Adjudicating the dispute

Question 1

Pretiral Adjudication

Answer 1

_1. Failure to state a claim FRCP 12(b)(6)****:_ D moves to dismiss for failure to state a claim. It tests only the sufficiency of P’s allegations. The court ignores legal conclusions. It looks only at allegations of fact and asks: If these facts were true, would P win a judgment?

1. if no, no sense of letting case proceed bc law does not recognize a claim on these facts. Ct might let
2. P amend to try to state a claim
3. Ct never looks at E. Only at the face of complaint
4. facts alleged must support a plausible claim. Judge uses her experience and common sense to see if they do
5. same motion made after D has answered = Motion for Judgment on the Pleadings

2. Summary Judgment (Rule 56):

must show:

1. no genuine issue on a material fact and
2. that he is entitled to judgment as a matter of law

• move any time until 30 days of close of discovery
• can be for partial judgment
• parties proffer E, usually affidavits or declarations, deposition testimony (under oath >> E)
• Ct view E in the light most favorble to nonmoving party

Question 2

Conferences and meetings

Answer 2

Pretrial conferences: Ct may hold pretrial conferences to process the case and foster settlement. Final pretrial conferences determines issues to be tried and E to be proffered. This is recorded in a pretrial conference order, which supercedes the pleadings.

• No surprises at trial!

Question 3

Jury trial

Answer 3

1. Right to jury trial in fed Ct: 7th Amend preserves the right to jury in “civil actions at law” but not in suits at equity.
2. If case involves both law and equity >> jury decide the facts underlying damages, then judge on equity claim.
3. must demand jury in writing no later than 14 days after service of last pleading raising jury triable issue. Right to jury waived if not raised.
4. voir dire >> no limit to number of strikes “for cause,” but 3 times for preemptory strikes
5. preemptory strikes must be used in gender and race neutral way (bc state action)

Question 4

Motion for judgment as a matter of law (JMOL)

Answer 4

Exceptional. Effect is to take the case away from the jury. Can only be brought after the other side has been heard at trial.

Standard for granting JMOL: reasonable ppl could not disagree on the result (similar to SJ, only during trial)

• Ct view E in the light most favorable to non-moving party

Question 5

Renewed motion for judgment as a matter of law (RJMOL)

Answer 5

Same as JMOL but comes up after trial

1. Situation: judge did not grant JMOL, case went to jury, return verdict in favor of one party. losing party filed RJMOL
   
   1. must move wi 28 days after entry of judgment
2. Standard: same as JMOL
3. Requisite: must have moved for JMOL at a proper time during trial
4. Ct view E in light most favorable to non-moving party

Question 6

Motion for new trial