154952
Description
Flashcards by alicialee07, updated more than 1 year ago
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Created by alicialee07
over 11 years ago
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| Question | Answer |
| Fill in the blank: The American states basically followed the English model until the code reforms of the 19th century, beginning with the ___. | Field Code of 1848 |
| Fill in Blank: In federal practice, a plaintiff must first select a court with ___ jurisdiction and territorial authority to adjudicate. | Subject-matter. He commences a federal lawsuit by filing a complaint with the selected federal district court. Rule 3. |
| T/F: The persons whose interest are to be affected in a federal lawsuit does not have to receive adequate notice. | False. It is a must. It is usually achieved by service of process. |
| What are the steps in a pleading? | 1. Complaint 2. Motion and/or Answer 3. Motion, Reply, and/or Answer |
| What is the scope for disclosure? | Parties must disclose (1) at the outset, favorable occurrence witnesses and documents, as well as insurance coverage, (2) at a specified time, identity of any expert who may be called at trial, along with a detailed expert report, and (3) shortly before trial, trial witness lists and the like regarding non-impeachment evidence. |
| T/F: it is a requirement that litigants confer early, before discovery proceeds, to consider the case, the disclosures, and a discovery plan. | True. Rule 26 (f) |
| What is the scope of discovery? (Hint: It is very wide) | Any matter that is "relevant" and is "non-privileged". rule 26(b)(1). |
| What are the six major types of discovery devices? | 1. Oral depositions 2. written depositions 3. interrogatories 4. production of documents and such 5. physical and mental examination 6. requests for admission |
| The purpose of a pretrial conference allows... | the courts and the litigants to confer generally about the case, so moving it along to disposition and molding it for trial. |
| Fill in blank:Rule __ incorporates state law on seizure of property, which law typically provides remedies as attachment and garnishment to ensure that assets will still be there to satisfy any eventual judgment. | Rule 64. |
| Fill in blank: Rule 65 governs the stopgap ___ and the ____. | temporary restraining order; preliminary injunction. |
| Describe Rule 56. | Device by which any party may without trial obtain a summary judgment on all or part of any claim, if he is "entitled to judgment as a matter of law" and if "there is no genuine issue as to any material fact." |
| What are some steps that may avoid trial? | voluntary dismissal; involuntary dismissal; default; and settlement. |
| What are the 2 motions available to change the outcome of a case? | 1. renewed motion for judgment as matter of law 2. a motion for a new trial. |
| How many members does a federal civil jury normally have? | 6 to 12. |
| Fill in blank: Right to trial by jury is governed by the __ amendment to the federal constitution. | Seventh. It is read expansively and includes at least any issue that would have been triable of right to a common-law jury in 1791. |
| T/F: The court in its discretion with the consent of both parties, can order a trial by jury. | True. rule 39(c)(2). |
| What are the kinds of relief? | 1. Coercive Relief: Legal and Equitable 2. Declaratory Relief |
| Fill in blank: The usual tool for enforcing a legal-type judgment is a writ of ___. | execution. |
| The usual tool for enforcing an equitable-type judgment is the court's ___power. | contempt |
| What are some exceptions to the rule that only final decisions of a district court are appealable? | 1. such judge-made doctrines as the collateral order doctrine of the Cohen case 2. the ad hoc approach of the Gillespie case, and 3. the treatment of complex litigation in Rule 54(b). |
| Under 38 U.S.C.A. SS 1254, there are 2 routes from the court of appeals to the Supreme court. What are they? | 1. Certiorari 2. certification. |
| Fill in the blank: Article III extends the federal judicial power to such diversity cases, and it has been broadly read to require only "____". | Partial diversity of citizenship |
| The World-Wide Volkswagen case requires: | the categorization of the action and then the application of both the power and the unreasonableness test. |
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