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
What is forum non conveniens?
Answer: A doctrine allowing a court to dismiss when another forum would be substantially more convenient
Forum non conveniens allows a court to dismiss or transfer when a more appropriate forum is available.
What is a class action waiver and where is it commonly found?
Answer: A contractual provision where parties agree not to participate in class actions
A class action waiver is a contract clause where parties agree to resolve disputes individually rather than through class action.
Under Rule 11, what obligation does an attorney have when signing a pleading?
Answer: The attorney certifies the pleading is not frivolous, has evidentiary support, and is not filed for an improper purpose
Rule 11 requires that by signing, an attorney certifies the pleading is not presented for improper purpose and legal contentions are warranted.
What is remittitur in civil litigation?
Answer: A court-ordered reduction of an excessive jury award
Remittitur is a process where a judge reduces an excessive jury award, giving the plaintiff the option to accept the reduction or face a new trial.
What is the Erie doctrine and why is it significant?
Answer: It requires federal courts in diversity to apply state substantive law and federal procedural law
The Erie doctrine requires federal courts exercising diversity jurisdiction to apply state substantive law while following federal procedural rules.
What is a mandatory disclosure under Rule 26(a)(1)?
Answer: An obligation to provide basic information about witnesses, documents, damages, and insurance without a discovery request
Rule 26(a)(1) requires parties to disclose witness identities, relevant documents, damage computations, and insurance agreements without awaiting a request.