Term
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Definition
FRCP 7(a)- In a lawsuit involving only a single P and a single D, this rule
allows only a complaint,an answer, and, sometimes, a reply. |
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Term
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Definition
filed by P that specifies all the
claims he has against D. |
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Definition
| Filed by D in which she responds to all of P's claims and files any counterclaims. D can raise other claims prior to the answer by filing a motion. |
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Definition
P's response to D's answer. This will only occur when D's answer contains a
counterclaim that is expressly designated as a counterclaim or when it is court ordered. |
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Term
FRCP 7(b)-
Requirements for Motions |
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Definition
Must be in writing (though this can be satisfied by the written notice of hearing on motion; State with particularity the grounds on which the motion is based; State the relief
sought; Must be signed |
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Term
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Definition
Contents of a complaint--- Three basic
components: 1- A short and plain statement of the basis for jurisdiction. 2- A short and plain statement of P's claim. 3- A demand for judgment setting out the relief P seeks. Statement of the claim- the "short and plain statement" is a low threshold. |
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Definition
| Must only contain enough detail to put the D on notice as to the complaint against him. |
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Definition
| All the rules require is a short and plain statement of the claim that will give the D fair notice of what the P's claim is and the grounds upon which it rests. This case created a very loose standard of sufficiency in pleading. |
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Definition
| Pleadings shall be simple, concise, and direct. |
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Definition
| All pleadings must be construed as to do substantial justice. |
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Definition
The P need not allege all the facts that constitute each of the substantive elements of recognizable claim, as long as all those elements are inferable from the mention of some of the
circumstances surrounding the complaint. |
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Term
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Definition
A P need not explicitly state the legal
theory on which she relies. As long as
the P states sufficient facts, she can
rely on any legal theory that provides
a cause of action under those facts.
On the other hand, P must provide enough of the basic facts to allow the
D to form a response. |
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Term
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Definition
| FRCP 8(d)(2)- A party may assert alternative (even inconsistent)grounds for relief. |
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Definition
| A party who brings a claim based on fraud or mistake must state the circumstances constituting fraud or mistake with particularity. FRCP 9(b). |
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Term
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Definition
| A party who claims any items of special damage must state those items with particularity. FRCP 9g. Refers to any injury suffered by the P that would not be reasonably expected. If P seeks to introduce evidence on any such special injuries at trial, it needs to allege the injuries specifically in the complaint. |
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Definition
SC said that there cannot be higher pleading requirements set under specific laws. Here, a heightened pleading standard is not applied to
Civil Rights cases. |
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Term
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Definition
FRCP 12-
allows D to raise
certain defenses
and objections in a
pre-answer motion. |
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Term
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Definition
Dismissals: 1- Lack of SMJD; 2- Lack of PJD; 3- Improper Venue; 4- Insufficient
process; 5- Insufficient service of Process; 6- Failure to State a Claim; 7- Failure to join a party. |
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Term
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Definition
| Time- The D must respond within 20 days after service of the summons and complaint upon him or her. Otherwise, D could lose under Rule 55. |
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Definition
| Motion for a More Definite Statement |
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Definition
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Definition
| TC granted D's 12(b)(6) motion b/c under the facts, the law would not allow P to recover. However, when this court went to the SC, court held that a cause of action would exist under federal civil rights laws. They said the complaint was sufficient to state a claim. |
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Term
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Definition
This is the D's general response to the complaint. This is filed regardless of whether the D files a pre-answer motion. The answer must deal with ALL of the P's allegations. This may include claims against the P or against
other Ds. |
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Term
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Definition
| FRCP 12(a)- Requires the D to file an answer with a particular period. Default rule- 20 days. |
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Term
| If D agrees to waive service... |
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Definition
Time periods are extended. A domestic D
waiving service has 60 days to send the answer. It's 90 days if the D is situated outside of the US. FRCP 12a1A. |
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Term
| United States and Answer (Time) |
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Definition
The US, a federal agency, or a federal officer, has 60 days to answer. FRCP 12(a)(3)(A). This rule will also apply to federal officers sued in an individual capacity in connection with duties performed on behalf of the federal government. FRCP 12a3B.
