Home > Flashcards > Law > Civil Procedure - FRCP

Details Title: Civil Procedure - FRCP Description: FRCP Total Flash Cards: 35 Created: 12/10/2006 05:45:52	To study from this set of flash cards, or to create your own your own study flash cards, register HERE. If you are already a registered user, CLICK HERE.
Cards Term Rule 4 Definition Summons - 4a: Form 4b. Issuance 4c. Service With Complaint; by Whom Made 4d: Waiver of Service; Duty to Save Costs of Service; Requests 4e: Service Upon Individuals W/in a Judicial District of the U.S. 4h: Service Upon Corporations and Associations 4k: Territorial Limits of Effective Service 4m: Time Limit for Service 4n. Seizure of Property; Service of Summons Not Feasible Term Rule 7 Definition Pleadings Allowed; Form of Motions 7a: Pleadings 7b: Motions and Other Papers 7c: Demurrers, Pleas, etc., Abolished. Term Rule 8 Definition General Rules of Pleading 8a: Claims for Relief 8b: Defenses; Form of Denials 8c: Affirmative Defenses (19 listed) 8d: Effect of Failure to Deny 8e: Pleading to Be Concise and Direct; Term Rule 12 Definition Defenses and Objections—When and How Presented—By Pleadings or Motion—Motion for Judgment on the Pleadings 12a: When Presented 12b: How Presented 12c: Motion for Judgment on the Pleadings 12d: Preliminary Hearings 12e: Motion for More Definite Statement 12f: Motion to Strike 12g: Consolidation of Defenses in Motion 12h: Waiver or Preservation of Certain Defenses Term Rule 13 Definition Counterclaim or Crossclaim 13a: Compulsory Counterclaims 13b: Permissive Counterclaims 13c: Counterclaim Exceeding Opposing Claim 13d: Counterclaim against U.S. 13e: Counterclaim Maturing/Acquired after Pleading 13f: Omitted Counterclaims 13g: Counterclaim against Co-Party 13h: Joinder of Additional Parties Term Rule 14 Definition Third Party Practice 14a: When Δ May Bring in 3rd Party 14b: When Π May Bring in 3rd Party 14c: Admiralty and Maritime Claims Term Rule 15 Definition Amended and Supplemental Pleadings 15a: Amendments 15b: Amendments to Conform to the Evidence 15c: Relation Back of Amendments 15d: Supplemental Pleadings Term Rule 18 Definition Joinder of Claims and Remedies 18a: Joinder of Claims 18b: Joinder of Remedies; Fraudulent Conveyances Term Rule 19 Definition Joinder of Persons Needed for Just Adjudication Term Rule 20 Definition Permissive Joinder Term Rule 21 Definition Misjoinder and non-joinder Term Rule 23 Definition Class Actions Term Rule 24 Definition Intervention Term Rule 41 Definition Rule 41: Dismissals of Actions 41a: Voluntary Dismissals 41b: Involuntary Dismissal Term Rule 45 Definition Rule 45: Subpoena 45a: Form 45b: Service 45c: Protection of Persons Subject to Subpoena 45d: Duties in Responding Term Rule 47 Definition Rule 47: Jurors 47a: Examination of Jurors 47b: Peremptory Challenges 47c: Excuse Term Rule 48 Definition Rule 48: Number of Jurors – Participation in Verdict Term Rule 50 Definition 50a: Judgment as a Matter of Law 50b: Renewing Motion for Judgment After Trial; Alternative Motion for New Trial 50c: Granting Renewed Motion for Judgment as a Matter of Law; Conditional Rulings; New Trial Motion 50d: Same: Denial of Term Rule 49 Definition Rule 49: Special Verdicts and Interrogatories 49a: Special Verdicts: 49b: General Verdict Accompanied by Answer to Interrogatories Term Rule 51 Definition Rule 51: Instructions to Jury: Objection Term Rule 52 Definition Rule 52: Findings by the Court; Judgment on Partial Findings 52a: Effect 52b: Amendment 52c: Judgment on Partial Findings Term Rule 56 Definition Rule 56: Summary Judgment 56a: For Claimant 56b: For Defending Party 56c: Motion and Proceedings Thereon 56d: Case Not Fully Adjudicated on Motion 56e: Form of Affidavits; Further Testimony;Defense Required 56f: When Affidavits Are Unavailable 56g: Affidavits Made in Bad Faith Term Rule 59 Definition Rule 59: New Trials; Amendment of Judgments 59a: Grounds 59b: Time for Motion 59c: Time for Serving Affidavits 59d: On Initiative of Court 59e: Motion to Alter or Amend a Judgment Term Rule 60 Definition Rule 60: Relief from Judgment or Order 60a: Clerical Mistakes 60b: Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Term Rule 61 Definition Rule 61: Harmless Error Term Rule 64 Definition Rule 64: Seizure of Person or Property Term 1251 Definition Original Jurisdiction Term 1253 Definition Direct Appeals from decisions of three-judge courts Term 1254 Definition Courts of appeals; certiorari; appeal; certified questions Term 1257 Definition State courts; appeal; certiorari Term 1291 Definition Final decisions of state courts Term 1292 Definition Interlocutory decisions Term 1331 Definition Federal Question Term 1332 Definition Diversity of citizenship; amount in controversy; costs Term 1345 Definition United States as plaintiff