Legal Civil Procedure & Litigation 5

Question 1

Summary judgment under Rule 56(a) is proper when the movant shows:

Accepted Answer

There is no genuine dispute as to any material fact and it is entitled to judgment as a matter of law

Answer

Rule 56(a) requires no genuine dispute of material fact plus entitlement to judgment as a matter of law.

Question 2

To file a renewed motion for judgment as a matter of law under Rule 50(b), a party must have:

Accepted Answer

Moved for JMOL under Rule 50(a) before the case was submitted to the jury

Answer

A Rule 50(b) motion renews a pre-verdict Rule 50(a) motion and cannot raise new grounds.

Question 3

A motion for a new trial under Rule 59 must be filed no later than:

Accepted Answer

28 days after entry of judgment

Answer

Rule 59(b) sets a 28-day deadline after entry of judgment.

Question 4

A Rule 60(b)(1) motion for relief from judgment based on mistake or excusable neglect must be made:

Accepted Answer

Within a reasonable time and no more than one year after judgment

Answer

Rule 60(c)(1) caps motions under 60(b)(1)-(3) at one year.

Question 5

Claim preclusion (res judicata) generally requires all of the following EXCEPT:

Accepted Answer

That the issue was actually litigated

Answer

Actual litigation is an element of issue preclusion; claim preclusion bars claims that could have been brought.

Legal - Attorneys Practice Test