Civ Pro MCQ Flashcards
motion for JMOL
When considering a motion for JMOL, the court must (1) view the evidence and draw all reasonable inferences in favor of the nonmovant, (2) disregard any evidence favorable to the movant that the jury need not believe, and (3) not consider the credibility of witnesses or the weight of evidence.
Discovery
Discovery is generally permitted with regard to any non-privileged matter relevant to any party’s claim or defense in the action
scope of discovery
Information within the scope of discovery need not be admissible evidence at trial to be discoverable. Instead, the test is whether the information sought is relevant to any party’s claim or defense.
anticipation of litigation
In general, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative. Such materials will be subject to discovery, however, if the party shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means.
100-mile bulge rule
The “100-mile bulge rule” establishes personal jurisdiction over a party (1) added to the suit through impleader or required joinder and (2) served with process within 100 miles of the federal court where the suit is pending.
Venue
Venue is the geographic location of a federal district court where a case may be heard. When a defendant is a nonresident of the U.S., venue is proper in any federal judicial district.
preliminary injunction
A preliminary injunction is a temporary court order that commands or prohibits certain actions while the case is pending before the court. This form of equitable relief is extraordinary and granted in limited circumstances since it is issued prior to a full hearing on the merits of the case. As a result, a federal court may grant a preliminary injunction only when it is established that:
the movant is likely to succeed on the merits
the movant is likely to suffer irreparable harm—i.e., an injury that cannot be compensated by monetary damages—in the absence of relief
the balance of equities is in the movant’s favor—i.e., the harm to the movant absent an injunction outweighs the harm an injunction would cause to the nonmovant(s)—and
the injunction is in the best interests of the public—e.g., enforcement of contractual rights and obligations protects the freedom to contract.
jury trial
A party may secure a jury trial on any triable issue by (1) serving the other parties with a written jury trial demand no later than 14 days after the last pleading directed to that issue is served and (2) filing the jury trial demand with the court within a reasonable time after service of the demand.
final-judgment rule
Under the final-judgment rule, a federal appellate court generally has no jurisdiction to hear an appeal until the district court has issued a final judgment—i.e., a decision that fully resolves the dispute on the merits. However, the interlocutory appeals statute allows certain orders to be appealed before the entry of a final judgment.
Class Action Fairness Act
The Class Action Fairness Act gives a federal court an alternative basis for subject-matter jurisdiction over a class action when (1) the class contains 100 members, (2) at least one class member is diverse from at least one defendant, and (3) the amount in controversy of the aggregated claims exceeds $5 million.
correct a clerical mistake
A district court may correct a clerical mistake or a mistake arising from an oversight or omission in a judgment, order, or other part of the record. The court may do so on its own initiative (i.e., sua sponte) or pursuant to a party’s motion before an appeal from the judgment or order is docketed. But after an appeal is docketed, the district court can correct the mistake only with the appellate court’s leave (i.e., permission).
Erie
Under Erie, state law applies if (1) it is outcome determinative—i.e., forum-shopping or inequitable administration of the laws would result if it is not applied—and (2) there is no countervailing federal policy interest.
physical or mental examination
The court where a lawsuit is pending may order a physical or mental examination of a party when (1) that party’s condition is in controversy, (2) the motion is based on good cause, and (3) the order provides notice specifying the time, place, manner, conditions, and scope of the exam, as well as the person who will perform it.
involuntary dismissal
A defendant can move for an involuntary dismissal if the plaintiff failed to prosecute the case or comply with a rule or court order. If the motion is granted, the case will be dismissed with prejudice (unless the court states otherwise) to prevent the plaintiff from suing the defendant on the same claim in the future.
Process can be served by…
(1) following the rules of the state where the court is located or where service is made, (2) delivering the summons and complaint to the defendant personally (or to his/her authorized agent), or (3) leaving the summons and complaint at the defendant’s dwelling with a resident of suitable age and discretion.
