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
Reading...
Front

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

image

Play button

image

Play button

image

Progress

1/85

Click to flip

85 Cards in this Set

  • Front
  • Back
Rule 1
Purpose and Scope of rules
Rule 2
One form of action known as civil action
Rule 7
Pleadings Allowed; Form of Motions
Rule 7(a)
Pleadings; complaint and answer; reply to counterclaim
Rule 7(b)
Motions and other paoers; made in writing
Rule 8
General Rules of Pleading
Rule 8(a)
Claims for relief;
(1) jurisdiction
(2) statement of claim
(3)demand for judgment
Rule 8(b)
Defense; Form of Denials
Rule 8(c)
Affirmative Defenses
Rule 9
Pleading Special Matters
Rule 9(b)
particularity for fraud or mistake
Rule 10
Form of Pleadings
Rule 10(a)
Caption; Name of parties, title of the action, file number and a designation (complaint)
Rule 10(b)
Paragraphs; Separate statements
Rule 11
Signing of Pleading, Motions and Other papers;
(a) requires signature
(b) representation to the court; no harass
(c) sanctions; made by motion or on court's initiative
Rule 12
Defenses and Objections
Rule 12(a)
When presented; 20 days or 60 if service waived under 4(d)
Rule 12(b)
How presented; by repsonsive pleading
Rule 12(b)(1)
lack of Subject Matter Jurisdiction; Most favored, can be brought up at any time
Rule 12(b)(2)
Lack of JOP;least favored
Rule 12(b)(4)
Insufficiency of Process
Rule 12(b)(5)
Insufficiency of Service of process
Rule 12(b)(6)
Failure to state a claim upon which relief can be granted
Rule 12(b)(7)
Failure to join a party under Rule 19.
Rule 12(c)
Motion for Judgment on the Pleadings
Rule 12(d)
Preliminary Hearings
Rule 12(e)
Motion for more definite statement
Rule 12(f)
Motion to strike; for pleading an insufficient defense, redundant, immaterial or scandalous
Rule 12(g)
Consolidation of Defenses in Motion
12(h)
Waiver;
(1) lack of JOP, improper venue, insufficiency of process and insufficiency is waived if not in first motion
Rule 13
Counterclaim and Cross-Claim
Rule 13(a)Compulsory Counterclaim
-related to main action
-if not raised, waived
-res judicata
-cannot be part of pending litigation
Rule 13(b)Permisive COunterclaim
not related to main action; not recognized in MD
Rule 13(g)
Cross-Claim against a Co-party
Rule 13(h)
Joinder of additional parties
Rule 14
Third-Party Practice
Rule 14(a)
When defendant may bring in 3rd party
Rule 14(b)
When Plaintiff may bring in 3rd party
Rule 15
Amended and Supplemental Pleadings
RUle 15(a)
Amendments
Rule 12(b)(4)
Insufficiency of Process
Rule 12(b)(5)
Insufficiency of Service of process
Rule 12(b)(6)
Failure to state a claim upon which relief can be granted
Rule 12(b)(7)
Failure to join a party under Rule 19.
Rule 12(c)
Motion for Judgment on the Pleadings
Rule 12(d)
Preliminary Hearings
Rule 12(e)
Motion for more definite statement
Rule 12(f)
Motion to strike; for pleading an insufficient defense, redundant, immaterial or scandalous
Rule 12(g)
Consolidation of Defenses in Motion
12(h)
Waiver;
(1) lack of JOP, improper venue, insufficiency of process and insufficiency is waived if not in first motion
Rule 13
Counterclaim and Cross-claim
Rule 13(a)
Compulsory counterclaims
Rule 13(b)
Permissive counterclaims
Rule 13(g)
Cross-claim against a co-party
Rule 14
Third party practice
(a)when defendant can bring
(b)when plaintiff can bring
Rule 15
Amended and Supplemental Pleadings
Rule 15(a)
Amendments
Rule 15(b)
Conform to the evidence
Rule 15(c)
Relation back
Rule 15(d)
Supplemental Pleadings
Rule 17
Parties plaintiff and defendant; capacity;
(a) real party interest
(b) capacity to sue or be sued
(c)Infants or incompetents
Rule 18
Joinder of Claims and Remedies
Rule 19
Joinder of persons needed for just adjudication
Rule 20
Permissive Joinder of Parties
(a)permissive
(b)Separate trials
Rule 21
Misjoinder and Nonjoinder of parties
Rule 22
Interpleader
Rule 23
Class Action
Rule 23(a)
Must have;
Commonality
Adequecy
Numerosity
Typicality
Rule 23(b)
Class actions maintainable
Rule 23(c)
Certification
Rule 23.1
Derivative actions by shareholders
Rule 24
Intervention
Rule 24(a)
Intervention of Right
Rule 24(b)
Permissive Intervention
Rule 38
Right to jury trial
Rule 42
Consolidation; separate trials
Rule 55
Default
Rule 56
Summary Judgment
Rule 57
Declaratory Judgments
Sec. 2201
Rule 64
Seizure-Fuentes was writ of replevin
Rule 65
Injunctions
(a) Preliminary Injunction
(b)TRO (10 days)
1920
Costs; typically no attorney fees (1988 provides for civil rights fees)
2202
Provides further relief
Rule 13(a) Compulsory Counterclaim (D v. P)
-related to main action
-if not raised waived
-res judicata prevents from being brought again
-cannot be subject of pending litigation
Rule 13(b) Permissive Counterclaim
-not related to main action
-not recognized in MD