Rules/Statutes for Civ Pro

Question 1

Rule 3

Answer 1

Commencing a civil action

Question 2

Rule 11

Answer 2

Professional conduct for lawyers in court

Question 3

Rules Enabling Act (REA)

Answer 3

Federal statute that give SCOTUS the power to create the FRCP

Question 4

US Const. Art. 3, Sec. 2

Answer 4

Constitutional scope of Federal subject-matter jurisdiction (potential scope for lower Federal courts)

Question 5

§1332

Answer 5

Diversity jurisdiction statute

Question 6

§1331

Answer 6

Federal question jurisdiction

Question 7

§1333

Answer 7

Federal exclusive jurisdiction over maritime, admiralty, and prize

Question 8

§1338

Answer 8

Federal exclusive jurisdiction over patent, plant variety, and copyright (IP)

Question 9

§1441

Answer 9

Federal removal statute (general)

Question 10

§1441(b)(2)

Answer 10

Forum defendant rule

Question 11

§1446

Answer 11

Removal procedures

Question 12

§1447

Answer 12

After removal

Question 13

US Const. Art. 4 Sec. 1

Answer 13

Full faith and credit clause

Question 14

Rule 4

Answer 14

Federal rule governing proper service of process

Question 15

Rule 4(d)

Answer 15

Waiver of service

Question 16

Rule 4(e)

Answer 16

Service to individual

Question 17

Rule 4(h)

Answer 17

Service to corporation

Question 18

Rule 4(k)(1)(A)

Answer 18

Federal long-arm statute

Question 19

Rule 4(k)(1)(B)

Answer 19

Bulge rule

Question 20

§1391

Answer 20

General federal venue statute

Question 21

§1391(b)(1)

Answer 21

Residential venue provision

Question 22

§1391(b)(2)

Answer 22

Transactional venue provision

Question 23

§1391(b)(3)

Answer 23

Fallback provision

Question 24

§1406

Answer 24

Transfer/dismissal with improper venue

Question 25

§1404

Answer 25

Transfer with proper venue

Question 26

Forum Non Conveniens

Answer 26

Dismissal with proper venue

Question 27

Rule 8

Answer 27

General rules of pleading

Question 28

Rule 8(a)

Answer 28

Pleading standard for complaints

Question 29

Rule 55

Answer 29

Default judgment procedures

Question 30

Rule 12(b)(1)

Answer 30

Lack of subject-matter jurisdiction (motion for dismissal)

Question 31

Rule 12(b)(2)

Answer 31

Lack of personal jurisdiction (motion for dismissal)

Question 32

Rule 12(b)(3)

Answer 32

Improper venue (motion for dismissal)

Question 33

Rule 12(b)(4)

Answer 33

Insufficient service (motion for dismissal)

Question 34

Rule 12(b)(5)

Answer 34

Insufficient service of process (motion for dismissal)

Question 35

Rule 12(b)(6)

Answer 35

Failure to state a claim upon which relief can be granted (motion for dismissal)

Question 36

Rule 12(b)(7)

Answer 36

Failure to join required party under Rule 19 (motion for dismissal)

Question 37

Rule 12(c)

Answer 37

Motion for judgment based on the pleadings

Question 38

Rule 12(e)

Answer 38

Motion for a more definite statement

Question 39

Rule 12(f)

Answer 39

Motion to strike allegations/defenses from the pleading

Question 40

Rule 15

Answer 40

Amendment to pleading

Question 41

Rule 15(a)

Answer 41

Amendment as a matter of course (without leave)

Question 42

Rule 15(b)

Answer 42

Amendment with leave of court

Question 43

Rule 15(c)

Answer 43

Amendment with leave of court after the limitations period (relation-back)

Question 44

Rule 15(c)(1)(A)-(B)

Answer 44

Relation-back with claims

Question 45

Rule15(c)(1)(C)

Answer 45

Relation-back with parties

Question 46

Rule 18

Answer 46

Joinder of claims

Question 47

Rule 20

Answer 47

Permissive joinder of parties

Question 48

Rule 13

Answer 48

Counterclaims and crossclaims

Question 49

Rule 13(a)

Answer 49

Compulsory counterclaims

Question 50

Rule 13(b)

Answer 50

Permissive counterclaims

Question 51

Rule 13(g)

Answer 51

Crossclaims

Question 52

Rule 14

Answer 52

Impleader (third-party complaints)

Question 53

Rule 19

Answer 53

Required joinder of parties

Question 54

Rule 19(a)

Answer 54

When a party is "required" to be joined

Question 55

Rule 19(b)

Answer 55

Factors for courts to consider when deciding whether to proceed without required party or just dismissing

Question 56

§1397

Answer 56

Supplemental jurisdiction statute

Question 57

Rules of Decisions Act

Answer 57

Allows Federal courts to apply state law to cases brought under diversity or supplemental jurisdiction

Question 58

Rule 41

Answer 58

Voluntary dismissal

Question 59

Rule 41(a)(1)

Answer 59

Voluntary dismissal without a court order

Question 60

Rule 41(a)(2)

Answer 60

Voluntary dismissal with a court order

Question 61

Rule 56

Answer 61

Summary judgment

Question 62

Rule 50

Answer 62

Judgment as a matter of law (JML)

Question 63

Rule 50(a)

Answer 63

Motion for JML (i.e. motion for directed verdict)

Question 64

Rule 50(b)

Answer 64

Renewed motion for JML (RJML)

Question 65

Rule 59

Answer 65

New trials

Question 66

Rule 60

Answer 66

Relief from judgment

Question 67

Rule 54

Answer 67

Judgment

Question 68

Rule 57

Answer 68

Declaratory judgment