental Jurisdiction [§ 1367]: jurisdiction over a claim that is part of the same case or controversy as another claim over which the court has original jurisdiction; clean up jurisdiction over both ancillary and pendant claims
• Removal [§ 1441]- transfer of an action from state to federal | remove up; remand down
10. Personal Jurisdiction: A court’s power to bring a person into its adjudicative process; jurisdiction over a defendant’s personal rights, rather than merely over property interest
• Venue: The proper or probable place of the lawsuit; Usually because the place has some connection with the events that have taken place
• Service
11. Choice of law (ERIE)
• Federal or State Law
12. Alternative Dispute Resolution and Negotiation
13. Pretrial Conference [R.16] federal judges are omnipotent
14. Discovery
 Process of getting factual allegations admitted into evidence
15. Pre-Trial Motion [R.12b motion to dismiss / R.56 preliminary injunctions] 16. Trial (Theory / Theme)
17. Trial Motion [R.50a / R.52] 18. Post Trial Motion [R.60 / R.59 / R.52 / R.50b] 19. Appeal [§ 1651 – writs / § 1291 / § 1292] 20. Judgments [R.59e / R.52b / R.60] Doctrine of Former Adjudication
• Claim preclusion
• Issue preclusion
ie. collateral estoppel- An affirmative defense barring a party from re-litigating an issue determined against the party in an earlier action, even if the second action differs significantly from the first.–> precluded from re-litigating claims

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