Civ (Pre/Post/During Trial) Flashcards
What is Rule 4?
Service of Process Rule
Service may be made on any individual by leaving a copy of the summons and complaint at their dwelling or usual abode with someone of suitable age, maturtity, that lives there
Conflict of Laws
Rule 4 allows service of process to be made:
1) as provided by the fed court
2) as provided by the state where service is to be effected
Who can make service of process?
Anyone not a party to a case. This includes lawyers
A TPD (must/may) assert a claim against a P if it arises out of the same T/O as P’s original claim
May
Permissive Counterclaim
An original D (must/may) assert claim against original P if it arises out of the same T/O
Must
Compulsory Counterclaim
T/F
Crossclaims are never compulsory
True
When is an original D not allowed to bring in a TPD?
If the original D is denying all liability. TPD can only be brought in to shift liability to someone else
The Relation Back Doctrine
(3 req)
Amendments to a claim to add a new party will relate back to the date the original claim was filed if:
1. claims arose from same T/O
2. made w/n time alotted for serving original complaint (90 days from filing)
3. new D receivies such notice so they wont be prejudiced AND they know or should have known that the action was against them
Premptory Challenges are allowed except on the basis of:
4 Categories
- gender
- race
- national origin
- religion
What is the effect of a failure to raise a timely objection to a jury instruction?
It is waived
When must a motion for summary judgment be granted?
When there is no genuine dispute as to a material fact
When does remittur arise?
When the trial judge believes the jury award for compensatory is so excessive as to shock the conscience
What are the plaintiff’s rights after a remittur is entered?
She may accept the lower amount or petition for a new trial
Not req. to accept lower amount
T/F
A case is fully litigated when it is resolved by the grant of a motion for summary judgment.
TRUE
What is the result of when a verdict shows on its face that the jury failed to follow the court’s instructions?
The verdict may be set aside, and either the jury will be asked to reconsider its verdict or a new trial will be ordered.
Issue preclusion prevents a party from re-litigating an issue in a case if that issue was resolved in a prior case. In order for a party to be bound by issue preclusion:
4 Requirements
- there must have been a final judgment in the prior case
- the same issue must have been actually litigated and determined in the prior case
- the issue must have been essential to the judgment; and
- the party to be bound by the prior judgment must have been a party to the prior action or in privity with a party to the prior action.
The court of appeals cannot hear the a defendant’s appeal unless there is a:
final judgment on the merits in this case
What is the standard to apply on a Renewed Motion on a judgment as a matter of law?
Whether there is substantial evidence in the record to support the verdict, resolving all
disputed issues in the Plaintiff’s favor
Interrogatories may not be served until:
the parties have conferred to arrange for initial disclosures and prepare a discovery plan.
he federal pleading rules generally require the pleader to assert short and plain statements in the complaint to put the other side on notice of the claim being asserted; detailed assertions of facts underlying the claim are generally not required. However, there are certain special pleading rules that require a party to state more detail under special circumstances, including claims that assert fraud or mistake.
Generally, a jury trial verdict must be unanimous, unless:
the parties stipulate to a verdict from a jury of fewer
