AMERICAN CIVIL PROCEDURE QUESTIONS
AND ANSWERS FOR EXAMINATION GUIDE,
2024
1. What are the sources of Federal Civil Procedure?
1. U.S. Constitution
2. Federal Statutes
3. Federal Rules of Civil Procedure (FRCP)
4. Federal Case Law
2. How many circuits are in the federal court system? Eleven
(not including Washington D.C.)
3. What is Article 3 judges? Under Article 3 of the Constitution, they
are federal judges appointed by the POTUS.
4. What is a magistrate judge? These judges work alongside
Article 3 judges. They do not have Article 3 power to decide cases.
Article 3 judges gather and select their magistrate judges.
They conduct a lot of preliminary/discovery-related work.
In some cases, the parties may consent to have the magistrate
judge who is assigned to their case make the decisions an Article 3
judge would make related to their matter.
5. What are two ways to go through the appeals process? 1 .
Appeals are made in front of a three-judge panel. Presenters may
also elect to go "en banc," meaning they present in front of either a)
all judges in a district on the panel or b) more judges than three if
the district is very large (it is impractical to have all judges sit on a
matter if the district is large).
2. Appeals can be heard in front of the U.S. Supreme Court.
6. What is the difference between senior judges and active
judges? When a ninth circuit judge reaches a certain age and a
certain amount of years in service, they can achieve senior service
status--meaning the judge has the choice to work less and have
, AMERICAN CIVIL PROCEDURE QUESTIONS
AND ANSWERS FOR EXAMINATION GUIDE,
2024
more control over their docket. They can still work, but their slot is
available for a new judge to be appointed.
Active judges are ones who fill a slot in the ninth circuit.
7. What is "sitting by designation?": Federal judges can sit in
courts which they are not members of. This is done to help the
workload. Supreme Court justices often do this when they retire.
8. Motion of Summary Judgement: One party submits for the
judge to make a decision on the case based on information obtained
during discovery--essentially, they argue that they have a slam dunk
case and a trial isn't necessary.
9. What is Personal Jurisdiction? A rule that must be followed in order
for a binding judgement against a defendant to occur. It describes the
authority of a court in the state where the lawsuit is filed to exercise
power over a person, entity, or property and enter lawful judgement.
10. What is the default rule in state court? Federal court? State
courts can hear any time of claim, , unless a rule, statute, or decision
states otherwise.
Federal courts cannot hear any claim, unless a rule, statute, or
decision states otherwise.
1 1. Describe the statutory and constitutional steps that must be
taken before filing a federal civil suit (Determining whether there
is personal jurisdiction).: Look at FRCP 4 (k) (1) (A)
12. What are Long Arm statutes? These statutes allow for a state court
to exercise jurisdiction over defendants who reside in other states.
They can be general or specific. Cannot override the Constitution.
13. What is the significance of International Shoe v. State of
Washington? -
AND ANSWERS FOR EXAMINATION GUIDE,
2024
1. What are the sources of Federal Civil Procedure?
1. U.S. Constitution
2. Federal Statutes
3. Federal Rules of Civil Procedure (FRCP)
4. Federal Case Law
2. How many circuits are in the federal court system? Eleven
(not including Washington D.C.)
3. What is Article 3 judges? Under Article 3 of the Constitution, they
are federal judges appointed by the POTUS.
4. What is a magistrate judge? These judges work alongside
Article 3 judges. They do not have Article 3 power to decide cases.
Article 3 judges gather and select their magistrate judges.
They conduct a lot of preliminary/discovery-related work.
In some cases, the parties may consent to have the magistrate
judge who is assigned to their case make the decisions an Article 3
judge would make related to their matter.
5. What are two ways to go through the appeals process? 1 .
Appeals are made in front of a three-judge panel. Presenters may
also elect to go "en banc," meaning they present in front of either a)
all judges in a district on the panel or b) more judges than three if
the district is very large (it is impractical to have all judges sit on a
matter if the district is large).
2. Appeals can be heard in front of the U.S. Supreme Court.
6. What is the difference between senior judges and active
judges? When a ninth circuit judge reaches a certain age and a
certain amount of years in service, they can achieve senior service
status--meaning the judge has the choice to work less and have
, AMERICAN CIVIL PROCEDURE QUESTIONS
AND ANSWERS FOR EXAMINATION GUIDE,
2024
more control over their docket. They can still work, but their slot is
available for a new judge to be appointed.
Active judges are ones who fill a slot in the ninth circuit.
7. What is "sitting by designation?": Federal judges can sit in
courts which they are not members of. This is done to help the
workload. Supreme Court justices often do this when they retire.
8. Motion of Summary Judgement: One party submits for the
judge to make a decision on the case based on information obtained
during discovery--essentially, they argue that they have a slam dunk
case and a trial isn't necessary.
9. What is Personal Jurisdiction? A rule that must be followed in order
for a binding judgement against a defendant to occur. It describes the
authority of a court in the state where the lawsuit is filed to exercise
power over a person, entity, or property and enter lawful judgement.
10. What is the default rule in state court? Federal court? State
courts can hear any time of claim, , unless a rule, statute, or decision
states otherwise.
Federal courts cannot hear any claim, unless a rule, statute, or
decision states otherwise.
1 1. Describe the statutory and constitutional steps that must be
taken before filing a federal civil suit (Determining whether there
is personal jurisdiction).: Look at FRCP 4 (k) (1) (A)
12. What are Long Arm statutes? These statutes allow for a state court
to exercise jurisdiction over defendants who reside in other states.
They can be general or specific. Cannot override the Constitution.
13. What is the significance of International Shoe v. State of
Washington? -