Effect of
Motions (on
Time)
The time periods are
extended. Usually, the D is
required to answer within
10 days of the court's
ruling on the motion.
FRCP 12 (a)(4)(A).
Admit or
Deny
A D |
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Term
| Effect of Motions (on time) |
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Definition
The time periods are extended. Usually, the D is required to answer within 10 days of the court's ruling on the motion.
FRCP 12 (a)(4)(A). |
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Term
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Definition
| A D must admit or deny all of the allegations in the complaint; Failure to deny is deemed an admission. FRCP 8b. |
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Term
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Definition
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Term
| Amendments to the Pleadings |
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Definition
A pleading can be changed to cure a defect in the original, to reflect new information acquired since the original, or to incorporate events that
occurred after the pleading was filed. |
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Term
| When permission is required for amendments to the pleadings |
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Definition
| FRCP 15(a) allows a party to amend its pleading once without obtaining permission, provided that the amendment is made before being served with a responsive pleading or within 20 days after serving the pleading if a responsive pleading is not allowed and the action isn't on the trial calendar. FRCP 15(b) says that a party can amend the pleading during or after trial with permission. |
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Term
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Definition
| Amendments relate back to the date that the original pleading was filed if the conduct, transaction, or occurrence set forth in the amendment was set forth or attempted to be set forth in the original pleading. Amendments also relate back if relation back is permitted by the law that provides the statute of limitations applicable to the action. FRCP 15(c) |
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Term
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Definition
| Relate to matters occurring after the date of the original pleadings. The permission of the court, upon motion, IS REQUIRED. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or a defense. FRCP 15(d) |
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Term
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Definition
| Multiple Ps and Ds- FRCP 20 allows multiple parties to join a P's in the action and allows the P or Ps to sue more than one D;Parties joining as Ps- Rule 20 provides, "all persons may join in one action as Ps if they assert any right to relief jointly, severally, or in the alternative in the respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. |
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Term
| Discovery- Disclosure Stage |
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Definition
FRCP 26(a)- Parties must disclose (without awaiting a request) only certain core information that elaborates on the pleaded facts. The
aim is to expedite the discovery process by making the parties voluntarily give information that is
discoverable anyways. |
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Term
| Discovery- Initial Disclosure |
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Definition
FRCP 26 (a)(1)(A)- Comprises of routine evidentiary and insurance matters, specifically: i. witnesses likely to have discoverable information that the disclosing party may use to support its claims or defenses; ii.documents or things that the disclosing party has in
its possession, custody, or control and may use to support its claims or defenses; iii. computation of claimed damages; iv. Insurance agreements that may cover all or part of the claimed damages. |
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Term
| Expert Witness Disclosures |
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Definition
FRCP 26 (a)(2)- The identity of any expert who may be called at trial must
be disclosed, along with a report which includes all of the opinions to be expressed and the underlying reasons
for those opinions, their qualifications, and their experience as an expert witness. |
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Term
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Definition
FRCP 26(f)- Requires a meeting of all parties to set forth a plan to follow in the discovery process which usually
includes dates and deadlines; Discovery generally cannot happen until after the conference is held under 26 (d)(1); FRCP 37(f)- Good faith required in discovery conference. |
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Term
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Definition
A party is under the duty to supplement disclosures if the party learns that in some material respect the information disclosed is incomplete or incorrect, unless the other party is aware of the
additional information. |
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Term
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Definition
| Provides the mechanism to compel disclosures. |
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Term
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Definition
| Provides an independent section for sanctions if a party unfairly does not disclose initial information. |
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Term
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Definition
| Sets out the general standard for determining whether information can be discovered. A party can discover information relating to "any matter, not privileged, that is relevant to the claim or defense of any party." |
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Term
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Definition
| The first step in determining whether information is discoverable is to determine whether it is relevant. FRCP 26(b)(1) |
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Term
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Definition
| Even if the information is relevant, information cannot be discovered if it is protected by a privilege. Common Privileges: Self-Incrimination, Attorney-client, Doctor-Patient, Priest-Penitent, and Spousal. |
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Term
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Definition
| Work products are discoverable if there is a showing of: 1- Substantial need, 2- Undue Hardship, 3- Lack of Substantial Equivalent |
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Term
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Definition
FRCP 26(c)(1)- used to
