Dispositive Motions: Judgments as a Matter of Law Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

What is the first step of the dispositive motion timeline (during Pleading)?

A

FRCP 12(b)(6) or Rule 12(c)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the factual record for an FRCP(b)(6) or FRCP 12(c) motion to dismiss?

A

Allegations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the second step of the dispositive motion timeline (during Discovery)?

A

FRCP 56: Summary Judgment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the factual record for an FRCP 56 Motion for Summary Judgment?

A

Documents, interrogatory responses, deposition transcripts.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When do you file an FRCP 56 Motion for Summary Judgment?

A

You file an FRCP 56 Motion for Summary Judgment when there is “no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When do you file an FRCP 12(b)(6) Motion to Dismiss?

A

You file an FRCP 12(b)(6) Motion to Dismiss when there is a “failure to state a claim upon which relief can be granted.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the third step of the Dispositive Motion Timeline (after Trial)?

A

FRCP 50. Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Condition Ruling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the factual record for an FRCP 50 Motion for JMOL?

A

All admissible evidence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When do you file an FRCP 50 Motion for JMOL?

A

When a “reasonable j ury would not have a legally sufficient evidentiary basis to find for the party on that issue.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly