Introduction

Question 1

What does FR govern? How should rules be construed? What rule?

Answer 1

FR govern all civil actions in district courts

Rules should be construed and administered to secure just, speedy, and inexpensive proceedings

R.1

Question 2

What does Rule 2 say?

Answer 2

There is one form of action-the civil action

Question 3

How do you commence a civil action? What rule?

Answer 3

Civil action is commenced by filing a complaint with the court

R.3

Question 4

When and why were FR enacted?

Answer 4

1938 to enact notice pleading, to remedy defects of common law and code pleadings

Question 5

When is notice pleading standard satisfied?

Answer 5

Whenever D can reasonably discern nature of P’s cause of action

Question 6

Who can award monetary damages?

Answer 6

Jury or judge

Question 7

Who can award equitable relief?

Answer 7

Only judge

Question 8

Examples of equitable relief

Answer 8

1. Injunction
2. Order requiring specific performance of contract
3. Order requiring account of profits
4. Order rescinding a contract
5. Declaratory judgment

Question 9

Jurisdiction of district courts

Answer 9

Limited

Question 10

Jurisdiction of state courts

Answer 10

Broad

Question 11

In what courts do FR apply?

Answer 11

District/federal

Question 12

In what cases do FR apply?

Answer 12

Civil

Question 13

What is a civil case?

Answer 13

Judicial resolution of claims brought by an individual or group against another individual or group

Question 14

What is a criminal case?

Answer 14

Governmental entity prosecutes an individual for violation of criminal law

Question 15

What is subject matter jurisdiction?

Answer 15

Categories of cases that court has power to adjudicate

Question 16

From does subject matter arise?

Answer 16

Constitution or federal statute

Question 17

Concurrent jurisdiction

Answer 17

No requirement to file, simply authorization to file in specific court

Question 18

Exclusive jurisdiction

Answer 18

Requirement to file (example: maritime jurisdiction)

Question 19

Where are most cases litigated?

Answer 19

State courts

Question 20

What are the four levels of state courts?

Answer 20

1. Trial court
2. Appellate court
3. State Supreme Court
4. U.S. Supreme Court

Question 21

What are the three levels of federal courts?

Answer 21

1. U.S. District Courts
2. U.S. Courts of Appeals
3. U.S. Supreme Court

Question 22

Diversity jurisdiction

Answer 22

Cases between citizens of different states

Question 23

Examples of cases over which federal courts have subject matter jurisdiction

Answer 23

1. Cases between citizens of different states
2. Cases between citizens and aliens
3. Cases in which U.S. is a party
4. Admiralty and maritime cases

Question 24

How many federal districts?

Answer 24

13

Question 25

How many federal district courts?

Answer 25

94

Question 26

Court of original jurisdiction

Answer 26

Court where the case was filed, where judgment was first entered = closest connection to facts of case

Question 27

How many federal appellate courts?

Answer 27

13

Question 28

What district is TN in?

Answer 28

6th

Question 29

Where does the U.S. Supreme Court derive power?

Answer 29

Madisonian Compromise (Article III of Constitution)

Question 30

Writ of tertiary

Answer 30

Application for Supreme Court to hear case, can be granted or denied

Question 31

Considerations in selecting court

Answer 31

1. Subject matter jurisdiction 2. Personal jurisdiction 3. Venue

Question 32

Venue

Answer 32

Appropriate court within geographical jurisdiction

Question 33

Personal jurisdiction

Answer 33

Jurisdiction over parties

Question 34

Litigation process

Answer 34

1. Pleadings 2. Discovery 3. Pretrial 4. Trial 5. Post-trial 6. Appeal

Question 35

Sources of procedural law

Answer 35

1. Constitution 2. Case law 3. Regulations/statutes