Adjudication Flashcards
What is the standard for granting a motion for summary judgement?
There is no genuine issue of material fact, and the movant is entitled to judgment as a matter of law.
What is the timeline for a party to file a motion for summary judgement?
A party may move for a motion for summary judgement no later than 30 days after the close of discovery
What is the standard for granting a motion for judgement as a matter of law?
Based on the evidence as presented, viewed in favor of the non-moving party, no reasonable person could disagree on the result.
What is the timeline for granting a motion for judgment as a matter of law?
A party may move for judgement as a matter of law at any time before the case is submitted to a jury, but a judge may not rule on the motion until the non-moving party has been fully heard.
What are the procedural requirements for filing a renewed motion for judgement as a matter of law?
Moving party must file within 28 days of the entry of the jury verdict, and motion must be on the same grounds as motion for JMOL made during trial
What is the standard for granting a motion for a new trial?
Some non-harmless error occurred at trial (example: jury verdict is against the weight of evidence)
What is the standard for granting a 12(b)(6) motion to dismiss/motion for judgement on the pleadings?
Whether plaintiff’s allegations of fact, taken as true, set forth a plausible claim
When may a court clerk enter default judgement without giving notice to the defendant?
When the defendant has never appeared in the case, the plaintiff’s claim is for a sum certain, the plaintiff has given an affidavit as to the sum owed, and D is not a minor or incompetent
What evidence must be presented for a court to issue an ex parte Temporary Restraining Order?
1) A paper under oath showing that the applicant will suffer immediate and irreparable harm if they wait for the other party to be heard and
2) A written certification by the applicant’s attorney that they attempted to give oral/written notice to the other party, OR the reasons why such notice should not be required
What is the burden of proof on the applicant for a preliminary injunction or TRO?
Applicant must show that they are likely to suffer irreparable harm if injunction is not issued, that they are likely to win on the merits of the case, that the balance of hardships to the parties favors the applicant, and that the injunction is in the public interest.
When, and for how long, may a court extend a TRO?
For no more than 14 days, upon a showing of good cause
When may a pretrial conference order be modified?
Only to prevent manifest injustice.
What is the timeline for moving for a motion for a new trial?
Motion must be made within 28 days of entry of judgment.
How does a party preserve an objection to a jury instruction for appeal?
The party must object to the instruction prior to the instruction being given to the jury, stating the matter objected to and grounds for the objection
What is the consequence if a party fails to properly preserve an objection to a jury instruction on appeal?
The appeals court can only review the instruction for clear error which affected the rights of a party (rather than de novo standard)
