Civil Procedure

Question 1

Supplemental (pendent) Jurisdiction

Answer 1

When jurisdiction is based on a federal question claim, a nonfederal claim may be added if its a proper supplemental claim (i.e. derived from a common nucleus of operative fact) as the federal claim

Question 2

Once a case is removed to federal court, can P file a NOM to have the case remanded back to state court?

Answer 2

Yes. Once the case is removed to federal court, P can file NOM to have the case remanded to state court.

Question 3

JMOL

Answer 3

In a trial where there’s no jury, a judge may enter JMOL where there are sufficient facts to resolve an issue against a party and the nonmoving party has been fully heard

Question 4

Summary Judgment

Answer 4

Grant when there is no genuine dispute of material fact

Question 5

New Trials

Answer 5

Only ordered under certain circumstances (i.e. error during trial, (admissibility of evidence or the propriety of the instructions), b/c the verdict is against the weight of the evidence (judge finds verdict seriously erroneous), juror misconduct, or b/c the verdict is excessive or inadequate

Question 6

Amount in Controversy for Aggregated Claims

Answer 6

The AIC requirement can be satisfied when a single P aggregates unrelated claims agains a single D.