Trial/Resolution Rules

Question 1

Rule 12(b)(6)-failure to state a claim

Answer 1

attacks sufficiency of complaint, pre-trial attempt to dismiss

Question 2

Rule 12(c)-judgement on pleadings

Answer 2

looks at collective pleadings, pre-trial attempt to dismiss

Question 3

Rule 55-default judgement entered when…

Answer 3

clerk can enter judgement when a clear, simple affidavit states a certain sum of damages. A notice and hearing to enter a judgement for damages is required when the sum is not simple or plain

Question 4

Rule 41(a-b)-dismissal

Answer 4

a) P can voluntarily dismiss once w/out prejudice prior to service of answer or motion of summary judgment OR by agreement of all parties (second dismissal is normally with prejudice) b) involuntary dismissals are normally on the merits and with prejudice (except for lack of jurisdiction/venue/failure to join)

Question 5

Rule 56(a)- summary judgement

Answer 5

party can move for summary judgement when there is no genuine dispute to any material fact and the moving party is entitled to judgement as a matter of law. Pre-trial motion. Burden is on moving party to prove they would win at trial.

Question 6

Rule 56(d)-extension of discovery

Answer 6

the court can order a continuance to allow more discovery, claiming the motion for summary judgement is premature

Question 7

Rule 50(a-b)-directed verdict

Answer 7

50(a) motion made any time before case is submitted to the jury, claims no genuine issue of fact and one party must win as a matter of law [same standard as summary judgement] 50(b) is a renewal of the same motion after jury verdict returned (within 28 days), cannot be made unless 50(a) motion was made previously

Question 8

28 U.S.C. 1291- appeals

Answer 8

federal courts of appeal shall have jurisdiction over appeals from “final decisions” of district courts

Question 9

28 U.S.C. 1292(a)(1)-appeals to injunctions

Answer 9

shall have jurisdiction over district court orders about injunctions

Question 10

28 U.S.C. 1292(b)-may certify jurisdiction for appeal

Answer 10

district courts may certify that an order a) involves a controlling question of law b) where there is substantial ground for difference of opinion AND c) that an immediate appeal may materially advance the termination of litigation. A party may then seek permission to appeal within ten days of the certified order

Question 11

Rule 54(b)-appeal of multi-party/claim cases

Answer 11

district courts may direct entry of final judgement as to one or more but not all claims/parties ONLY BY a) express statement there is no reason to delay AND b) expressly directing the entry of judgement. If this is not done, the order is not final and not immediately appealable

Question 12

Rule 23(f)-appeals of class certification

Answer 12

orders granting/denying class certification may be appealed within 14 days of the order at court of appeals discretion

Question 13

28 U.S.C. 1447(d)-remand to state court appeals

Answer 13

orders remanding to state court are not appealable unless it is an order remanding a class action to the state from which it was removed if an application to appeal is made within 10 days of order

Question 14

Rule 48-jury trial details

Answer 14

Jury trial is preserved in 7th Amend. For common law issues (not equity) (if asking for money damages, probably a jury) (jury never decides injunctions). Rule 48 = unanimous verdict of a jury of 6 to 12 members

Question 15

Collateral order doctrine

Answer 15

order is appealable if: a) finally determines some important issue within the case b)collateral to main dispute and c) effective later review is impracticable