Civ Pro MCQ Rules II Flashcards
What is the two-dismissal rule on voluntary dismissals?
Under the two-dismissal rule, a voluntary dismissal is with prejudice when the plaintiff (1) voluntarily dismissed an action in federal or state court without a court order and (2) filed a notice of voluntary dismissal in a second action on the same claim in federal court.
What is the abstention doctrine and how does it apply to federal courts?
A federal court with subject-matter jurisdiction may abstain from hearing a case or stay the matter pending adjudication of the similar state court action when an abstention doctrine applies. The abstention doctrine applies when:
- There is an unsettled state law (Pullman) or a regulatory scheme (Burford) at issue in the lawsuits pending in state court
- The state proceedings involve an important state interest (e.g., protection of child welfare) (Younger) and
- There is an indication that exceptional circumstances (e.g., inconvenient federal forum) exist to justify conserving judicial resources (Colorado River).
How does a general denial affect a party’s answer to a complaint?
When responding to a complaint, a party may make a general denial of all allegations if he, in good faith, does deny all allegations.
How does a federal court determine PJ over a party?
A federal court must generally determine personal jurisdiction as if it were a court of the state in which it is situated. The service of a summons in a federal action establishes personal jurisdiction over a defendant who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located.
When is a demand for a jury trial timely filed?
A jury trial demand must be (1) served on a party within 14 days of service of the last pleading directed to the issue that is to be tried by a jury (E.g., the defendant’s answer) and (2) filed with the court.
What is the effect of a party failing to respond to a proper motion for summary judgment?
If a motion for summary judgment is properly made and supported, the opposing party may not rely solely on the allegations/denials made in her own pleading, but she must either set out specific facts that point towards a genuine dispute for trial or show by affidavit or declaration that, for specified reasons, she cannot present facts essential to oppose the motion. If the opposing party does not so respond, then summary judgment, if appropriate, will be entered against that party.
What are an individual’s rights under the 7th amendment?
Under the Seventh Amendment, a party to a civil action has the right to a trial by jury with regard to an action at law (i.e., an action for damages). If an action involves both legal and equitable claims and there are common factual issues, then the jury determines the legal claims first and the court subsequently determines the equitable claims. The court is bound by the jury’s findings on the legal claims in determining the equitable claims.
What is a declaratory judgment?
A declaratory judgment is a ruling in which the court tells the parties to a dispute what their rights, responsibilities, or obligations are, without awarding damages or ordering the parties to do (or refrain from doing) anything. Parties generally seek a declaratory judgment to resolve uncertainty and avoid the possibility of a future lawsuit.
