Civ (Pre/Post/During Trial)

Question 1

What is Rule 4?

Answer 1

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

Question 2

Conflict of Laws

Rule 4 allows service of process to be made:

Answer 2

1) as provided by the fed court
2) as provided by the state where service is to be effected

Question 3

Who can make service of process?

Answer 3

Anyone not a party to a case. This includes lawyers

Question 4

A TPD (must/may) assert a claim against a P if it arises out of the same T/O as P’s original claim

Answer 4

May

Permissive Counterclaim

Question 5

An original D (must/may) assert claim against original P if it arises out of the same T/O

Answer 5

Must

Compulsory Counterclaim

Question 6

T/F

Crossclaims are never compulsory

Answer 6

True

Question 7

When is an original D not allowed to bring in a TPD?

Answer 7

If the original D is denying all liability. TPD can only be brought in to shift liability to someone else

Question 8

The Relation Back Doctrine

(3 req)

Answer 8

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

Question 9

Premptory Challenges are allowed except on the basis of:

4 Categories

Answer 9

1. gender
2. race
3. national origin
4. religion

Question 10

What is the effect of a failure to raise a timely objection to a jury instruction?

Answer 10

It is waived

Question 11

When must a motion for summary judgment be granted?

Answer 11

When there is no genuine dispute as to a material fact

Question 12

When does remittur arise?

Answer 12

When the trial judge believes the jury award for compensatory is so excessive as to shock the conscience

Question 13

What are the plaintiff’s rights after a remittur is entered?

Answer 13

She may accept the lower amount or petition for a new trial

Not req. to accept lower amount

Question 14

T/F

A case is fully litigated when it is resolved by the grant of a motion for summary judgment.

Answer 14

TRUE

Question 15

What is the result of when a verdict shows on its face that the jury failed to follow the court’s instructions?

Answer 15

The verdict may be set aside, and either the jury will be asked to reconsider its verdict or a new trial will be ordered.

Question 16

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

Answer 16

1. there must have been a final judgment in the prior case
2. the same issue must have been actually litigated and determined in the prior case
3. the issue must have been essential to the judgment; and
4. 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.

Question 17

The court of appeals cannot hear the a defendant’s appeal unless there is a:

Answer 17

final judgment on the merits in this case

Question 18

What is the standard to apply on a Renewed Motion on a judgment as a matter of law?

Answer 18

Whether there is substantial evidence in the record to support the verdict, resolving all
disputed issues in the Plaintiff’s favor

Question 19

Interrogatories may not be served until:

Answer 19

the parties have conferred to arrange for initial disclosures and prepare a discovery plan.

Question 20

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.

Question 21

Generally, a jury trial verdict must be unanimous, unless:

Answer 21

the parties stipulate to a verdict from a jury of fewer