E supreme court 31 federal rules of civil procedure

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e) Supreme Court 31) Federal Rules of Civil Procedure – rules for filing suit in federal court a) Standing – the legal right to bring suit b) Injury in fact – must have a legally recognized injury c) Pleadings – documents parties file in connection with their lawsuit d) Plaintiff – person who files the suit d.i)Complaint – sets the basis for the lawsuit e) Defendant – person being sued e.i) Summons – copy of the complain, their notice that a lawsuit has been filed against them e.ii) Answer – response to the complaint, (e.ii.1) In the answer the defendant must admit or deny allegations e.iii) Affirmative defenses – defenses that prevent the plaintiff from holding the defendant liable e.iv) Counterclaims – claims the defendant has against the plaintiff e.v) Motion – request for the court to take action e.vi) Demurrer – motion to dismiss the case because the plaintiffs complaint does not establish a legal basis for remedy against the defendant (e.vi.1) Rule 12(b) – Federal Rule allows a defendant to make motion to dismiss based on: (e.vi.1.a) lack of subject matter jurisdiction (e.vi.1.b) lack of person jurisdiction (e.vi.1.c) lack of venue (e.vi.1.d) failure to join necessary parties (e.vi.1.e) lack of process (e.vi.1.f) lack of service of process
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BUSINESS LAW - CLEP (e.vi.2) Rule 12(b) motion - All of the above (except (a)) – must be made at the first opportunity or they will be deemed waived e.vii) Other Pre-Trial Motions – (e.vii.1) Motion to strike – take out certain matters (e.vii.2) Motion for a more definitive statement – when the pleadings are vague and ambiguous f) Motion of Summary Judgment – at any time either party can file f.i) A judge will grant this motion if (f.i.1) There is no genuine issue of material fact (f.i.2) One arty is entitled to prevail in the case as a matter of law g) Discovery – before trial occurs, each party gains information concerning the other party and their witnesses g.i)Disposition – a method of discovery- one party has the opportunity to ask questions of the other party g.ii) Pre-trial investigations, g.iii) Interrogatories – written responses to questions from the opposing party request for admission 32) Civil Jury Trial a) Petit jury – the jury that hears evidence at trial a.i) Consists of 12 members a.ii) Judge rules on evidence a.iii) Judge guides the jury on questions of law and proper rules of procedure (a.iii.1) Jury Selection - is the first step of jury trial (a.iii.1.a) Questioned first by the plaintiff’s attorney then by the defendants attorney (a.iii.1.b) Biased jurors are removed from the panel (a.iii.2) Peremptory Challenge (a.iii.2.a) When a juror is released by one party but the other party rejects their dismissal without giving a reason b) The Civil Trial b.i)Plaintiff must - Burden of proof – plaintiff has the obligation to establish claim (b.i.1) Opening Statement – plaintiff’s attorney goes first then defendants attorney, both state what they plan to prove (b.i.2) Direct Examination – when an attorney questions a witness HE
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