Show:
Courts
Parties & Jurisdiction
Parties & Jurisdiction_2
Pleadings
Pleadings_2
100
What are the names of all the Missouri appellate courts?
Court of Appeals for the Western District of Missouri; Court of Appeals for the Eastern District of Missouri; Court of Appeals for the Southern District of Missouri
100
Name 4 different types of parties
Individuals Partnerships Unincorporated Associations Sole Proprietorships Corporations Public Bodies
100
True or False? If a court has subject matter jurisdiction over a case, it does not also need personal jurisdiction over the defendant.
False.
100
Do Missouri courts require notice pleading or fact pleading?
Fact pleading
100
What are the 3 types of Rule 12(b) motions?
Motion to Strike Motion for More Definite Statement Motion to Dismiss
200
How many federal judicial circuits are there?
13
200
True or False? An assignee of a claim may file a lawsuit.
True
200
What are the two types of federal court subject matter jurisdiction? (Not talking about ancillary, pendent or removal jurisdiction here).
Federal question jurisdiction and diversity jurisdiction
200
What are the two requirements for pleading in Missouri state court?
(1) Short and plain statement of facts showing pleader entitled to relief AND (2) Demand for relief
200
Within how many days of service of complaint and summons must an answer be served by Defendant under the federal rules?
20 days
300
What are the different decisions an appellate court can make?
Affirm; Affirn with modification; Reverse; Remand
300
If a case is filed in federal court under diversity jurisdiction, what law will the court apply?
The law of the state in which the court is sitting.
300
How is a corporation's citizenship determined for purposes of diversity jurisdiction?
State of incorporation and state of principal place of business
300
Fill in the blank. F.R.C.P. 11 requires an attorney to make a ______________________ into facts.
Reasonable inquiry
300
Under the federal rules, within how many days must service of complaint and summons be carried out after filing of complaint?
120 days
400
What are the names of the federal court districts in Missouri?
1) United States District Court for the Eastern District of Missouri 2) United States District Court for the Western District of Missouri
400
When a party cannot be joind and the court must consider whether to continue or dismiss the case, which of these is these factors should NOT be considered by the court? 1) Whether nonjoined and existing parties will be prejudiced 2) Whether order/judgment can minimize potential prejudice 3) Whether plaintiff will have adequate remedy if action is dismissed 4) How much money the Plaintiff stands to win at trial
How much money the Plaintiff stands to win at trial
400
What is the type of federal court jurisdiction that allows other claims to be joined if they arise from the same set of facts as the lawsuit having federal question jurisdiction?
Pendent jurisdiction
400
Within how many days of serving an original answer to plaintiff's complaint can a defendant serve a third-party complaint without leave of court?
10 days
400
What is the name for the method for bringing into action new parties who may be liable to defendant for some or all of judgment plaintiff may obtain?
Impleader
500
In what federal circuit is Missouri located?
8th circuit
500
What name is given to the power of a court to bring a party before it?
Personal Jurisdiction
500
What are the three types of personal jurisdiction?
1) In personam, 2) In rem, 3) Quasi in rem
500
What are the requirements for a counterclaim to be compulsory?
1) Must already exist when defendant required to answer complaint 2) Must arise out of same transaction or occurrence on which complaint based 3) Court must be able to obtain jurisdiction over any necessary additional parties 4) Counterclaim must not be subject of pending action
500
What are the 4 prerequisites for filing a class action?
1) Class must be so numerous that joinder of all members is impracticable 2) Must be questions of law or fact common to the class 3) Claims or defenses of representative parties must be typical of the claims or defenses of the class 4) Representative parties must “fairly and adequately” protect interests of the class.