Civil Procedure Rules Flashcards
(14 cards)
What is a judgment as a matter of law? (Directed Verdict)
Judgment as a matter of law is a way for the party to take the case away from the jury and determine the outcome as a matter of law
Is it relevant if a party fails to move for renewed judgment as a matter of law or for a new trial?
Yes.
What happens if a party fails to move forward for either a renewed judgment as a matter of law or for a new trial based on the insufficiency of the evidence?
Party is precluded from raising the question of evidentiary sufficiency on appeal to support either judgment as a matter of law or a new trial.
FRCP 59 allows a federal district court to ___________ a new trial on its own initiative on all or some of the issues involved in a case.
FRCP 59 allows a federal district court to GRANT a new trial on its own initiative on all or some of the issues involved in a case.
Although ordering a new trial is an alternative form of relief available to the federal district court when a party has not moved for a new trial, appellate courts __________ __________ have the same alternatives available.
Although ordering a new trial is an alternative form of relief available to the federal district court when a party has not moved for a new trial, appellate courts DO NOT have the same alternatives available.
Under the federal removal statute, certain actions are nonremovable, what is an example of a nonremovable action?
Workers Compensation
On an Erie analysis question, if the court is NOT sitting in diversity and is exercising a federal question jurisdiction, __________ law will apply and there is no need to examine applicable state law.
When a potential Erie analysis arises on the MBE, pay close attention to the facts. If the court is not sitting in diversity and is exercising federal question jurisdiction, federal law will apply and there is no need to examine applicable state law.
The preclusive effect of a federal court’s judgment in diversity is determined by __________________
The preclusive effect of a federal court’s judgment in diversity is determined by federal common law.
In determining whether to apply federal common law in diversity cases whose subject matter bears some relation to a federal statute, courts employ a balancing test, which _______________________
In determining whether to apply federal common law in diversity cases whose subject matter bears some relation to a federal statute, courts employ a balancing test, which weighs federal interests against state interests.
When a doctor challenges admissibility of certain evidence admitted during the course of trial, what is his best course of action in a state law dispute?
Move for a new trial, arguing the court improperly admitted evidence.
Since there is no requirement that an opposing party may file evidence in opposition of a summary judgment motion, what must the party simply argue?
That the evidence is insufficient to warrant a judgment as a matter of law.
The call of the question asks which action the appellate court MAY properly take. This means that the
incorrect answers will all be choices that describe actions the appellate court may ___________ take.
The call of the question asks which action the appellate court MAY properly take. This means that the
incorrect answers will all be choices that describe actions the appellate court may NOT take.
If the judge grants the renewed JMOL, they must also rule ________________ in case it gets reversed on appeal.
If the judge grants the renewed JMOL, they must also rule conditionally on the new trial in case it gets reversed on appeal.
If a man’s claim totals $77,000, which is much greater than the other members’ claims, which do not exceed $100 each. Could the man represent the rest of the class? Would the court certify his claim?
If a man’s claim totals $77,000, which is much greater than the other members’ claims, which do not exceed $100 each. The man’s claim, therefore, is not “typical” of the rest of the class.
