fed civ pro Flashcards
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.
Where a court is determining equitable claims following a jury’s determination on legal claims, the court is
The court is bound by the jury’s findings on the legal claims in determining the equitable claims.
After the jury returns a verdict and before the jury is dismissed, the court must poll the jurors individually if
a party requests.
attorney’s request to poll the jurymade after the jury had returned its special verdict and before the judge dismissed the jury is:
timely
special verdict
a written finding made by the jury on each issue of ultimate fact
Any civil action commenced in a state court that is within the original jurisdiction of a U.S. district court may generally be removed by the defendant to the district court for
the district and division in which the state court action is pending.
if removal is sought solely based on diversity jurisdiction, then the claim may be removed only if
no defendant is a citizen of the state in which the action was filed.
For the purposes of the diversity-of-citizenship requirement, a corporation is a citizen of
the state of its incorporation and its principal place of business.
A defendant who wants to remove a state court action to federal district court generally must file a ________________ with the _______________ within ______days after receipt by or service on that defendant of the __________ pleading or summons.
notice of appeal;
district court
30 days
initial pleading/summons
A complaint should not be dismissed for an mere imperfect statement
of the legal theory.
under Rule 12(b)(6), a claim for relief can be dismissed if it either fails to
1) assert a legal theory of recovery that is cognizable at law or
2) fails to allege facts sufficient to support a cognizable claim
In reviewing a motion to dismiss under Rule 12(b)(6), the court must identify and reject
legal conclusions unsupported by factual allegations.
under Rule 12(b)(6), the court must identify and reject
mere conclusory statements and assertions devoid of facts
A motion to strike is appropriate if a pleading contains
any insufficient defense, or redundant, immaterial, impertinent, or scandalous material.
A motion for summary judgment occurs after
discovery is complete.
A motion for judgment on the pleadings under Rule 12(c) must be made after
an answer is filed.
while the amount of damages sought by a defendant in a counterclaim may be relevant in determining the court’s subject-matter jurisdiction over the counterclaim, it is not relevant in determining
the court’s subject-matter jurisdiction over the plaintiff’s claim.
The fact that a corporation engages in substantial business in a state does not make the corporation
a citizen of that state.
When the assignment of a claim is a business transaction rather than a collusive act to create diversity jurisdiction, the assignee is
the real party in interest whose citizenship determines the existence of diversity.
When a plaintiff seeks special damages, the plaintiff is required to
plead such damages with specificity.
a plaintiff is generally not required to plead
a defendant’s capacity.
the burden lies on the defendant to deny capacity to contract and provide
supporting facts that are peculiarly within the defendant’s knowledge.
a plaintiff is not required to plead with particularity the satisfaction of a condition precedent. Instead, a defendant who denies that such a condition has been satisfied
must do so with particularity.