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10 Cards in this Set
- Front
- Back
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What do you need to establish federal jurisdiction?
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-Subject matter jurisdiction(diversity/federal question)
-Personal jurisdiction over each D (in personam or quasi in rem) -D served adequately -Venue -D received adequate notice and opportunity to be heard |
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What do you need for federal subject matter jurisdiction?
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Diversity or federal question
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What are the purposes of the complaint?
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-Notice to defendant
-Notice to the court -Facilitate decision on the merits |
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What happens if the defendant receives a complaint and they really have no idea what’s going on?
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-FRCP Rule 12(e)
-He can file a motion for a more definite statement |
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Rule 12(e)
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Motion for a more definite statement
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Rule 8(a)(1)
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Pleading for a claim for relief (claim, counterclaim, cross-claim, etc.) shall contain a short statement on grounds for court's jurisdiction and short statement showing pleader is entitled to relief and demand for judgment for the relief the pleader seeks
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Rule 10
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Set up of pleadings
(a) caption - names of parties (b) paragraphs - separate statements |
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Are there any drawbacks to giving too much detail in the complaint?
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-If some your details are wrong or harmful, you might get your case dismissed
-You may give away some of your strategies or weaknesses to your opponent |
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When is it acceptable to put contradictory allegations in a complaint?
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-If the Plaintiff is genuinely unsure of what happened
-It has to be reasonable |
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Rule 11
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-Court may sanction lawyers or parties responsible for violation – 11(c)
-allegations are warranted by existing law or legitimate argument for extension of the law - 11(b)(2) -allegations must have evidentiary support - 11(b)(3) -Court has discretion – it may impose sanctions -Alleged violator has 21 days to withdraw or correct the challenged pleading -Court may impose sanctions on its own initiative with show cause opportunity - 11(c)(1)(b) |
