Fed Jurisdiction - Adjudicating the Dispute Flashcards
Can a Plaintiff voluntarily dismiss a case?
Yes, it may be allowed by court order. Sometimes simply by submitting a written notice. [P may have to pay D’s costs]
If P files a written notice before D responds answers or before SJ then its dismissed without prejudice.
If second case is voluntarily dismissed then it is with prejudice. Applies even if first case was in state court.
What is a default and a default judgment?
A default occurs when a claimant shows the clerk that D has failed to respond within 21 days after being served with process.
The clerk can enter a default judgment if:
- D made no response at all
- The claim itself is for a sum certain in money;
- Claimant gives an affidavit (sworn statement) of the sum owed: AND
- D is NOT a minor or incompetent.
If one of those is untrue, it must go before a judge and its up to the court.
DJ cannot exceed the amount demanded in the complaint.
D can set aside by showing good cause and a viable defense. (Usually excusable neglect).
What is the test for failure to state a claim?
Test looks only at sufficiency of P’s allegation and ask if the facts alleged are true would P win a judgment? If no -> dismissed.
Only look at face of complaint.
If D has already answered its called a motion on the pleadings.
What must a party show to obtain Summary Judgment?
Must show:
(1) There’s no genuine dispute on a material fact; and
(2) That she is entitled to judgment as a matter of law.
Must move within 30 days of discovery
Court can look at evidence [usually affidavits, declarations, depositions, interrogatories] Pleadings are NOT evidence unless verified under oath.
What is Motion for Judgment as a Matter of Law and What is the standard?
A directed verdict. Court takes case away from jury and decides it. Can only be brought after the other side has been heard at trial.
Standard:Reasonable people could not disagree on the result.
Court views evidence in the light most favorable to the nonmoving party.
Renewed Motion for Summary Judgment as a Matter of Law (RJMOL)
Same as directed verdict, but comes up after trial. After jury returns verdict. Must come within 28 days after entry of judgment
Same standard as directed verdict.
Prerequiste: Must have moved for JMOL/Direct Verdict in order to preserve it.
