Podcast
Questions and Answers
What is the American Rule regarding attorney's fees?
What is the American Rule regarding attorney's fees?
- One party pays for all attorney's fees
- Attorney's fees are covered by the state
- Each party must pay their own attorney's fees (correct)
- The courts determine who pays the fees
Congress has the power to create inferior courts.
Congress has the power to create inferior courts.
True (A)
What section of Article III grants judicial power to the Supreme Court?
What section of Article III grants judicial power to the Supreme Court?
Article III, Section I
Under which U.S. Code does the Supreme Court have the power to write rules for FRCP?
Under which U.S. Code does the Supreme Court have the power to write rules for FRCP?
The Chief Justice appoints the Advisory Committee.
The Chief Justice appoints the Advisory Committee.
The Supreme Court has the power to prescribe general rules of practice and procedure in accordance with _____ Code.
The Supreme Court has the power to prescribe general rules of practice and procedure in accordance with _____ Code.
Study Notes
Origins of Court Authority
- The American Rule mandates that each party bears their own attorney's fees.
- The U.S. Constitution grants Congress the authority to establish inferior courts and legislative power.
- Article I, Section 8 empowers Congress to create tribunals inferior to the Supreme Court and laws deemed necessary and proper.
- Article III, Section 1 delegates judicial power to the Supreme Court and any inferior courts Congress may establish.
- The Supreme Court derives its rule-making power from 28 USC 2072, allowing it to prescribe general rules for practice and procedure in district courts and courts of appeal.
- An advisory committee, appointed by the Supreme Court through the Chief Justice, proposes Federal Rules of Civil Procedure (FRCP) for approval and subsequent adoption by Congress.
Pleadings & Motions
- Civil actions begin with the proper initiation of legal documents and motions in court.
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Description
This quiz explores the origins of court authority and civil procedure, focusing on the American legal system. It covers constitutional provisions and the framework for initiating civil actions through pleadings and motions. Test your knowledge of the powers granted by the U.S. Constitution and the rules established for legal proceedings.
