Terms Related to Civil Procedure Flashcards

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1
Q

Civil Procedure

A

Civil procedure is the body of law concerned with procedural aspects of civil litigation. At the federal level, these rules of procedure are called the Federal Rules of Civil Procedure.

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2
Q

Diversity Jurisdiction of Federal Courts

A

Article III, Section 2 of the United States Constitution states that federal court jurisdiction extends to all cases and controversies between citizens of different states. In order for the federal court to have jurisdiction, the amount in controversy requirement must also be satisfied.

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3
Q

Federal Question Jurisdiction

A

Federal courts are also authorized under Article III, Section 2 of the United States Constitution to hear cases arising under the Constitution of the United States, congressional acts, or treaties.

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4
Q

Writ of Certiorari

A

An order prepared by an appellate court, when that court may exercise discretion regarding whether or not to hear an appeal from a lower court, is called a “Writ of Certiorari.” Specifically regarding the U.S. Supreme Court, a review by the Writ of Certiorari may prevail only when there are special and important reasons to hear the case.

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