Civil Procedure & Litigation Flashcards
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Read the first 7 Civil Procedure & Litigation flashcards as text
Which document formally starts a federal civil lawsuit?
Answer: Complaint
A civil action begins when the plaintiff files a complaint with the court.
Under the Federal Rules, how long does a defendant generally have to answer after being served with the summons and complaint?
Answer: 21 days
Rule 12(a) generally gives 21 days after service to file an answer.
Which is a basis for federal subject-matter jurisdiction?
Answer: Diversity of citizenship with more than $75,000 in controversy
Federal courts hear federal-question cases and diversity cases above $75,000.
Personal jurisdiction refers to a court's power over what?
Answer: The defendant
Personal jurisdiction is authority over the parties, typically tied to minimum contacts with the forum.
What is the purpose of a statute of limitations?
Answer: To set the deadline for filing a claim
A statute of limitations bars claims filed after the prescribed time period.
Summary judgment is appropriate when:
Answer: There is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law
Rule 56 permits judgment without trial when no material facts are genuinely disputed.
What is the usual burden of proof in a civil case?
Answer: Preponderance of the evidence
Most civil claims require proof that the claim is more likely true than not.
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