Frcp 1 - Study guides, Class notes & Summaries

Federal Rules of Civil Procedure (FRCP) - correct answer -The rules controlling procedural matters in civil trials brought before the federal district courts. Stages in a typical lawsuit - correct answer -1. accident, branch of contract, or other event 2. the party hires a lawyer, who files a complaint and notifies (serves) the defendant 3. defendant's attorney files an answer or a motion to dismiss 4. pretrial discovery and more motions, pretrial conference 5. trial and perhaps posttria...

Civil Procedure Final Exam Subject-Matter Jurisdiction - ANS Decides "Federal Forum" v. "State Forum" - Diversity Citizenship - Federal Question (you have the option of federal) Diversity Jurisdiction Requirements - ANS 1. Amount in Controversy: P's Claim more then $75,000. Claim must be made in "good faith" 2. Complete Diversity: "Across the V", no plaintiff can reside int he same state as any defendant. When does Diversity Jurisdiction apply? - ANS ...

Civil Procedure Final Exam litigation - ANS the process by which parties seek to resolve their dispute by going to court Sources of legal authority - ANS A. 1) constitutions (highest form of law); 2) statutes (acts of congress, peoples reps from each state); 3) court rules (procedures in every court system); 4) case law primary, and potentially binding ; 5) treaties; 6) regulations; 7) ordinances stare decisis - ANS top down precedent, must abide by decided cases-This e...

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...

Civil Procedure Final Exam Approach to Discovery - ANS 1. Disclosure: Can the information being requested be obtained through initial disclosure Rule 26(a)? 2. Scope of Discovery: Is the information requested within the scope of discovery? Disclosure: Can the information being requested be obtained through initial disclosure Rule 26(a)? - ANS Under rule 26(a), parties are required to make initial disclosure without a formal request. This includes: 1. Identity of each witnes...

Civil Procedure I — Final Exam Subject Matter Jurisdiction - ANS The power of a court to hear a particular type of case. Federal courts are of limited jurisdiction; they do not have broad SMJ like state courts do. Concurrent Jurisdiction - ANS The state courts can hear the majority of claims that can be heard in federal courts. What do you need to have SMJ in a Federal Court? - ANS Constitutional and Statutory Authority Majority are brought under Federal Qu...

A man from State A sues a contractor from State B in a State B federal court. The single-count complaint alleged breach of contract requested damages of $225,000, injunctive relief and demanded a jury. State B law provides a right to a jury in these circumstances. The contractor's lawyers argued that the man was not entitled to a jury. How is the judge most likely to rule? B: There is a right to a jury because the Seventh Amendment guarantees a jury for suits at common law. The plaintiff here...

Vol 20 2 cerebrovascular disease 2014Continuum: Lifelong Learning in Neurology—Stroke, Volume 20, Issue 2, April 2014 Issue Overview Stroke, April 2014;20(2) Continuum: Lifelong Learning in Neurology® is designed to help practicing neurologists stay abreast of advances in the field while simultaneously developing lifelong self-directed learning skills. Learning Objectives Upon completion of the Continuum: Lifelong Learning in Neurology Stroke issue, participants will be able to: ► ...

Civil Procedure Basics - Answer- 1. Law imposes limitations on the power of the courts: Defines the balance of power between the federal government and states, scope of governments power 2. Jurisdiction: a. Jurisdiction over the subject matter (court authorized by the Constitution and statutes to decide cases dealing with subject matter) b. Jurisdiction over the person (Court must have authority to direct the defendant to appear and to bind the defendant with judgment) FRCP 12 (b)(2) ...

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