Civil Procedure

lilaleeog's version from 2018-05-31 19:35


Question Answer
28 USC 1333exclusive jurisdiction over admiralty
Art. III, Section 1The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish
10th AmendmentThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or the people
28 USC 1331Federal Question Jurisdiction: the district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States
demurrereven if all the allegations in the complaint were true, it fails to state any cause of action for which the law provides relief
Rule 1scope and purpose: these rules should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding
preponderance of the evidenceparty with burden has to produce at least somewhat more evidence than the other party 50% plus a feather