Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

34 Cards in this Set

  • Front
  • Back
Rule 4

served w/complaint
Rule 4(k)
territorial limits of service
Rule 8
Rules 26-37
Rule 12
Defenses and Objections to Pleadings

must file all these motions together & with or before answer (exception subject matter)
Rule 12(b)(2) & Rule 12(b)(5)
lack of personal jurisdiction
Rule 12(b)(3)
lack of subject matter jurisdiction

--can raise at anytime
Rule 12(b)(6)
failure to state a claim

Assume true, draw all reason inferences. Has a case been made?
Rule 56
Summary Judgment

happens at the end of discovery

Standard: no genuine issue of material fact (ie no facts disputed, just need to rule on law)
Rule 50(a)
judgment as a matter of law

made before going to the jury

Standard: no reasonable jury could find one way or the other (highest standard)
Rule 50(b)
renewed motion for judgment as a matter of law

made post verdict
Rule 59
motion for a new trial
tell plaintiff that if don’t agree to a lower settlement, will send back for new trial
Rule 13
counter-claim and cross-claim
Rule 52(a)
bench trial findings by the court
28 U.S.C. §1331
arising under jurisdiction
28 U.S.C. §1332
diversity jurisdiction

(must be maximum)
28 U.S.C. §1441
Removal (actions which may be)
28 USC §1291
can only appeal from final judgments
28 U.S.C. §1446
procedural for removal
28 U.S.C. §1257
final judgments of state courts may be reviewed by Supreme Court by cert petition
Article III
Section 2: judicial power

jurisdiction of federal courts
Rule 12(g)
Consolidation of Defenses in Motion

"if party makes a motion under this rule but omits therefrom any defense or objection then available to the party which this rule permits to be raised by motion, the party shall NOT thereafter make a motion based on the defense or objection so omitted, except a motion as provided in subsection (h)(2) hereof on any of the grounds stated"
Rule 12(h)
waiver or preservation of certain defenses
Rule 11
All pleadings must be signed, doing so "is certifying that to the best of a person's knowledge, information, and beleif, formed after an inquiry reasonable under the circumstances" these 4 things are true (specifies).

sanctions may be imposed if this is violated
Rule 45
Subpoena (form of, service of etc)
Rule 39
Trial by Jury or Court
Rule 38
Right to Jury Trial, as under 7th Amendment

(either party may demand)
7th Amendment
"In suits at common law, where the value in controversy shall exceed 20 dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otehrwise reexamined in any Court of the United States, than according to the rules of the common law"
Rule 47
Selection of Jurors
Rule 48
Number of Jurors

(6-12; unless stipulate unanimous)
Rule 49
Special Verdicts and Interrogatories
a) special verdict form (answer written questions)
b)general verdict w/answers to interogatories. explains what to do if those are consistant or not
Rule 51
Jury Instructions
28 U.S.C. § 1292
Interlocatory appeals -- few examples of when can have