Other Flashcards
Rule 12(b): Dismissal
A defendant may motion for dismissal on the grounds of
1. Lack of subject-matter jurisdiction
2. Lack of personal jurisdiction
3. Improper venue
4. Insufficient process
5. Insufficient service of process
6. Failure to state a claim upon which relief can be granted
7. Failure to join a party
Full Faith and Credit Clause: US Constitution art IV, §1
State courts are obligated to carry out the valid judgments of other states’ courts
Rule 12(b): Motions to Dismiss
A defendant may motion for dismissal on the grounds of
1. Lack of subject-matter jurisdiction
2. Lack of personal jurisdiction
3. Improper venue
4. Insufficient process
5. Insufficient service of process
6. Failure to state a claim upon which relief can be granted
7. Failure to join a party
Due Process: Amend XIV, §1
- States cannot enforce a law depriving a citizen of their liberties unless there has been due process
- Due process: individuals must be treated fairly and in accordance with existing judicial rules and procedures)