Logo
Pattern

Discover published sets by community

Explore tens of thousands of sets crafted by our community.

Federal vs. State Civil Procedure

6

Flashcards

0/6

Still learning
StarStarStarStar

Discovery Procedures

StarStarStarStar

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.

StarStarStarStar

Summary Judgment Standards

StarStarStarStar

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.

StarStarStarStar

Res Judicata (Claim Preclusion)

StarStarStarStar

Federal courts have a specific standard for res judicata, which might not align with state standards that vary, sometimes applying more broadly or narrowly.

StarStarStarStar

Subject Matter Jurisdiction

StarStarStarStar

Federal courts have limited jurisdiction (federal questions, diversity of citizenship), whereas state courts have general jurisdiction and can hear almost any civil case.

StarStarStarStar

Jury Selection

StarStarStarStar

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.

StarStarStarStar

Pleading Standards

StarStarStarStar

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.

Know
0
Still learning
Click to flip
Know
0
Logo

© Hypatia.Tech. 2024 All rights reserved.