Review MC Q Flashcards

(11 cards)

1
Q

objection to PJ

A

pre-answer motion or answer enoug hso long as in first response; or else waived

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2
Q

venue proper

A
  • any district where D resides if all D in same state

- where substanital part of cause of action occurs

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3
Q

service

A

as provided by rules where sits or served

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4
Q

3P claim

A

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

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5
Q

interpleader

A

rule interpleader- diversity and 75K

statutory interpleader - 500$ more and diverity

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6
Q

imporopoer venue motion

A

first rsponse wehther answer or pre-answer motion

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7
Q

Special verdicts

A

The plaintiff waived his objections to the
form of the questions because he did not
object when they were given to the jury.

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8
Q

JMOL

A

judgment based on a verdit that reasonable peopel could not reach

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9
Q

Remittur

A

juries award is so excessive as to chock the conscous - may new trial or lesser award - msut give the alternative

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10
Q

claim preclusion

A

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

  1. final judgment
  2. same claimant agaisnt same D
  3. same COA
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11
Q

issue preclusion

A

isseus actually litigated and central

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