Rules
This rule sets out the requirements of a pleading that states a claim for relief.
What is Rule 8(a)?
State statute which extends personal jurisdiciton to state and federal courts in that state to constitutional limit.
What is a "long-arm" statute?
These documents, filed by litigants, set forth claims and defenses.
What is a pleading?
This doctrine concerns the destruction, alteration, failure to preserve evidence/property/things other parties might use in pending or reasonably foreseeable litigation.
What is the spoliation doctrine?
A procedural device (Rule) used to dismiss a suit for improper venue.
What is a 12(b)(3) motion?
This rule is meant to prevent frivolous motions, keeps parties from misbehaving in federal litigation.
What is Rule 11?
Jurisdictional bases not on the person, but on or related to the person's property.
What is in rem and quasi in rem jurisdiciton?
This notice consists of the court summons and a copy of the plaintiff's pleading.
What is service of process?
This discovery device allows you to ask 25 questions to the other party (without court permission).
What are interrogatories?
The federal statute which sets forth the rules for determining an appropriate venue.
What is U.S.C. 1391?
This rule involves the state long-arm statute.
What is Rule 4(k)?
A lawsuit arising out of the interpretation of a Federal statute, which can be used to assert Federal Subject Matter jurisdiction.
What is Federal Question Jurisdiction?
Under the Federal Rules, these are the three components of a claim for relief.
What are a short and plain statement of the grounds for the court's jurisdiction, a short and plain statement of the claim showing that the pleader is entitled to relief, and a demand for the relief sought?
This is the maximum number of depositions each party can take without stipulation or court order.
What is 10?
The process of moving a lawsuit from state to federal court.
What is removal?
This rule allows the clerk to enter a final judgment against a defendant who was properly served, but who failed to timely answer or defend the lawsuit, provided a sum can be made certain by computation.
What is Rule 55(b)(1)?
The amount in controversy requirement for Diversity jurisdiction?
What is at least $75,000?
These are the types of pleadings
(1) Claims for Relief
(2) Responsive Pleadings
Name the three types of discovery. (Bonus if you describe them)
What is:
(1) Automatic Disclosure
(2) Formal Discovery
(3) Informal Discovery
Venue will be appropriate for this type of person or entity, in ANY judicial district within the United States.
What is a noncitizen?
The Rule used to dismiss a case for lack of subject matter jurisdiction.
What is a 12(b)(1) motion?
While state courts possess general jurisdiction over a variety of claims, in contrast, the Federal courts maintain this type of jurisdiction.
What is limited jurisdiction?
Under FRCP 11, by presenting to the court anything signed and submitted, or later advocated from, an attorney certifies this to the best of the attorney's knowledge.
What is this information is not being submitted for (1) any improper purpose, (2) contentions of law are warranted, or a non-frivolous argument can be made to change the law, (3) factual contentions have evidentiary support or will once you do some investigation, and (4) denials are supported or warranted by the evidence?
This case involved a car accident and discussed mental and physical examinations during discovery. (Bonus points if you describe the case)
What is Schlagenhauf v. Holder?
The federal statute authorizing a change of venue to anywhere the suit may have been brought originally, in order to best serve the interest of justice, and the convenience of witnesses and parties
What is U.S.C. 1404?