Chapter 1 Overview w/Rules

Question 1

1/3

A B C

Answer 1

1/3

A. The Idea and the Practice of Procedure
B. Where Can the Suit Be Brought?
C. Stating the Case

Question 2

2/3

D E F

Answer 2

2/3

D. Parties to the Lawsuit
E. Factual Development—Discovery
F. Pretrial Disposition—Summary Judgment

Question 3

3/3

G H I

Answer 3

3/3

G. Trial
H. Former Adjudication
I. Appeals

Question 4

A. The Idea and the Practice of Procedure

Answer 4

A. The Idea and the Practice of Procedure

Question 5

B. Where Can the Suit Be Brought?

Answer 5

B. Where Can the Suit Be Brought?

1. Personal Jurisdiction
2. Subject Matter Jurisdiction
   28 USC Sec. 1331 (Federal Question) and 1332(a) Diversity of Citizenship (Amount in Controversy: $75,000+)

Hawkins v. Masters Farms, Inc.

3. Service of Process
   R3: Commencing an Action

Question 6

C. Stating the Case

Answer 6

C. Stating the Case

1. The Lawyer’s Responsibility

Bridges v. Diesel Service, Inc.

2. The Complaint

Bell v. Novick Transfer Co.

3. The Response—Motions and Answer
   a. Pre-Answer Motions
   b. The Answer
4. Amendment of Pleadings

Question 7

D. Parties to the Lawsuit

Answer 7

D. Parties to the Lawsuit

Fisher v. Ciba Specialty Chemicals Corp.

R20. Permissive Joinder of Parties (may be joined by a defendant/plaintiff)

Question 8

E. Factual Development—Discovery

Answer 8

E. Factual Development—Discovery

Butler v. Rigsby

R26(b)(1). Duty to Disclose; General Provisions Governing Disclosure (Discovery Scope Limits)(Scope in General)

Restrictions on Discovery 1-3

1. only relevant evidence
2. if relevant, may e protected
3. if relevant and not privileged, if cumulative, duplicative, etc.

Question 9

F. Pretrial Disposition—Summary Judgment

Answer 9

F. Pretrial Disposition—Summary Judgment

Houchens v. American Home Assurance Co.

R56(a)-(c). Summary Judgement (Motion for Summ Judg or Partial Summ Judg)-(c)

• no reasonable jury would conclude plaintiff claim was valid.
• NOT for weighing evidence but rather, is there any evidence to weigh?
• is there a genuine factual dispute?

Question 10

G. Trial

Answer 10

G. Trial

Norton v. Snapper Power Equipment

(directed verdict, judgement not withstanding verdict, motion for judgement)

Question 11

H. Former Adjudication

Answer 11

H. Former Adjudication

Ison v. Thomas
-Parties are required to bring forth their entire case. Other claims arising from transaction are said to merge.

Question 12

I. Appeals

Answer 12

I. Appeals

Reise v. Board of Regents of the University of Wisconsin

28 USC Sec. 1291. Final Decisions of District Courts (only final decisions are reversible not interlocutory)