Law School Discussion

My Outline Sucks. Epic Fail?

My Outline Sucks. Epic Fail?
« on: November 08, 2008, 12:13:29 PM »

Representative portion:

41(a) – Voluntary Dismissal
The plaintiff may dismiss an action without court order by filing:
i.   Notice of dismissal before opposing party serves either an ANSWER or a MOTION FOR SUMMARY JUDGEMENT.  (So if the opposing party serves a 12(b)(6) motion, then it doesn’t count.  That’s not an answer or motion for summary judgment.)  There was a 9th circuit case about two parties who invested two work months before the plaintiff dismissed it.  But he can do that!
ii.   Stipulation of dismissal signed by all parties who have appeared.  What does appeared mean in this context?

(B) Unless notice or stipulation of dismissal states otherwise, dismissal without prejudice.  UNLESS HE PULLS THAT *&^% TWICE!  In that case, “if the plaintiff previously dismissed any federal or state court action based on or including same claim, notice of dismissal operates as adjudication on merits.”  I’m guessing adjudication on merits means with prejudice.

stricly bricly

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Re: My Outline Sucks. Epic Fail?
« Reply #1 on: November 10, 2008, 11:03:54 PM »
do you really wanna go into a civ pro exam armed with an outline that has the words "I'm guessing" in it?  IS THAT REALLY YOUR GOAL?


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Re: My Outline Sucks. Epic Fail?
« Reply #2 on: November 11, 2008, 12:03:08 AM »
Looks pretty solid to me.


Re: My Outline Sucks. Epic Fail?
« Reply #3 on: November 15, 2008, 11:19:42 AM »
you should be fine, just organize it
and don't make it chatty. (you don't want to talk to yourself on the exam now do you?)

btw your guess was right :)