Civil Procedure MBE

Question 1

what motions (list them all) can be filed:
1. pre trial
2. at trial
3. after trial

Answer 1

○ Pretrial - 12b6 motion & Summary judgement motions
○ At trial - motion for directed verdict (after each side presents evidence); and motion for judgement as a matter of law

After trial - motion for a new trial

Question 2

what choice of law must a federal court with diversity jurisdiction apply?

Answer 2

the law of the state in which it court sits - the forum state’s choice of law rules

Question 3

1. What is federal question jurisdiction?
   2.. How do you get a case in federal court?

Answer 3

1. when the claim is regarding a federal rule or statute - it has federal question jurisdiction
2. • How you get to federal court:
     ○ If there is a federal question + diversity
     ○ If it gets removed from state court because of federal question.
     Suing under a federal law or statute properly puts you in federal court, even if you don’t have diversity.

Question 4

When does lack of PJ have to be claimed? if not, what results?

Answer 4

It has to be claimed in your answer or pre-answer motion. If not, the issue if waived.

Question 5

How long does a defendant have to respond with their answer or pre answer motion?

Answer 5

21 days

Question 6

What are some examples of things to mention in an answer?

Answer 6

Things to mention in answer: lack of smbj, lack of pj, 12b6 failure to state a claim upon what relief can be granted

must mention all defenses now, or they are waived

Question 7

What happens if you fail to raise a 12b6 motion in your answer or pre-answer?

Answer 7

You LOOSE that opportunity! it is now waived.

Question 8

what is additur?

Answer 8

a judge can give greater verdict (such as a higher damage amount) than the jury did.

This is unconstitutional in federal

Question 9

What is remmititur?

Answer 9

“To send back” - court has the ability to to correct an inequitable damage award or verdict without having to order a new trial.
(just on damages tho - i think -_-)

Question 10

Can a trial court grant a motion for a new trial on all issues, or on some of the issues?

Answer 10

A trial court has discretion to grant a motion for a new trial on all or some issues for a variety of reasons, including an excessive verdict.