Frcp 1 Study guides, Class notes & Summaries

ACEDS Latest Update with Complete Solutions Proportionality Burden/Expense is outweighs value, may shift costs or impose limits Attorney Certifies Discovery Request Consistent w/ FRCP, Non-Frivolous, not to harass, not unreasonably burdensome Rule 26(f) "Meet and Confer" - opportunity to exchange/agree on Discovery Creation of "Discovery Plan" Limit scope (depositions, interrogatories, etc) Rule 26(a)(1) Proposed discovery plan. address preservation issues. Rule 26 Discovery Plan Initial...

The Federal Rules of Civil Procedure - FRCP Rule 26 - Meet & Confer - Discuss all aspects FRCP (f) Conference - Open Dialogue to know process FRCP Amendments 2006 - How discovery is to be performed and guidance. Now electronic FRCP 2015 Changes - Streamline discovery and reduce sanctions Rule 26(a)(1) - Reveal ESI Disclosures & Preserving Issues of Discovery - 1. Collecing, Reviewing, location dates lower cost Discovery Plan - 1. Initial Disclosures 2. Subjects/Custodians 3.Format of prod...

GOVT 407 - EXAM 3 SG Questions And Answers 100% Solved responsive pleading - answera pleading that replies to an opponent's earlier pleading two main types of responsive pleadings - answer*answer*- rule 12(a) - response to the merits of the complaint - must address the allegations which might req some preliminary discovery *motion to dismiss*- rule 12(b) - an alternative to an answer - allows for judicial scrutiny of the complaint before answering its allegations answer - answer-a def...

GOVT 407 - EXAM 3 SG Questions And Answers 100% Solved responsive pleading - answera pleading that replies to an opponent's earlier pleading two main types of responsive pleadings - answer*answer*- rule 12(a) - response to the merits of the complaint - must address the allegations which might req some preliminary discovery *motion to dismiss*- rule 12(b) - an alternative to an answer - allows for judicial scrutiny of the complaint before answering its allegations answer - answer-a def...

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- Decem...

GOVT 407 - EXAM 3 SG Questions And Answers 100% Solved responsive pleading - answera pleading that replies to an opponent's earlier pleading two main types of responsive pleadings - answer*answer*- rule 12(a) - response to the merits of the complaint - must address the allegations which might req some preliminary discovery *motion to dismiss*- rule 12(b) - an alternative to an answer - allows for judicial scrutiny of the complaint before answering its allegations answer - answer-a def...

oportionality - Burden/Expense is outweighs value, may shift costs or impose limits Attorney Certifies Discovery Request - Consistent w/ FRCP, Non-Frivolous, not to harass, not unreasonably burdensome Rule 26(f) - "Meet and Confer" - opportunity to exchange/agree on Discovery Creation of "Discovery Plan" Limit scope (depositions, interrogatories, etc) Rule 26(a)(1) - Proposed discovery plan. address preservation issues. Rule 26 Discovery Plan - Initial disclosure (subjects requiring d...

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 II - Final Exam Pleading - ANS Document in which claimants set forth their claims and defending parties respond to the claims and raise defenses. Concerns the sufficiency of each side's allegations. Rule 8(a) - Three things must be in the complaint - ANS 1) Subject Matter Jurisdiction 2) Short and plain statement of the claim. 3) A demand for relief sought. Twombly and Icqbal, boiled down, say three things - ANS a. Plaintiff must plead fac...

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 ...