Civil Procedure Flashcards

Under FRCP 12(b)(6), a motion to dismiss tests whether:

Answer: The complaint states a claim upon which relief can be granted

A Rule 12(b)(6) motion challenges the legal sufficiency of the complaint, asking whether it states a plausible claim for relief.

The work-product doctrine protects from discovery:

Answer: Documents and tangible things prepared in anticipation of litigation by or for a party or its representative

FRCP 26(b)(3) protects documents and tangible things prepared in anticipation of litigation by or for a party or its attorney, subject to a showing of substantial need.

Claim preclusion (res judicata) bars re-litigation of a claim when:

Answer: There is a final judgment on the merits between the same parties on the same claim or cause of action

Res judicata requires a final judgment on the merits, the same parties or those in privity, and the same claim or cause of action arising from the same transaction.

Under the Federal Rules, a party may amend its pleading as a matter of course within:

Answer: 21 days after serving the pleading or within 21 days after service of a responsive pleading or motion under Rule 12(b), (e), or (f)

FRCP 15(a)(1) allows amendment as of right within 21 days after serving the pleading or within 21 days of a responsive pleading or certain Rule 12 motions.

Supplemental jurisdiction under 28 U.S.C. § 1367 allows a federal court to hear state law claims that:

Answer: Form part of the same case or controversy as the federal claim over which the court has original jurisdiction

Section 1367 grants federal courts supplemental jurisdiction over state claims that share a common nucleus of operative fact with the federal claim.

A default judgment may be entered against a defendant who has:

Answer: Failed to plead or otherwise defend against the complaint within the time allowed

FRCP 55 authorizes entry of default and, subsequently, a default judgment when a defendant fails to plead or otherwise defend within the required time.