Civil Procedure Flashcards
7 cards from real TX BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Civil Procedure flashcards as text
Under the Federal Rules of Civil Procedure, how many days does a defendant have to respond to a complaint after being served?
Answer: 21 days
FRCP Rule 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days after being served with the summons and complaint.
Under the pleading standard established in Twombly and Iqbal, what must a federal complaint contain to survive a Rule 12(b)(6) motion to dismiss?
Answer: Sufficient factual matter to state a claim for relief that is plausible on its face
Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly require a complaint to contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face.
Under the Texas Rules of Civil Procedure, what pleading standard applies to most civil petitions?
Answer: Fair notice pleading requiring the petition to give the opposing party fair notice of the claim and relief sought
Texas follows a fair notice pleading standard under TRCP 47, requiring only that the petition give the opposing party fair notice of the claim and the relief sought.
For federal diversity jurisdiction under 28 U.S.C. § 1332, the amount in controversy must exceed:
Answer: $75,000
Federal diversity jurisdiction requires that the matter in controversy exceed $75,000, exclusive of interest and costs, under 28 U.S.C. § 1332(a).
Which of the following is NOT a basis for subject matter jurisdiction in federal court?
Answer: Personal jurisdiction based on the defendant's contacts with the forum state
Personal jurisdiction governs a court's authority over the parties, not the type of dispute; it is not a form of subject matter jurisdiction.
Under the Erie doctrine, when must a federal court sitting in diversity apply state substantive law?
Answer: Always, on all issues of substantive law, because there is no federal general common law
Erie Railroad Co. v. Tompkins (1938) held that federal courts sitting in diversity must apply the substantive law of the state in which the court sits; there is no federal general common law.
Under Texas law, within how many days after a judgment is signed must a motion for new trial be filed?
Answer: 30 days
Texas Rule of Civil Procedure 329b(a) requires a motion for new trial to be filed within 30 days after the judgment or other order complained of is signed.