Are the frcp statutes - Study guides, Class notes & Summaries

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...

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 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...

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 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 ...

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) ...

witness A person who is asked to testify under oath at a trial judgment The court's final decision regarding the rights and claims of the parties to a lawsuit Federal Rules of Civil Procedure (FRCP) The rules controlling all procedural matters in civil trials brought before the federal district courts complaint The pleading made by a plaintiff or a charge made by the state alleging wrongdoing on the part of the defendant pleadings Statements by the plaintiff and...