Explore tens of thousands of sets crafted by our community.
Federal vs. State Civil Procedure
6
Flashcards
0/6
Discovery Procedures
Federal discovery procedures are governed by the Federal Rules of Civil Procedure which can differ significantly from state procedures, often being more extensive and uniform across states.
Summary Judgment Standards
Federal courts adhere strictly to the Celotex standard for summary judgment, requiring that there be no genuine dispute of material fact, whereas state standards may vary and potentially be less stringent.
Res Judicata (Claim Preclusion)
Federal courts have a specific standard for res judicata, which might not align with state standards that vary, sometimes applying more broadly or narrowly.
Subject Matter Jurisdiction
Federal courts have limited jurisdiction (federal questions, diversity of citizenship), whereas state courts have general jurisdiction and can hear almost any civil case.
Jury Selection
Federal courts follow the Federal Rules of Civil Procedure for voir dire, which can be different from state-specific practices that vary considerably from state to state.
Pleading Standards
Federal courts often require a higher pleading standard (plausibility standard) due to Twombly and Iqbal decisions, whereas many state courts still use the more lenient notice pleading.
© Hypatia.Tech. 2024 All rights reserved.