Civ Pro

Question 1

For a 12(b)(6) motion to dismiss to succeed:

Answer 1

It must demonstrate that if every fact was true no recovery is plausible under ANY legal theory

Question 2

What is the seventh amendment right to jury trial?

Answer 2

• suits at common law
• damages amount exceed $20
• demand for jury trial must be made within 14 days after service of last pleading directed at the issue

Question 3

when will a federal court sitting in diversity over the claim of one plaintiff have supplemental jurisdiction over another plaintiff’s claim?

Answer 3

if (1) second plaintiff’s claim is so related to the first plaintiff’s claim that it is part of the same case or controversy; AND (2) additional Plaintiff isn’t a citizen of the state of any of the defendant’s

Question 4

Under the FRCP how can an individual defendant be served?

Answer 4

(1) personally serving the party; (2) by leaving summons and complaint at the defendant’s residence w/ a person of suitable age and discretion; (3) by serving an agent appointed by law to receive process; or (4) serving the party in the manner provided by the state’s law

Question 5

What does the determination of whether a suit was a suit at common law turn on?

Answer 5

whether the claim for relief was available at law or in equity in 1791

Question 6

When may a court grant JMOL?

Answer 6

if the court finds that a reasonable jury would not have legally sufficient evidence to find for that party

Question 7

What is the standard for when a court should grant Motion for New Trial?

Answer 7

court should grant if the verdict was against the weight of the evidence, verdict was excessive or inadequate, or to correct an error

Question 8

What is required for a claim to be precluded?

Answer 8

(1) same claimant is suing the same defendant; (2) there was a valid and final judgment on the merits in the first case; and (3) the claim in both cases arising from the same transaction or occurrence

Question 9

Issue Preclusion (also called Collateral Estoppel)

Answer 9

• if issue preclusion applies, an issue in case 1 cannot be relitigated in case 2
• the following elements must be met: (1) case 1 ended in valid final judgment; (2) same issue was litigated and determined in case 1; (3) the issue was essential to the judgment in the first case; and (4) the party asserting issue preclusion was a party in case 1 OR in privity with a party in case 1

Question 10

When can nonmutual issue preclusion be asserted?

Answer 10

(1) if the person wasn’t a party in case 1 and is the defendant in case 2 this is generally ok if the party in case 1 had a full chance to litigate the issue; and
(2) if the person using preclusion was not a party in case 1 and is the plaintiff in case 2, only ok if fair under the circumstances

Question 11

Does a renewed motion for judgment as a matter of law and a conditional motion for a new trial defeat finality of a judgment?

Answer 11

No, such a motion does not undermine the finality of that judgment

Question 12

Do the time limits to request a jury trial preclude the court from ordering a jury trial after an untimely request?

Answer 12

No, on motion the court may order a jury trial for any issue for which a jury might have been demanded

Question 13

Can a court impose monetary sanctions on a represented party on the grounds that his attorney violated rule 11?

Answer 13

No, but monetary sanctions may be imposed on the attorney