Civil Procedure Flashcards
(65 cards)
What law generally applies to procedural issues in federal court under diversity or supplemental jurisdiction?
Federal law
This includes the Federal Rules of Evidence or Civil Procedure, class action procedures, and the right to a jury trial.
What law generally applies to substantive issues in federal court under diversity or supplemental jurisdiction?
State law
This includes the burden of proof, statute of limitations, caps on damages, and elements of claims.
What is federal common law applied to?
Federal common law is applied where Congress has given courts the power to develop law or where a federal rule is necessary and state law would frustrate federal objectives
Examples include bankruptcy law, admiralty, and civil rights.
What does the Klaxon doctrine state?
A federal court sitting in diversity must apply the choice of law approach prevailing in the state where it sits.
According to the Seventh Amendment, what must a jury pool represent?
A cross section of the community.
What is the time frame for a party to demand a jury trial?
No later than 14 days after the last pleading directed to the issue is served.
What is the minimum and maximum number of members in a jury?
At least six and no more than 12 members.
What is required for a jury verdict unless parties agree otherwise?
The verdict must be unanimous.
What must a party do to object to jury instructions?
Object in a timely manner, on the record, stating the matter objected to and the grounds.
What is the standard for a directed verdict?
If there is no substantial evidence to support a verdict for the nonmoving party.
What must a party show to renew a JMOL motion?
The evidence is insufficient as a matter of law to support the jury’s verdict.
What are grounds for granting a new trial?
Errors in the trial that tainted the jury’s decision-making or if the jury’s decision was against the great weight of evidence.
What is the time limit for filing a motion for new trial?
Within 28 days of the entry of the jury’s verdict.
What is required for relief from judgment?
Circumstances like mistake, fraud, or new evidence that could not have been discovered.
What types of judgments are generally appealable?
Final judgments, orders granting a directed verdict, or denying a new trial.
What is a motion for summary judgment concerned with?
Whether there is a genuine issue of material fact.
What happens if there is no timely answer from the defendant?
A default is entered by a clerk.
What is the difference between a default and a default judgment?
A default does not give the plaintiff rights to collect money; a default judgment does.
What does ‘with prejudice’ mean in the context of dismissals?
The lawsuit cannot be refiled.
What is the effect of the two dismissal rule?
If the plaintiff voluntarily dismisses a case twice, the second dismissal is with prejudice.
What are the four elements of res judicata (claim preclusion)?
- Same claim
- Same parties
- Final judgment
- On the merits
What does the Full Faith and Credit Clause require regarding judgments?
Judgments from state courts be given the same effect in any other court that they would be given in the state in which they were handed down.
What are the requirements for collateral estoppel (issue preclusion)?
- Same issue
- Actually litigated
- Actually decided
- Necessary to the judgment
What allows a party to invoke collateral estoppel against a party who litigated and lost on an issue in a prior action?
Nonmutual collateral estoppel.
