Civil Procedure Flashcards
Type of jurisdiction that allows a federal court to hear a non federal, or state claim, provided there is also a federal claim arising out of the same incident
Pendent jurisdiction
Person who has the right the lawsuit is seeking to enforce
Real party in interest. FRCP 17
In cases where the real party in interest is not named on the claim
Joinder FRCP 19 and 20
Allows a party to be joined in the litigation if there is a question of law or fact common to all parties arising out of the action, and each plaintiff has a right to relief, jointly, severally, or alternatively, against each defendant.
Permissive joinder
What motion is filed if you want the court to act on a case where the defendant had failed to answer the complaint
Motion for default
What is a response to a counterclaim
Answer
Can an attorney remove a prospective juror using a peremptory challenge for being uneducated?
Yes
What type of verdict provides the jury’s findings as to each issue of dispute
Special verdict
In a trial, one of the last actions the court performs is
Issue a final judgment
What is a person whose interest in the controversy before the court is such that the court cannot render an equitable judgment without having jurisdiction over that party
An indispensable party
Substitution of parties is not appropriate when
A party lacks standing
Define Res Judicata
The controversy has already been decided by another court.
The plaintiff acted or failed to take action that would have reduced or eliminated damages
Failure to mitigate damages
What rule governs when a party can request production in discovery?
Rule 34 allows parties to request documents, ESI, tangible evidence, or the opportunity to inspect or test property or things.
What rule governs the procedure to compel disclosure or discovery?
FRCP 37 is used when a party refuses to participate in the discovery process or gives incomplete or evasive answers
