Civil Procedure Flashcards
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Read the first 7 Civil Procedure flashcards as text
Plaintiff moves for summary judgment under FRCP 56. The moving party bears the initial burden of showing what?
Answer: That there is no genuine dispute as to any material fact and movant is entitled to judgment as a matter of law
Under FRCP 56(a), summary judgment is proper when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.
At the close of plaintiff's evidence in a jury trial, defendant moves for judgment as a matter of law under FRCP 50(a). The court should grant the motion if:
Answer: A reasonable jury would not have a legally sufficient evidentiary basis to find for the plaintiff
Under FRCP 50(a), JMOL is granted when no reasonable jury could find for the non-movant based on the evidence presented.
The jury returns a verdict for plaintiff. Defendant did not move for JMOL under FRCP 50(a) during trial. Can defendant now move for renewed JMOL under FRCP 50(b) after the verdict?
Answer: No; a party must have moved for JMOL under Rule 50(a) during trial to renew under Rule 50(b)
FRCP 50(b) requires a prior Rule 50(a) motion during trial as a prerequisite; without it, the renewed JMOL motion is procedurally barred.
A plaintiff seeks a preliminary injunction to halt defendant's competing business. Which factor is NOT part of the traditional four-factor test?
Answer: That the defendant acted with fraudulent intent
The four-factor Winter test for preliminary injunctions does not include fraudulent intent; it requires likelihood of success, irreparable harm, balance of equities, and public interest.
A defendant fails to appear or respond to a complaint. The clerk enters default under FRCP 55(a). To obtain a default judgment for an unliquidated sum, plaintiff must next:
Answer: File a motion for default judgment with the court, which may hold a hearing to determine damages
When damages are unliquidated, FRCP 55(b)(2) requires application to the court, which may conduct a hearing to ascertain the amount of damages.
Under the final judgment rule, federal appellate courts generally have jurisdiction only over what type of orders?
Answer: Orders that end the litigation on the merits and leave nothing for the court to do but execute the judgment
28 U.S.C. § 1291 grants circuit courts jurisdiction over 'final decisions,' meaning orders that fully resolve the case with nothing remaining but enforcement.
A party moves for a new trial under FRCP 59, arguing the jury verdict is against the great weight of the evidence. Unlike JMOL, the court on a new trial motion may:
Answer: Weigh the evidence and assess witness credibility to determine if the verdict is seriously erroneous
On a new trial motion, unlike JMOL, the court may weigh the evidence and assess credibility, granting a new trial if the verdict is against the great weight of the evidence.
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