forbid the ability of
discovery on certain
matters that are alleged
to be undiscoverable. |
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Term
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Definition
FRCP 26(c)(2)- Courts can also
issue an order to compel discovery. |
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Term
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Definition
| FRCP 26(b)(5)-- State law governs issues of privilege. |
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Term
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Definition
FRCP 26 (a)(1)(A)- Comprised of routine evidentiary and insurance matters, specifically witnesses likely to
have discoverable information that the disclosing party may use to support its claims or defenses, documents or things that the disclosing pary has in its possession, custody, or control and may use to support its claims or defenses, computation of claimed damages, and insurance agreements that may cover all or part of the claimed damages. |
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Term
| Initial Disclosures-- Time |
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Definition
| Must be made within 14 days following the discovery conference. |
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Term
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Definition
Rules 26(a)(2) & (3)- Requires that you disclose experts (the identity of and a report which includes all of the opinions to be expressed and the reasons for the opinions along with
their qualifications and experiences as
an expert witness), Lay Witnesses, and Tangible evidence. |
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Term
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Definition
| Resemble Trial Questioning; the witness is placed under oath. One or more of the parties posses questions to the witness and the witness answers. These are the only ways information can be forced from nonparties during discovery. FRCP 30(a)(2) |
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Definition
| Written questions to another party that must be answered under oath. FRCP 33-- Only 25 questions; may only be used against the parties. |
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Term
| Inspection of Documents and Things |
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Definition
| FRCP 34- Allows one party to inspect documents and property in the possession of another. This can only be asserted against the parties. |
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Term
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Definition
| FRCP 36- allows a party to ask another party to admit certain matters. |
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Term
| Physical and Mental Examinations |
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Definition
| FRCP 35 makes it possible to force a party to submit to a physical or mental examination. |
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Term
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Definition
Established that the limited exception
for work product serves two purposes: 1- prevents one side from piggybacking on the work of another side by encouraging the other side to prepare its own case, and 2- minimize the number of situations in which the attorney will be called to witness. |
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Term
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Definition
| Most pending cases are resolved by settlement; FRCP 23(e) requires court approval before class actions are settled or dismissed. |
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Term
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Definition
| A party who fails to respond to a claim can be declared in default and may have a judgment rendered against it. Defaults are governed by Rule 55. |
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Term
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Definition
| Allows for an entry of default whenever a party fails to plead or otherwise defend against a claim. |
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Term
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Definition
| FRCP 41b- allows a court to order dismissal for two reasons: failure to prosecute and failure to comply with rules or court order. |
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Term
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Definition
| A P can dismiss his case voluntarily: by notice, by stipulation, or by court order. |
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Term
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Definition
| Rule 56- Must be made before the court looks at the evidence each side has; A party may seek SJ on all claims in the case, or a partial SJ on one or more specific claims. |
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Term
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Definition
| Rule 56(c)- provides that the court shall grant SJ if there is no genuine question of material fact and the movant is entitled to judgment as a matter of law. |
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Term
| Judgment as a Matter of Law |
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Definition
| FRCP 50- available before the case is submitted to the jury or after the jury returns with a verdict. Standard- No reasonable jury could find for the party opposing in the motion. |
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Term
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Definition
| Once a final judgment on the merits has been rendered on a particular cause of action, the claimant is barred by CP from asserting the same cause of action in a later suit. |
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Term
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Definition
| Efficiency and Consistency |
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Term
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Definition
| When D wins, the claimant is said to be barred by the earlier adverse judgment. |
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Term
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Definition
When the claimant wins the earlier lawsuit, the cause of action is said to
have been merged into the judgment. Claims that were not brought in the first action- CP also prevents a party who was a P in the first action from relitigating claims that were not brought in the first action but are factually related to claims presend in
that action. |
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Term
| A claim is said to be barred if... |
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Definition
| it was or should have been raised by a party who was a P in the prior action. |
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Term
| Two tests to determine if it is the same claim: |
