Introduction Flashcards
What does FR govern? How should rules be construed? What rule?
FR govern all civil actions in district courts
Rules should be construed and administered to secure just, speedy, and inexpensive proceedings
R.1
What does Rule 2 say?
There is one form of action-the civil action
How do you commence a civil action? What rule?
Civil action is commenced by filing a complaint with the court
R.3
When and why were FR enacted?
1938 to enact notice pleading, to remedy defects of common law and code pleadings
When is notice pleading standard satisfied?
Whenever D can reasonably discern nature of P’s cause of action
Who can award monetary damages?
Jury or judge
Who can award equitable relief?
Only judge
Examples of equitable relief
- Injunction
- Order requiring specific performance of contract
- Order requiring account of profits
- Order rescinding a contract
- Declaratory judgment
Jurisdiction of district courts
Limited
Jurisdiction of state courts
Broad
In what courts do FR apply?
District/federal
In what cases do FR apply?
Civil
What is a civil case?
Judicial resolution of claims brought by an individual or group against another individual or group
What is a criminal case?
Governmental entity prosecutes an individual for violation of criminal law
What is subject matter jurisdiction?
Categories of cases that court has power to adjudicate
From does subject matter arise?
Constitution or federal statute
Concurrent jurisdiction
No requirement to file, simply authorization to file in specific court
Exclusive jurisdiction
Requirement to file (example: maritime jurisdiction)
Where are most cases litigated?
State courts
What are the four levels of state courts?
- Trial court
- Appellate court
- State Supreme Court
- U.S. Supreme Court
What are the three levels of federal courts?
- U.S. District Courts
- U.S. Courts of Appeals
- U.S. Supreme Court
Diversity jurisdiction
Cases between citizens of different states
Examples of cases over which federal courts have subject matter jurisdiction
- Cases between citizens of different states
- Cases between citizens and aliens
- Cases in which U.S. is a party
- Admiralty and maritime cases
How many federal districts?
13
How many federal district courts?
94
Court of original jurisdiction
Court where the case was filed, where judgment was first entered = closest connection to facts of case
How many federal appellate courts?
13
What district is TN in?
6th
Where does the U.S. Supreme Court derive power?
Madisonian Compromise (Article III of Constitution)
Writ of tertiary
Application for Supreme Court to hear case, can be granted or denied
Considerations in selecting court
- Subject matter jurisdiction
- Personal jurisdiction
- Venue
Venue
Appropriate court within geographical jurisdiction
Personal jurisdiction
Jurisdiction over parties
Litigation process
- Pleadings
- Discovery
- Pretrial
- Trial
- Post-trial
- Appeal
Sources of procedural law
- Constitution
- Case law
- Regulations/statutes
