Adjudication Flashcards
What does it mean to dismiss “without prejudice”?
P may refile the case.
What is it called if D makes a 12(b)(6) motion AFTER D has answered?
Motion for Judgment on the Pleadings
What is a 12(b)(6) motion?
Motion to dismiss – Failure to state a claim
What must you show for SUMMARY JUDGMENT?
1) No GENUINE DISPUTE as to material fact
2) entitled to JUDGMENT AS A MATTER OF LAW
Why do we ever have a trial?
To resolve disputes of FACT
Is Evidence considered on:
12(b)(6) motion?
Motion for Judgment on the Pleadings?
Summary Judgment Motion?
No
No
YES
What does the judge make the determination on when she has a SUMMARY JUDGMENT motion?
Based on the Evidence Presented – viewed in the light most favorable to the nonmoving party
What is ESI?
Electronically Stored Information
What is the hierarchy for Pretrial Conference Order and the Pleadings?
Pretrial Conference Order supersedes the pleadings.
What does the 7th Amendment protect?
The right to a jury trial in a civil proceeding at common law in federal court. (though not at equity)
What happens if you have a claim for both damages and injunction?
Jury tries damages claim first, then judge tries injunction.
Is there a limit on the number of strikes each side has “for cause”?
No.
For what reasons may a juror be stricken “for cause?”
Bias, prejudice, related to a party.
How many peremptory strikes do you get?
Do you need to justify them?
You get 3 peremptory strikes.
Must be used in race- and gender-neutral way.
When do you bring a Motion for Judgment as a Matter of Law? (JMOL)
Standard?
After other side heard at trial.
Reasonable People could not disagree on the result.
