Adjudicating the Dispute

Question 1

Boiled down, a PO in the Nature of a Demurrer says what?

Answer 1

Even if everything the P says in the complaint is true, there is no legal right to relief because P’s allegations do not make out any elements of any COA.

Question 2

When is a motion for judgment on the pleadings made?

Answer 2

After the pleadings are closed, but not so late as to unreasonably delay trial

Question 3

A MJOP is based on what?

Answer 3

The pleadings ONLY

Question 4

A MJOP will be granted if what two things are true?

Answer 4

No genuine issue of material fact; and

Moving party is entitled to judgment as a matter of law

Question 5

If you are D and have a great defense that is a sure winner, what two steps do you take?

Answer 5

Raise the affirmative defense in a pleading

Then file for MJOP

Question 6

When can a party filed a MSJ?

Answer 6

Any time after pleadings are closed and early enough not to delay trial.

Question 7

MSJ is only appropriate if what two things are true?

Answer 7

No genuine issue of material fact and

Moving party is entitled to judgment as a matter of law

Question 8

In a MSK, all undisputed facts must be established by pleadings, discovery responses, depositions, and . . . .

Answer 8

Affidavits of parties or witnesses.

Question 9

T or F? Affidavits must set forth admissible evidence to be considered for MSJ.

Answer 9

T

Question 10

If the moving party files affidavits in support of MSJ, the responding party cannot just rely on allegations or denials contained within the pleadings. Instead, they must do what?

Answer 10

File affidavits or deposition testimony, etc., that establish facts for trial.

Question 11

A MSJ can be filed with regard to which issues?

Answer 11

Any

Question 12

A party may/may not obtain SJ based on the absence of evidence sufficient to permit the jury from finding an essential element of a claim or defense.

Answer 12

May

Question 13

Explain the Nanty-Glo Rule?

Answer 13

SJ will NOT be granted IF . . .

The motion is supported ONLY by uncontradicted affidavits or dep. testimony AND

The granting of SJ would require the acceptance of the credibility of the moving party’s witnesses.

Question 14

Where the COA or Defense is dependent on the credibility and demeanor of the witnesses who will testify at trial, oral testimony alone (through affidavits or depositions) of the moving party’s witnesses, even if uncontradicted, is generally insufficient to establish the absence of a genuine issue of material fact. Generally, there must be ____ or ______ from other parties, in pleadings or discovery, to support a MSJ.

Answer 14

Documents or Admissions

Question 15

A judgment of Non Pros may be entered when . . . (3)

Answer 15

P shows a lack of due diligence by failing to proceed with reasonable promptitude;

There has been no compelling reason for delay; and

The delay has caused actual prejudice to D

Question 16

A D seeking Non Pros must come to the court with . . .

Answer 16

Clean Hands

Question 17

When will court approval be required for P to dismiss his own case? (3 situations)

Answer 17

Cases where P is a minor or an incompetent

Actions for wrongful death where a minor or incompetent in a benef.

Class actions

Question 18

A P may not discontinue an action as to less than all Ds except upon written consent of ___ ___ or ___ _ ___

Answer 18

All parties

Leave of court

Question 19

While PA does not have mandatory pretrial conferences, parties MUST file a what listing, inter alia, ____ , ____, ___ , and _____

Answer 19

Pretrial Statement

Witnesses, Experts, Damages, and Exhibits

Question 20

Deadline for demanding a jury trial?

Answer 20

20 days after the last pleading isfiled.

Question 21

Verdict does/does not have to be unanimous in a civil trial

Answer 21

Does not

Question 22

6 jurors, how many needed to make a valid verdict? 12?

Answer 22

5/6, 10/12

Question 23

How may peremptory challenges?

Answer 23

4

Question 24

Peremptory challenges may not be used to exclude jurors based solely on ____ , _____, or _____

Answer 24

Gender, race, or RELIGION (unique)

Question 25

When can D make a motion for compulsory non suit?

Answer 25

After P has finished with all of his evidence on liability

Question 26

What is D arguing when he makes a motion for compulsory nonsuit?

Answer 26

Even if the jury accepts all of P’s evidence, they P has failed to establish a right to relief on any COA

Question 27

A motion for compulsory nonsuit will be granted if P has failed to do what?

Answer 27

Establish a right to relief.

Question 28

When evaluating a motion for compulsory non suit, the court must assume what?

Answer 28

All of P’s evidence is true.

Question 29

A JMOL is called what is PA?

Answer 29

Motion for Directed Verdict

Question 30

When is a Motion for Directed Verdict made?

Answer 30

At the conclusion of the evidence but before judge charges the jury

Question 31

What is D arguing in a Motion for a Directed Verdict?

Answer 31

Even if jury accepts all of P’s evidence as true, no reasonable jury could find for P based on the evidence which the P produced at trial.

Question 32

When can the court grant a Motion for DV?

Answer 32

When ALL evidence has been introduced.

Question 33

A court can Direct a Verdict when the evidence is such that . . .

Answer 33

Without weighing the credibility of the witnesses, there can be but one reasonable conclusion as to the verdict.

Question 34

Plaintiff’s negligence will not bar recovery where such negligence is ____ _____ _____ the causal neg. of the Ds against whom recovery is sought, but any damages sustained by P will be reduced in proportion to P’s negligence.

Answer 34

Not greater than

Question 35

PA has a pure/modified comparative negligence regime?

Answer 35

Modified.

Question 36

Is P a ___% or more negligent, he cannot recover.

Answer 36

51%

Question 37

In a negligence suit, the jury determines . .. (2)

Answer 37

The full value of damages sustained by P

The percentage of any comparative negligence attributable to P

Question 38

Following a verdict, the court will do what with a negligence verdict?

Answer 38

Mold it by reducing it by the percentage of negligence attributable to P.

Question 39

What is the only post-trial motion in PA?

Answer 39

Motion for Post Trial Relief.

Question 40

Grounds for post-trial relief must be _____ by pre-trial motion or trial motion, objection, point for charge, or other appropriate method at trial.

Answer 40

Preserved.

Question 41

A motion for post trial relief must be filed when?

Answer 41

Within 10 days after the verdict or nonsuit.

Question 42

what is the moving party arguing n a Motion for PTR?

Answer 42

Even though the jury found for the other party, as a matter of law, the court should grant a new trial or enter judgment for the moving party