Adjudication Without Trial

Question 1

Preliminary injunction does this:
Temporary restraining order does this:

A court can issue a TRO ___ with a showing of ____ that the party must give notice to D through a ___.

Answer 1

PI: Preserves the status quo until trial

TRO: Preserves the status quo until a hearing occurs for a preliminary injunction

Ex parte; immediate and irreparable harm; an oral or written notice to defendant

Question 2

TRO is effective for no more than ___ absent an extension for another ___. If it goes longer, it’s treated as a __.

Answer 2

14 days

14 days

Preliminary injunction

Question 3

P may voluntarily dismiss her case w/ court order if she does so ____.

Answer 3

BEFORE the D serves an answer or motion for SJ

Question 4

Court will allow __ grant of voluntary dismissal without prejudice.

Answer 4

One

Question 5

Entry of default can occur if D failed to respond within ___ of service, but in fed court, P has to actually ___.

Answer 5

21 days; move for entry of default

Question 6

Clerk can enter default judgment if these requirements are met:
If not, P must:

Answer 6

D made no response
The claim is for a certain sum
P gives an affidavit of the amount owed
D is not a minor or incompetent person

Apply to court for default judgment (hearing first)

Question 7

12(b)(6) is a ___.

If this is made after D has answered, it’s called a ____.

Answer 7

Motion to dismiss for failure to state a claim

Motion for judgment on the pleadings

Question 8

Judge will ask whether ____ on a 12(b)(6) motion.

Answer 8

The facts (if true) state a plausible claim

Question 9

Motion for SJ: need to show that ____ and ___.

Answer 9

There is no genuine dispute on a material fact

P is entitled to judgment as a matter of law

Question 10

Any party can move for SH no later than ____ after ____.

Answer 10

30 days; the close of discovery

Question 11

Court will view SJ evidence in the light most favorable to the ____.

Answer 11

Nonmoving party

Question 12

Court may allow the party who is ____ SJ more time to find evidence if she files an affidavit or declaration stating what the evidence would be.

Answer 12

Opposing the

Question 13

Pleadings [are/are not] evidence unless ___.

Answer 13

Not; they were made under oath

So, can’t be relied upon for SJ unless made under oath

Question 14

Pleadings not made under oath can be used for SJ in the circumstance where ____.

Answer 14

D failed to deny an allegation by P. This can be treated as a fact for SJ