FRCP and Statutes Flashcards

(51 cards)

1
Q

Diversity SMJ (Constitution)

A

Article 3 Sec 2

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2
Q

Diversity SMJ (Statute)

A

28 USC 1332

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3
Q

Supplemental Jurisdiction

A

28 USC 1367

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4
Q

Federal Question SMJ (Statute)

A

28 USC 1331

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5
Q

Federal Question SMJ (Constitution)

A

Article 3 Sec 2

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6
Q

Due Process

A

14th Amd

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7
Q

Personal Jurisdiction, Notice, OTBH

A

14th Amd

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8
Q

Federal Long Arm Statute

A

FRCP 4k1a

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9
Q

Federal Loophole Closure for Fed Qs

A

FRCP 4k2

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10
Q

Establishing Venue

A

28 USC 1391

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11
Q

Transferring Venue

A

28 USC 1404

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12
Q

Removal

A

28 USC 1441

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13
Q

Pleading

A

FRCP 8

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14
Q

MTD

A

FRCP 12

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15
Q

Good Faith Pleading

A

FRCP 11

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16
Q

Claim Joinder

A

FRCP 18

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17
Q

Required Joinder of Parties

A

FRCP 19

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18
Q

Permissive Party Joinder

A

FRCP 20

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19
Q

Compulsory Counterclaims

A

FRCP 13a

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20
Q

Permissive Counterclaim

A

FRCP 13b

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21
Q

Crossclaim out of same transaction/occurrence

22
Q

Crossclaim against another party joined via 19 or 20

23
Q

Third Party Intervention

24
Q

Misjoinder

25
Judge can sever/consolidate
FRCP 42
26
Types of Class Action
FRCP 23b
27
Limited Fund Type Class Action
FRCP 23b1b
28
Injunction Type Class Action
FRCP 23b2
29
Damages Type Class Action
FRCP 23b3
30
Prerequisites to Class Action
FRCP 23a
31
General Scope of Discovery and Initial Disclosures
FRCP 26
32
Summary Judgment
FRCP 56
33
Right to Trial by Jury
7th Amd
34
Year Jury Trial rights were locked in
1791 (year)
35
Voir Dire Process
FRCP 47a
36
Jury Size
FRCP 48
37
JMOL
FRCP 50a
38
R.JMOL
FRCP 50b
39
New Trial Motion
FRCP 59
40
Reconsideration Motion
FRCP 60
41
Final Judgment Rule (Appeal)
28 USC 1291
42
Final Judgment on One Claim (while others continue)
FRCP 54b
43
Preliminary Injunction Exception to Final Judgment Rule
28 USC 1292a
44
Class Certification
FRCP 23f
45
Receivership Appt. & Sale of Property Exception to Final Judgment Rule
28 USC 1292a
46
Trial Judge Order for Interlocutory Appeal Exception to Final Judgment Rule
1292b
47
Voluntary Dismissal (Private Settlement)
FRCP 41
48
Federal Courts apply state law unless federal law exists
1652
49
Requirements for Complaint
FRCP 8a
50
Requirements for Answer
FRCP 8b
51
Right to Jury Trial (FRCP)
FRCP 38