Rules and Statutes

wermerj's version from 2015-11-22 01:07

Constitution and Amendments

Question Answer
Article IIIgrants power to the federal courts; fed courts can have SMJ over FQ and Diversity cases; Fed courts must hear case and controversy
7th Amendmentcivil matters right to jury trial for legal issues but not equitable issues, does not extend to states
5th AmendmentDue Process for federal government
10th AmendmentPreserves to the states all powers that have not been given to the federal government in the Constitution
14th AmendmentDue Process extended to states


Question Answer
28 USC 1331Federal Question Jurisdiction
28 USC 1332Diversity Jurisdiction
28 USC 1335Statutory Interpleader
28 USC 1367Supplemental Jurisdiction (Gibbs Test)
28 USC 1391Venue - any district where all Ds reside and any district where substantial part of claim happened
28 USC 1404transfer from proper venue
28 USC 1406transfer/dismissal from improper venue
28 USC 1441Removal
28 USC 2201aDeclaratory Judgment Act - in a case in actual controversy, fed courts may declare the rights or other legal relations of any interested party seeking such a declaration
28 USC 2361Nationwide service of process (for Statutory Interpleader)
Rules Enabling ActFederal courts can dictate their own procedural law, as long as it doesn't infringe on State substantive law
Rules of Decision ActThe Laws of the several states shall be regarded as rules of decision in civil actions in (US) courts


Question Answer
4Service of Process
4e1Can serve D by following state law on for serving a summons
4e2Three kinds of normal service - personally, at individual's dwelling or place of abode, or to authorized agent
4k1Territorial Limits of Effective Service - federal court only has TJ over D that is valid in state's court
4k2Bulge Rule - Jurisdiction over party outside forum joined under 14 or 19 if they live within 100 miles from where summons was issued (courthouse)
8Complaint, plaintiff may allege as many, unrelated claims as they want against a single defendant
8cAffirmative Defenses
9bwhen alleging fraud or mistake, Plaintiff must state facts with particularity
12b1Lack of SMJ
12b2Lack of Territorial Jurisidiction
12b3Improper Venue
12b4Insufficient Process
12b5Insufficient Service of Process
12b6Motion to dismiss for failure to state a claim
12b7Motion to dismiss for failure to join indispensable party under Rule 19
12cMotion for judgment on the pleadings
13Counterclaim and Crossclaim
13acompulsory counterclaim
13bpermissive counterclaim
15Amending Pleadings
15aP wants to amend before answer is served by D
15bAmending at trial
15cAdding claim after SOL has run, adding new party
16Pretrial Conference
17Real Party in interest, capacity to sue or be sued, standing
18Joinder of Claims
19Necessary and Indispensable Parties
20Permissive Joinder of Parties
23Class Actions
23aCANT requirements
23b1risk of inconsistent adjudications and inability to prosecute claims as a practical matter
23b2class seeks injunction or declaratory judgment, not monetary damages
23b3common question of law or fact predominate, and class action is superior form of resolution
26-37Rules of Discovery
26bScope of Discovery
26aRequired disclosure - IDs of people who might have discoverable info, how much is suit asking for, insurance agreements
26b4Experts - if retained for trial need ID and written report of findings
29Stipulations about Discovery Procedure
30Oral Depos
31Written Depos
32Use of Depos in Court Proceedings
34Document Production
35Physical and Mental Examinations
36Requests for Admission
37Failure to disclose or cooperate in discovery; sanctions
48Number of Jurors
50Directed Verdict
57Declaratory Judgment - courts can hear declaratory judgment cases
59Motion for a New Trial
60Relief from Judgment
65Injunction - TRO and Preliminary Injunction
68Offer of Judgment, Making an offer, not accepting offer, paying costs after unaccepted offer