Civil-Procedure-Questions.doc - Civil Procedure Questions The ability of a Court to hear a case is discussed in the first section 1 What are the three

Civil-Procedure-Questions.doc - Civil Procedure Questions...

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Civil Procedure Questions Civil Procedure Questions The ability of a Court to hear a case is discussed in the first section . 1. What are the three main topics covered in this section? A.________________________ B.__________________________ B.__________________________ C.__________________________ C.__________________________ 2. What must always be established in order to enter suit? 2. What must always be established in order to enter suit? ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _________________________________ _________________________________ 3. What is SUBJECT MATTER JURISDICTION? _________________________ 3. What is SUBJECT MATTER JURISDICTION? _________________________ ______ ______________________________________________________________ ______ ______________________________________________________________ 4. The power of a court to hear controversies derives from the ________________ and _______________________________________. 5. The lack of subject matter jurisdiction can be raised as a defense by __________ ________________________ during the proceedings. 6. CONCURRENT JURISDICTION m 6. CONCURRENT JURISDICTION means an action can be brought in _______ ________________________________________. 7. EXCLUSIVE JURISDICTION m EXCLUSIVE JURISDICTION means an action must be brought in either _______________________ or _______________________________. 8. FEDERAL COURTS 8. FEDERAL COURTS have Subject Matter Jurisdiction of all civil actions arising under the Constitution and laws or treaties of the United States regardless ____________________________________________. 9. In Diversity Jurisdiction cases 9. In Diversity Jurisdiction cases Federal Courts have jurisdiction over controversies involving State law if there is ____________________________ between the Defendant(s) and Plaintiff(s) and the claim is _____________________________________. 10. In order to establish diversity jurisdiction _______________________ can be from the same state as _______________________ and the claim must be ____ ______________________________. Corporations are citizens of both their state of incorporation and principal place of business. 11. For civil actions arising under the Constitution and laws or treaties of the United States there is no need to meet the ________________________________________ as in diversity jurisdiction cases. 1
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12. Some controversies are generally reserved for State Court resolution. For example________________________________ are brought in the State Court. 13. The Court must have jurisdiction to hear the case or the any judgment it renders is ___________. 14. _______________________________________ p 14. _______________________________________ provides jurisdiction over other claims that arise from the same set of operative facts as the principal claim asserted in Federal Court. _____________________________________ replaces the concepts of ancillary and pendant jurisdiction. 15. REMOVAL JURISDICTION p 15. REMOVAL JURISDICTION provides the Defendant the right to remove any action from _________________to_______________________ if the action could have otherwise been brought in Federal Court unless the basis for removal is diversity jurisdiction and in that case, the Defendant can not be from that state. 16._____________________________________________ is t 16._____________________________________________ is the power of the court to bind the Defendant to any judgment it renders. ______________________________ is waiveable and can be conferred by consent of the Defendant. The Defendant confers __________________________ upon the court by failing to ____________ ___________________________________. 17. Personal jurisdiction 17. Personal jurisdiction is obtained by establishing the Defendant’s __________ __________________________ within the jurisdiction such that the court’s exercise of jurisdiction is reasonable. 18. Entry of a product into the stream of commerce ________________________ _____________________ personal jurisdiction. 19. An individual who is personally served within the state with process ______________ subject to that state’s court’s exercise of personal jurisdiction.
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