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Civil Procedure 1
FCRP, Key Cases, Key Concepts
26
Law
Graduate
10/08/2010

Additional Law Flashcards

 


 

Cards

Term

 

 

 

Rule 1

Definition

 

 

Scope & Procedure

 

These rules govern the procedure in all civil actions and proceedings in the US District Courts, except as stated in Rule 81.  They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding. 

Term

 

 

 

Rule 2

Definition

 

One Form of Action

 

There is one form of action-the civil action.

Term

 

 

 

Rule 3

Definition

 

Commencing an Action

 

A civil action is commenced by filing a complaint with the court.

Term

 

 

 

Rule 4

Definition

 

 

 

Summons

 

 

Term

 

 

 

Rule 7

Definition

 

 

Pleadings Allowed; 


Form of Motions and Other Papers

Term

 

 

 

Rule 8

Definition

 

 

 

General Rules of Pleadings

Term

 

 

 

Rule 9 

Definition

 

 

 

Pleading Special Matters

 

Term

 

 

 

Rule 10

Definition

 

 

 

Form of Pleadings

Term

 

 

 

Rule 11



 

Definition

 

 

  1. Signing Pleadings, Motions, and Other Papers
  2. Representations to the Court
  3. Sanctions

 

 

Term

 

 

 

Rule 12

Definition

 

 

  1. Defenses and Objections
  2. When and How Presented
  3. Motion for Judgment on the Pleadings
  4. Consolidating Motions
  5. Waiving Defenses
  6. Pretrial Hearing

 

Term

 

 

 

Rule 15

Definition

 

 

 

Amended and Supplemental Pleadings

Term

 

 

 

Rule 52

 

Definition

 

 

 

  1. Findings and Conclusions by the Court
  2. Judgment on Partial Findings

 

Term

 

 

 

Rule 54

Definition

 

 

 

  1.  
    1.  
      1.  
        1.  
          1. Judgment
          2. Costs

Term

 

 

 

Rule 55

Definition

 

 

  1.  
    1.  
      1.  
        1. Default
        2. Default Judgment

Term

 

 

 

 

Rule 56

 

Definition

 

 

 

Summary Judgment

Term

 

 

 

Rule 57 

Definition

 

 

 

 

Declaratory Judgment

Term

 

 

 

Rule 60

Definition

 

 

 

Relief from a Judgment or Order

Term

 

 

 

Rule 65

Definition


"Injunctive Relief"


  1.  
    1.  
      1.  
        1. Injunctions
        2. Restraining Order

 

Term

 

 


Rule 68

Definition

 

 

 

Offer of Judgment

Term

 

 

 

Diversity Jurisdiction

 

 

Definition

 

 

The authority of a federal court to hear and determine cases involving $10,000.00 or more and in which the parties are citizens of different states, or in which party is an alien.

Term

 

 

 

Federal Jurisdiction

Definition

 

 

The authority of federal courts to hear and determine case of a particular nature derived from the United States Constitution and rules promulgated by Congress pursuant thereto.

Term

 

 

 

Administrative Remedies

Definition

 

 

Relief that is sought before an administrative body as opposed to a court.

Term

 

 

 

 

Courts of Limited Jurisdiction

Definition

 

 

  1.  
    1.  
      1. Bankruptcy 
      2. Family Courts
      3. Workman's Compensation
      4. Social Security/Disability

Term

 

 

 

Rule 11

Definition

 

Sets forth:


  1. The requirement that every pleading or written paper be signed by at least one attorney of record
  2. The representations made by the attorney to the court upon the signing of such document
  3. The sanctions for violation of the provision

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