Civil Procedure and Litigation Flashcards
6 cards from real CP 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 and Litigation flashcards as text
Under the Federal Rules of Civil Procedure, what is the time limit for a defendant to file an answer after being served?
Answer: 21 days
Under Rule 12(a)(1)(A), a defendant must serve an answer within 21 days after being served with the summons and complaint.
What is the doctrine of collateral estoppel?
Answer: Prevention of relitigating an issue that was actually decided in a prior proceeding
Collateral estoppel prevents relitigating specific issues that were actually litigated and determined in a prior action.
What is an interlocutory appeal?
Answer: An appeal of a non-final order during ongoing litigation
An interlocutory appeal is taken before the final judgment, addressing important legal issues that cannot wait.
What is supplemental jurisdiction in federal court?
Answer: The power of a federal court to hear state law claims related to federal claims in the same case
Supplemental jurisdiction allows federal courts to decide state law claims so related to federal claims that they form part of the same case or controversy.
In federal court, what is a Rule 26(f) conference?
Answer: A mandatory meeting between parties to discuss discovery and develop a discovery plan
A Rule 26(f) conference requires parties to meet and develop a proposed discovery plan before the scheduling conference.
What is a writ of execution?
Answer: A court order directing enforcement of a money judgment through seizure of property
A writ of execution is a post-judgment remedy authorizing seizure of the judgment debtor's property to satisfy a money judgment.