MBE Flashcards
Impleader
Lets D add a nonparty who may be liable to D for all or part of P’s claim. P may also assert a claim against 3P D, if court has original SMJ or supplemental jurisdiction over the claim.
Request for waiver of service must give D at least 30 days after request was sent to return waiver. If D timely waives service of process, then D’s answer ….
need not be served until 60 days after the request was sent
When can a party file a motion for sanctions?
A party can’t file a motion for sanctions until 21 days after serving motion on the alleged violator. This safe-harbor rule gives a violator time to correct violation.
Common Q class action
When common qs of law or fact predominate over individual questions and a class action is the best method to fairly and efficiently adjudicate the dispute.
“prejudicial risk” class action
Considers if prosecution of class members’ claims through separate actions IMPAIRS their INTERESTS
Who can enter default judgement?
Judge OR CLERK! A court clerk does NOT need to seek court approval before entering a default judgment.
A court clerk must enter a default judgment if:
(1) P’s claim is for a sum certain or a sum that can be made certain by calculation,
(2) P’s request for default judgment includes an affidavit establishing amt due,
(3) D failed to appear, and
(4) D isn’t legally incompetent or a minor.
two-dismissal rule
Voluntary dismissal with prejudice if P:
(1) voluntarily dismissed an action in fed or state court w/o a court order and
(2) filed a notice of voluntary dismissal in a second action on same claim in fed court.
When is involuntary dismissal without prejudice?
If based on lack of jurisdiction, improper venue, or failure to join a required party
7th Amendment right to a jury trial in civil cases
Applies to fed civil cases when amount in controversy exceeds $20 and a party asserts a legal claim. Doesn’t apply when a party asserts an equitable claim ( nonmonetary remedy).
What does the right to jury trial depend on?
Relief sought, not whether the issue to be determined is primarily one of fact or law.
What does the judge do if a general vedict and answers are inconsistent?
Judge must:
(1) order a new trial,
(2) direct jury to further consider answers and verdict, or
(3) enter a judgment consistent with the answers.
Additur
P’s request to increase jury award of inadequate damages. Never allowed in federal court
Remittitur
D’s request to reduce jury award of excessive damages
A trial court’s discretionary rulings, like admissibility of evidence, are reviewed for…
abuse of discretion
Harmless error is a conclusion reached by an appellate court when…
it determines that an erroneous ruling did not affect a party’s substantial rights.
A judge’s findings of fact (e.g., witness credibility) will be reversed only if they were…
clearly erroneous such that no reasonable judge would have made them
Under claim preclusion, when do claims arise from the same transaction or series thereof?
If they are:
(1) are related in time, space, origin, or motivation,
(2) form a convenient trial unit, and
(3) conform to parties’ expectations when treated as a unit.
Claim preclusion applies when
the lawsuits involve identical claims.
Issue preclusion (i.e., collateral estoppel)
prevents relitigation of issues that were actually litigated, determined, and essential to a valid final judgment.
Plain error doctrine
Appellate court may address a plain error in jury instructions given by trial court, even if party failed to object to instructions, if error affects substantial rights.
“Choice of law” + “preclusive effect”
We will use the state law preclusion rules of the state in which the fed court sits