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Definition
| Transactional Test and Cause of Action Test |
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Term
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Definition
| Majority- Most courts look to see if the two claims arise from the same transaction or occurrence or series of transactions or occurrences. |
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Definition
| All those causes of actions that were previously decided are barred from future litigation |
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Definition
| A judgment binds the P or D in subsequent actions on different causes of action between them as to issues actually litigated and essential to the judgment in the first action. This conclusive effect of the first judgment is called issue preclusion. IP focuses on something narrow, an issue that was litigated and determined in the first case, and that is relevant in the second case. |
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Term
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Definition
| IP applies in a case if: 1- the issue is involved in two actions, 2- that issue was actually litigated, 3- that issue was actually decided, and a ruling on the issue was necessary to the decision. |
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Term
| RJ and IP- Effect on Summary Judgment |
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Definition
Rules of Bar and IP apply in actions
brought for Sp. However, MERGER DOES NOT APPLY b/c such a judgment cannot be enforced by bringing a suit on the judgment. Thus, if the D fails to obey the first judgment, the claimant is permitted to sue again. |
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Term
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Definition
| Basically, FFC extends both IP and CP across state lines. Governing law of FFC- 28 USC 1738 A. |
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Term
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Definition
| FRCP 60(b) allows a party only 10 days to move to overturn or amend a judgment, and that time period cannot be extended. |
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Term
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Definition
Adding a claim to an existing claim: FRCP 18 allows a party who already has filed an original claim, counterclaim, cross-claim, or third-party claim against another to add any additional claims he may have against the party. Claims need not relate to the first;
FRCP 18 does not give federal courts JD
over the additional claims. JD must be
acquired under the JD statutes. |
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Term
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Definition
| FRCP 13(b) allows a D to bring any claim he has against the P, regardless of whether it is related in any way to the P's claim. |
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Term
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Definition
| If D has a claim that arises from the same transaction or occurrence as the P's claim, D must raise the claim in his responsive pleading, unless an exception exists. Exceptions 13a. |
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Term
| Claim- Same Transaction or occurrence |
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Definition
| Courts use two main tests to determine if two claims arise from the same transaction or occurrence: 1- logical relationship test & 2- Same Evidence Test. |
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Term
| Four Factors for indispensable party |
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Definition
| 1. Prejudice, 2.Framing the judgment, 3. Adequate Remedy, and 4. Result of Dismissal |
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Definition
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Definition
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Term
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Definition
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Term
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Definition
| Allows multiple parties to join a P's action and allows the P or Ps to sue more than one D. |
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Definition
| Rule 20 provides "all persons may join in one action as Ps if they assert any right to relief jointly, severally, or in the alternative in the respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arisin the the action. P's sue jointly when they share a right; P's sue severally when each individual has an individual right to recover. |
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Term
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Definition
Rule 19- A party should be joined if: 1- complete relief cannot be given to
existing parties in her absence, 2- Disposition on her absence may impair her ability to protect her interest in the controversy, or 3- her absence would expose existing parties to a substantial risk of double or inconsistent obligations. |
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Term
| When must compulsory party be joined |
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Definition
| Must be joined if feasible- When a compulsory party is amenable to process and her joinder will not destroy diversity or venue, she must be joined under FRCP 19. |
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Term
| When Joinder is NOT Feasible |
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Definition
| The court must decide whether the action can proceed in the party's absence or must be dismissed. The court must consider four factors: whether the judgment in the party's absence would prejudice her of the existing parties, whether the prejudice can be reduced in shaping the judgment, whether a judgment in the party's absence would be adequate, and whether the P will be deprived of an adequate remedy if the action is dismissed. |
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Term
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Definition
If any of the calims do not qualify for
either federal questions or diversity JD in its own right, a federal court may be able to exercise supplemental JD over the claim. 28 USC 1367 will apply if the claim arises from a common nucleus of operative fact as another
claim over which federal court has an
independent basis for JD. |
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Term
| Permissive Joinder Requirements |
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Definition
Parties may join as P or be joined as D whenever: 1- Some claim is made by each P and against each D relating to or arising out of the same series of the
occurrences or transactions, and 2-there is a question of fact or law common to all parties. |
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