Civil Procedure Flashcards
6 cards from real AL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Civil Procedure flashcards as text
A notice of removal from state to federal court must generally be filed within:
Answer: 30 days of service of the initial pleading
Under 28 U.S.C. § 1446(b), a defendant must file a notice of removal within 30 days of receiving the initial pleading through service.
Under FRCP 11, an attorney who signs a pleading certifies that to the best of their knowledge, after reasonable inquiry, the claims are:
Answer: Not frivolous, warranted by existing law or a nonfrivolous argument for its modification, and factually supported
FRCP 11 imposes an affirmative duty on attorneys to certify that claims are nonfrivolous legally and factually supported after reasonable inquiry.
The standard for granting a motion for judgment as a matter of law (JMOL) under FRCP 50 is whether:
Answer: A reasonable jury could not find for the non-moving party on the evidence presented
JMOL is granted when no reasonable jury could return a verdict for the non-movant based on the evidence, drawing all reasonable inferences in the non-movant's favor.
Under the doctrine of forum non conveniens, a court may dismiss an action when:
Answer: An adequate alternative forum exists and the balance of private and public interests strongly favors dismissal
Forum non conveniens dismissal requires an adequate alternative forum and that private and public interest factors strongly favor litigating elsewhere.
Supplemental jurisdiction under 28 U.S.C. § 1367 allows federal courts to hear state law claims that:
Answer: Form part of the same case or controversy as the claim conferring original federal jurisdiction
Section 1367 grants supplemental jurisdiction over state claims that form part of the same Article III case or controversy as the claim supporting original jurisdiction.
Under FRCP 4, service of process on an individual within the United States may be accomplished by:
Answer: Delivering a copy of the summons and complaint to the individual personally or following state law service methods
FRCP 4(e) permits service by personal delivery or by following the state law methods of the state where the district court sits or where service is made.