CIVIL PROCEDURE 1 FULL COURSE QUESTIONS AND ANSWERS
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CIVIL PROCEDURE 1 FULL COURSE
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CIVIL PROCEDURE 1 FULL COURSE
CIVIL PROCEDURE 1 FULL COURSE
3 types of documents that can be filed in a court - Answer- -pleadings
-motions
-other paper (discovery)
Are the FRCP statutes? - Answer- No, they are a series of rules.
Do the FRCP apply in state court. - Answer- No, the FRCP only apply to federal courts. ...
CIVIL PROCEDURE 1 FULL COURSE
3 types of documents that can be filed in a court - Answer- -pleadings
-motions
-other paper (discovery)
Are the FRCP statutes? - Answer- No, they are a series of rules.
Do the FRCP apply in state court. - Answer- No, the FRCP only apply to federal
courts. Every state has their own rules of civil procedure.
Do the FRCP ever change? - Answer- Yes. Amendments go through a long careful
process.
When do new rules of FRCP go into effect? - Answer- December 1st
Rule 1 of the Federal Rules of Civil Procedure - Answer- These rules govern the
procedure in all civil actions and proceedings in the United States district courts,
except as stated in Rule 81. They should be construed, administered, and employed
by the court and the parties to secure the just, speedy, and inexpensive
determination of every action and proceeding.
Why put rule 1 in the FRCP? To tell lawyers and judges? - Answer- When they
should use the FRCP (instead of a different set of procedural rules) and what goals
they should have in mind as they read and apply the FRCP
What does Rule 1 provide? - Answer- the scope of the FRCP and the purpose of the
FRCP
What kind of process were the rule framers trying to create based on the text of rule
1? - Answer- just, speedy, and inexpensive
Who does rule 1 apply to? - Answer- both parties (and their lawyers) and the court
When does Rule 1 apply?` - Answer- Any time the scope or the meaning of a FRCP
is unclear
rule 2 of the federal rules of civil procedure - Answer- There is one form of action-the
civil action
What is the purpose of rule 2? - Answer- Historically, at common law there were
mu;tiple forms of action and these are replaced under the FRCP by one form of
action AND the goal of the FRCP is to move away from complex, technical, and
confusing procedural rules to simpler rules.
What describes the purpose of Rule 1? - Answer- It tells lawyers and judges when
the FRCP apply and the goals of the FRCP
,What kind of cases do the FRCP apply to? - Answer- civil cases
When a judge is unclear how to construe a matter because of an unclear FRCP, how
should they base their decision? - Answer- They should base their decision based on
the merits in a speedy and cost-efficient manner.
Rule 3 of the FRCP - Answer- A civil action is commenced by filing a complaint with
the court.
What is the purpose of rule 3? - Answer- commence an action
What does rule 3 provide? - Answer- An action is commenced by filing a complaint
with the court.
who does rule 3 normally apply to? - Answer- the plaintiffs
When does rule 3 apply? - Answer- at the outset of the lawsuit
what must you file to commence a lawsuit? - Answer- a complaint
what is the first stage of a lawsuit? - Answer- the pleading stage
what happens during the pleading stage? - Answer- parties plead their cases which
means that they set out their claim and defenses.
keywords to look for in rules - Answer- -or & and
-may & must
motions - Answer- "a request for a court order must be made by motion," the formal
name for any request by a party that the court act in a particular way (by issuing an
order).
What is the purpose of rule 7? - Answer- It gives a list of pleadings that are allowed
to be filed in federal court.
Rule 7 pleadings with complaints - Answer- -a complaint
-a third party complaint
rule 7 pleadings with some type of answer - Answer- -an answer to a complaint
-an answer to a counterclaim
-designated as a counterclaim; an answer to a crossclaim
-an answer to a third party complaint
rule 7 pleadings with some type of reply - Answer- -if the court orders one, a reply to
an answer
There is only one type of pleading that is a reply - Answer- true
Can a lawyer file a pleading called a response to a complaint? - Answer- No
, Can a lawyer fill all of the pleadings listed in rule 7(a) without getting the court's
permission? - Answer- No
Is Rule 7(a) an exhaustive list of pleadings? - Answer- Yes
Is a motion a type of pleading? - Answer- No
What is a motion? - Answer- A request for the court to issue an order
Can a motion made during a hearing or trial be made orally? - Answer- Yes
What is a counterclaim? - Answer- a claim back against an opposing party
What are responsive pleadings? - Answer- Pleadings that respond to/defend against
a claim
What are pleadings that state a claim for relief? - Answer- pleadings that include a
claim
rule 10 - Answer- forms of pleadings
rule 1 - Answer- Scope and Purpose
Rule 2 - Answer- one form of action
rule 3 - Answer- commencing an action
rule 7 - Answer- Pleadings Allowed; Form of Motions and Other Papers
Rule 10 - Answer- Form of Pleadings
Rule 10(a) - Answer- Every pleading must have a caption with the court's name, a
title, a file number, and a rule 7(a) designation
All pleadings must contain a title - Answer- true
A pleadings title must name the parties to the lawsuit - Answer- ttur
Where does a file number come from? - Answer- the court assigns a file number to a
case when it is first filed
a case's file number changes in later filed - Answer- false
two cases can have the same filed number - Answer- false
What is a rule 7(a) pleading? - Answer- (1) a complaint;
(2) an answer to a complaint;
(3) an answer to a counterclaim designated as a counterclaim;
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