Frcp 4 - 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 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 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...

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 ...

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...

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) ...

c. Edit checks Edit checks help ensure data integrity by allowing only reasonable and predetermined values to be entered into the computer (Rinehart-Thompson 2016a, 265). - Answer A coding analyst consistently enters the wrong code for patient gender in the electronic billing system. What data quality or data integrity measures should be in place to ensure that only allowable code numbers are entered? a. Access controls b. Audit trail c. Edit checks d. Password controls b. Delinquent r...

Civil Procedure Final Exam Responding to the complaint, the defendant may - ANS Montest Settle Do nothing May challenge a lawsuit on two basis - ANS Contest the facts Challenge the legal basis In federal court, every defense can be asserted in an - ANS answer In state court, some defenses must be - ANS asserted by motion or special pleadings Summons tells you when you have to - ANS answer Must note deadline for filing answer of - ANS ...