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Civ Pro Rule/Statute Names > Rules/Statutes for Civ Pro > Flashcards

Rules/Statutes for Civ Pro Flashcards

1
Q

Rule 3

A

Commencing a civil action

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2
Q

Rule 11

A

Professional conduct for lawyers in court

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3
Q

Rules Enabling Act (REA)

A

Federal statute that give SCOTUS the power to create the FRCP

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4
Q

US Const. Art. 3, Sec. 2

A

Constitutional scope of Federal subject-matter jurisdiction (potential scope for lower Federal courts)

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5
Q

§1332

A

Diversity jurisdiction statute

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6
Q

§1331

A

Federal question jurisdiction

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7
Q

§1333

A

Federal exclusive jurisdiction over maritime, admiralty, and prize

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8
Q

§1338

A

Federal exclusive jurisdiction over patent, plant variety, and copyright (IP)

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9
Q

§1441

A

Federal removal statute (general)

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10
Q

§1441(b)(2)

A

Forum defendant rule

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11
Q

§1446

A

Removal procedures

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12
Q

§1447

A

After removal

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13
Q

US Const. Art. 4 Sec. 1

A

Full faith and credit clause

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14
Q

Rule 4

A

Federal rule governing proper service of process

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15
Q

Rule 4(d)

A

Waiver of service

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16
Q

Rule 4(e)

A

Service to individual

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17
Q

Rule 4(h)

A

Service to corporation

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18
Q

Rule 4(k)(1)(A)

A

Federal long-arm statute

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19
Q

Rule 4(k)(1)(B)

A

Bulge rule

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20
Q

§1391

A

General federal venue statute

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21
Q

§1391(b)(1)

A

Residential venue provision

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22
Q

§1391(b)(2)

A

Transactional venue provision

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23
Q

§1391(b)(3)

A

Fallback provision

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24
Q

§1406

A

Transfer/dismissal with improper venue

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25
Q

§1404

A

Transfer with proper venue

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26
Q

Forum Non Conveniens

A

Dismissal with proper venue

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27
Q

Rule 8

A

General rules of pleading

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28
Q

Rule 8(a)

A

Pleading standard for complaints

29
Q

Rule 55

A

Default judgment procedures

30
Q

Rule 12(b)(1)

A

Lack of subject-matter jurisdiction (motion for dismissal)

31
Q

Rule 12(b)(2)

A

Lack of personal jurisdiction (motion for dismissal)

32
Q

Rule 12(b)(3)

A

Improper venue (motion for dismissal)

33
Q

Rule 12(b)(4)

A

Insufficient service (motion for dismissal)

34
Q

Rule 12(b)(5)

A

Insufficient service of process (motion for dismissal)

35
Q

Rule 12(b)(6)

A

Failure to state a claim upon which relief can be granted (motion for dismissal)

36
Q

Rule 12(b)(7)

A

Failure to join required party under Rule 19 (motion for dismissal)

37
Q

Rule 12(c)

A

Motion for judgment based on the pleadings

38
Q

Rule 12(e)

A

Motion for a more definite statement

39
Q

Rule 12(f)

A

Motion to strike allegations/defenses from the pleading

40
Q

Rule 15

A

Amendment to pleading

41
Q

Rule 15(a)

A

Amendment as a matter of course (without leave)

42
Q

Rule 15(b)

A

Amendment with leave of court

43
Q

Rule 15(c)

A

Amendment with leave of court after the limitations period (relation-back)

44
Q

Rule 15(c)(1)(A)-(B)

A

Relation-back with claims

45
Q

Rule15(c)(1)(C)

A

Relation-back with parties

46
Q

Rule 18

A

Joinder of claims

47
Q

Rule 20

A

Permissive joinder of parties

48
Q

Rule 13

A

Counterclaims and crossclaims

49
Q

Rule 13(a)

A

Compulsory counterclaims

50
Q

Rule 13(b)

A

Permissive counterclaims

51
Q

Rule 13(g)

A

Crossclaims

52
Q

Rule 14

A

Impleader (third-party complaints)

53
Q

Rule 19

A

Required joinder of parties

54
Q

Rule 19(a)

A

When a party is “required” to be joined

55
Q

Rule 19(b)

A

Factors for courts to consider when deciding whether to proceed without required party or just dismissing

56
Q

§1397

A

Supplemental jurisdiction statute

57
Q

Rules of Decisions Act

A

Allows Federal courts to apply state law to cases brought under diversity or supplemental jurisdiction

58
Q

Rule 41

A

Voluntary dismissal

59
Q

Rule 41(a)(1)

A

Voluntary dismissal without a court order

60
Q

Rule 41(a)(2)

A

Voluntary dismissal with a court order

61
Q

Rule 56

A

Summary judgment

62
Q

Rule 50

A

Judgment as a matter of law (JML)

63
Q

Rule 50(a)

A

Motion for JML (i.e. motion for directed verdict)

64
Q

Rule 50(b)

A

Renewed motion for JML (RJML)

65
Q

Rule 59

A

New trials

66
Q

Rule 60

A

Relief from judgment

67
Q

Rule 54

A

Judgment

68
Q

Rule 57

A

Declaratory judgment

Civ Pro Rule/Statute Names (1 decks)

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