Review MC Q Flashcards
(11 cards)
objection to PJ
pre-answer motion or answer enoug hso long as in first response; or else waived
venue proper
- any district where D resides if all D in same state
- where substanital part of cause of action occurs
service
as provided by rules where sits or served
3P claim
A D cannot assert 3P claim against another party unless they are seeking to obtai nrecovery and that recovery msut be for the D 3P P’s own liability
original party msut be seekign to recover from D
interpleader
rule interpleader- diversity and 75K
statutory interpleader - 500$ more and diverity
imporopoer venue motion
first rsponse wehther answer or pre-answer motion
Special verdicts
The plaintiff waived his objections to the
form of the questions because he did not
object when they were given to the jury.
JMOL
judgment based on a verdit that reasonable peopel could not reach
Remittur
juries award is so excessive as to chock the conscous - may new trial or lesser award - msut give the alternative
claim preclusion
once a final judgement on the merits has been rendered on a particualr cause of action the claimant is barred from asserting same COA in a later lawsuit
- final judgment
- same claimant agaisnt same D
- same COA
issue preclusion
isseus actually litigated and central