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Flashcards in Introduction Deck (35)
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1
Q

What does FR govern? How should rules be construed? What rule?

A

FR govern all civil actions in district courts

Rules should be construed and administered to secure just, speedy, and inexpensive proceedings

R.1

2
Q

What does Rule 2 say?

A

There is one form of action-the civil action

3
Q

How do you commence a civil action? What rule?

A

Civil action is commenced by filing a complaint with the court

R.3

4
Q

When and why were FR enacted?

A

1938 to enact notice pleading, to remedy defects of common law and code pleadings

5
Q

When is notice pleading standard satisfied?

A

Whenever D can reasonably discern nature of P’s cause of action

6
Q

Who can award monetary damages?

A

Jury or judge

7
Q

Who can award equitable relief?

A

Only judge

8
Q

Examples of equitable relief

A
  1. Injunction
  2. Order requiring specific performance of contract
  3. Order requiring account of profits
  4. Order rescinding a contract
  5. Declaratory judgment
9
Q

Jurisdiction of district courts

A

Limited

10
Q

Jurisdiction of state courts

A

Broad

11
Q

In what courts do FR apply?

A

District/federal

12
Q

In what cases do FR apply?

A

Civil

13
Q

What is a civil case?

A

Judicial resolution of claims brought by an individual or group against another individual or group

14
Q

What is a criminal case?

A

Governmental entity prosecutes an individual for violation of criminal law

15
Q

What is subject matter jurisdiction?

A

Categories of cases that court has power to adjudicate

16
Q

From does subject matter arise?

A

Constitution or federal statute

17
Q

Concurrent jurisdiction

A

No requirement to file, simply authorization to file in specific court

18
Q

Exclusive jurisdiction

A

Requirement to file (example: maritime jurisdiction)

19
Q

Where are most cases litigated?

A

State courts

20
Q

What are the four levels of state courts?

A
  1. Trial court
  2. Appellate court
  3. State Supreme Court
  4. U.S. Supreme Court
21
Q

What are the three levels of federal courts?

A
  1. U.S. District Courts
  2. U.S. Courts of Appeals
  3. U.S. Supreme Court
22
Q

Diversity jurisdiction

A

Cases between citizens of different states

23
Q

Examples of cases over which federal courts have subject matter jurisdiction

A
  1. Cases between citizens of different states
  2. Cases between citizens and aliens
  3. Cases in which U.S. is a party
  4. Admiralty and maritime cases
24
Q

How many federal districts?

A

13

25
Q

How many federal district courts?

A

94

26
Q

Court of original jurisdiction

A

Court where the case was filed, where judgment was first entered = closest connection to facts of case

27
Q

How many federal appellate courts?

A

13

28
Q

What district is TN in?

A

6th

29
Q

Where does the U.S. Supreme Court derive power?

A

Madisonian Compromise (Article III of Constitution)

30
Q

Writ of tertiary

A

Application for Supreme Court to hear case, can be granted or denied

31
Q

Considerations in selecting court

A
  1. Subject matter jurisdiction
  2. Personal jurisdiction
  3. Venue
32
Q

Venue

A

Appropriate court within geographical jurisdiction

33
Q

Personal jurisdiction

A

Jurisdiction over parties

34
Q

Litigation process

A
  1. Pleadings
  2. Discovery
  3. Pretrial
  4. Trial
  5. Post-trial
  6. Appeal
35
Q

Sources of procedural law

A
  1. Constitution
  2. Case law
  3. Regulations/statutes