Capsule from Westlaw

Frage	Antworten
Fill in the blank: The American states basically followed the English model until the code reforms of the 19th century, beginning with the ___.	Field Code of 1848
Fill in Blank: In federal practice, a plaintiff must first select a court with ___ jurisdiction and territorial authority to adjudicate.	Subject-matter. He commences a federal lawsuit by filing a complaint with the selected federal district court. Rule 3.
T/F: The persons whose interest are to be affected in a federal lawsuit does not have to receive adequate notice.	False. It is a must. It is usually achieved by service of process.
What are the steps in a pleading?	1. Complaint 2. Motion and/or Answer 3. Motion, Reply, and/or Answer
What is the scope for disclosure?	Parties must disclose (1) at the outset, favorable occurrence witnesses and documents, as well as insurance coverage, (2) at a specified time, identity of any expert who may be called at trial, along with a detailed expert report, and (3) shortly before trial, trial witness lists and the like regarding non-impeachment evidence.
T/F: it is a requirement that litigants confer early, before discovery proceeds, to consider the case, the disclosures, and a discovery plan.	True. Rule 26 (f)
What is the scope of discovery? (Hint: It is very wide)	Any matter that is "relevant" and is "non-privileged". rule 26(b)(1).
What are the six major types of discovery devices?	1. Oral depositions 2. written depositions 3. interrogatories 4. production of documents and such 5. physical and mental examination 6. requests for admission
The purpose of a pretrial conference allows...	the courts and the litigants to confer generally about the case, so moving it along to disposition and molding it for trial.
Fill in blank:Rule __ incorporates state law on seizure of property, which law typically provides remedies as attachment and garnishment to ensure that assets will still be there to satisfy any eventual judgment.	Rule 64.
Fill in blank: Rule 65 governs the stopgap ___ and the ____.	temporary restraining order; preliminary injunction.
Describe Rule 56.	Device by which any party may without trial obtain a summary judgment on all or part of any claim, if he is "entitled to judgment as a matter of law" and if "there is no genuine issue as to any material fact."
What are some steps that may avoid trial?	voluntary dismissal; involuntary dismissal; default; and settlement.
What are the 2 motions available to change the outcome of a case?	1. renewed motion for judgment as matter of law 2. a motion for a new trial.
How many members does a federal civil jury normally have?	6 to 12.
Fill in blank: Right to trial by jury is governed by the __ amendment to the federal constitution.	Seventh. It is read expansively and includes at least any issue that would have been triable of right to a common-law jury in 1791.
T/F: The court in its discretion with the consent of both parties, can order a trial by jury.	True. rule 39(c)(2).
What are the kinds of relief?	1. Coercive Relief: Legal and Equitable 2. Declaratory Relief
Fill in blank: The usual tool for enforcing a legal-type judgment is a writ of ___.	execution.
The usual tool for enforcing an equitable-type judgment is the court's ___power.	contempt
What are some exceptions to the rule that only final decisions of a district court are appealable?	1. such judge-made doctrines as the collateral order doctrine of the Cohen case 2. the ad hoc approach of the Gillespie case, and 3. the treatment of complex litigation in Rule 54(b).
Under 38 U.S.C.A. SS 1254, there are 2 routes from the court of appeals to the Supreme court. What are they?	1. Certiorari 2. certification.
Fill in the blank: Article III extends the federal judicial power to such diversity cases, and it has been broadly read to require only "____".	Partial diversity of citizenship
The World-Wide Volkswagen case requires:	the categorization of the action and then the application of both the power and the unreasonableness test.

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