Civil Procedure MBEs Flashcards
The essential facts are unavailable to the mechanic and therefore discovery is required.
Reverse the district court’s judgment as a matter of law and allow a new trial to proceed.
Grant the motion to remand because the homeowner is a citizen of State B, the state in which the action was brought.
There is a right to a jury because the Seventh Amendment guarantees a jury for suits at common law. The plaintiff here is seeking damages, a legal remedy.
The court should enter a judgment for the zookeeper for $200,000.
Abuse of discretion
No. The court will likely deny the motion and allow the writer to utilize discovery to find out what the director received and when.
The court could both reject the grocer’s motion for judgment as a matter of law, and grant the grocer’s motion for new trial.
No. The court should retain jx over the federal age discrimination claim and the breach of contract claim but should sever the negligence claim because it does not arise out of the same nucleus of facts.
No, because it was improper for the entertainer to file a motion for sanctions with the court.
Yes, despite the general reluctance of the federal court of appeals to consider issues that were not presented to the district court, the appellate courts do have discretion to hear such issues.
Grant the motion, because the woman’s affidavit is not made with personal knowledge.
Yes. In light of the evidence presented in this case, the 500k jury award denies justice to the employer and shocks the conscience; the court should therefore grant a new trial, at least as to damages.
