Civil Procedure Flashcards
6 cards from real AZ 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
Under the Federal Rules of Civil Procedure, a complaint must contain:
Answer: A short and plain statement showing the pleader is entitled to relief
FRCP 8(a) requires only a short and plain statement of the claim showing entitlement to relief, subject to the plausibility standard from Twombly and Iqbal.
Federal diversity jurisdiction requires:
Answer: Complete diversity of citizenship and an amount in controversy exceeding $75,000
28 U.S.C. § 1332 requires complete diversity (no plaintiff and defendant share citizenship) and an amount in controversy exceeding $75,000.
Under the Erie doctrine, a federal court sitting in diversity must apply:
Answer: State substantive law and federal procedural law
Erie Railroad Co. v. Tompkins requires federal courts in diversity cases to apply state substantive law while following federal procedural rules.
Personal jurisdiction over a non-resident defendant is constitutional only if the defendant has:
Answer: Minimum contacts with the forum state such that jurisdiction does not offend traditional notions of fair play and substantial justice
International Shoe Co. v. Washington established the minimum contacts test for constitutionally valid personal jurisdiction.
A motion for summary judgment should be granted when:
Answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law
FRCP 56 permits summary judgment only when there is no genuine dispute about any material fact and the moving party deserves judgment as a matter of law.
In Arizona state courts, venue is generally proper in the county where:
Answer: The defendants reside or where the cause of action arose
Arizona venue rules generally allow suit in the county where any defendant resides or where the claim or cause of action arose.