Fill in the Blank Quiz

Question 1

Personal jurisdiction requires that the defendant be _______ to the forum state’s jurisdiction and that the defendant be ________

Answer 1

amenable

served with proper notice

Question 2

Amenability to personal jurisdiction is governed by _________ subject to ___________ of the United States Constitution

Answer 2

forum state’s law

Due process clause

Question 3

Pennoyer v. Neff described three bases for state jurisdiction over persons and
things. They are…

——- jurisdiction over the person
_____ jurisdiction over interests in property
____ jurisdiction over seized property, where plaintiff’s claim is
unrelated to the seized property

Answer 3

1) In personam
2) In rem
3) Quasi in rem

Question 4

Pennoyer based its jurisdictional formula on __________ over persons and property
within its borders

Answer 4

State power

Question 5

Under Pennoyer’s in personam jurisdiction, a judgment in plaintiff’s favor….three things

would be ____ in all states
for the ____ amount of damages
may be _____ until fully collected

Answer 5

binding
full
enforced repeatedly

Question 6

Under Pennoyer’s in rem jurisdiction, a judgment in favor of plaintiff….three things

affects ______ in a res (both ____ and _____ to the lawsuit)
does not result in ______
does not require _____ outside the forum

Answer 6

everyone’s issue
parties and non parties
money damages
enforcement

Question 7

Under Pennoyer’s quasi in rem jurisdiction, a judgment in plaintiff’s favor…five things
entitles plaintiff to ____
Is not ____
is not ____
may not be enforced ______
may not be enforced

Answer 7

the property attached for jurisdiction
a personal judgement
enforceable against any other property
more than once
outside the forum

Question 8

Another type of jurisdiction discussed in Pennoyer is _______, which involves the
state’s authority to adjudicate such matters as divorce, adoption, citizenship and
mental competence

Answer 8

status

Question 9

_________ altered Pennoyer’s rule for personal
jurisdiction, replacing the concept of ______ with the new standards of
_________ and ______ provided by the “minimum contacts test.

Answer 9

International shoe v. Washington

state power

reasonableness and fairness

Question 10

The current test for amenability, following International Shoe and other cases,
does not require the minimum contacts test if the defendant satisfies any one of the
four “traditional” bases for in personam jurisdiction. Those bases are:
_____ in the forum state
______ to jurisidiction
_______ of objection to jurisdiction
________ in the forum when served

Answer 10

residence
waiver
physical presence
Consent

Question 11

Consent to jurisdiction has two forms, ________ and ________. ____________ are an example of express consent, and __________are an example of implied consent

Answer 11

expressed
implied
forum selection clauses
non-resident motorists statutes

Question 12

If none of the traditional bases are present, a state may only exercise in personam
jurisdiction over defendants who have minimum contacts with the state. The two
categories of minimum contacts are ______ and ______

Answer 12

specific jurisidiction
general jurisdiction

Question 13

____________ is where the lawsuit arises from or relates to the nonresident
defendant’s contacts with the forum state. _________ is where the lawsuit
is unrelated to the nonresident defendant’s contacts with the forum state

Answer 13

Specific jurisdiction

General jurisdiction

Question 14

Specific jurisdiction has four contacts tests, which are that the defendant….

________ itself of the benefits and protections of forum law;
should have _____ that its activity would subject it to jurisdiction in the
forum state;
could ________ being haled into court in the forum state
placed its product in the _______ and could foresee that it
would be used in the forum state

Answer 14

1) purposefully availed
foreseen
3) reasonably anticipate
4) stream of commerce

Question 15

General jurisdiction has one contact test, which is that defendant’s contacts are so _______ as to render it ________ in the forum state

Answer 15

continuous and systematic

essentially at home

Question 16

If the defendant has no contacts with the forum (and does not meet one of the four
traditional bases of jurisdiction), then there is ____ over that
defendant. If, on the other hand, defendant does have specific or general contacts,
then the court must consider the _______ This is a
______ test with five factors, which are:

________ interest in convenient and effective relief
__________
the _______ in furthering fundamental social policies
the ______ in effective resolution of controversies

Answer 16

no personal jurisdiction
fair play and substantial justice test
balancing
1) burden on the defendant
2) plaintiff’s
3) the forum state’s interest
4) shared interests of several states
5) judicial system’s interest

Question 17

The due process requirement for notice to defendant is stated in Mullane v. Central
Hanover. Notice is constitutionally sufficient if it is ____ under
all circumstances, to apprise ______ parties of the pendency of the action, and
afford them an _______ and _______

Answer 17

reasonably calculated

interested

opportunity to appear

present objections

Question 18

An abbreviated version of the Mullane notice rule is that _______ requires
______ and _______

Answer 18

due process

notice

an opportunity to be heard

Question 19

Which rule of the Federal Rules of Civil Procedure deals with initially notifying
the defendant of the lawsuit?

Answer 19

Rule 4

Question 20

Under Fed. R. Civ. P. 4(e), in addition to service under state law, the means of
service on a competent adult are:
a._______ to defendant;
b. leaving copies at ____ with a person of _______
c. serving defendant’s ______

Answer 20

1) personal delivery
2) l defendant’s dwelling
suitable age and discretion
appointed agent

Question 21

In most cases, the federal method of service on defendants outside the district is by
the _____ statute of the state in which the federal court sits

Answer 21

long arm

Question 22

The purposes of venue rules are:
_______ to defendant
_______ of caseload within the forum state

Answer 22

fairness

geographic allocation

Question 23

The federal statute for general venue provisions

Answer 23

28 U.S.C. 1391

Question 24

The purpose of forum non conveniens is to ______
based on fairness and convenience

Answer 24

move cases from one forum to another

Question 25

Subject matter jurisdiction refers to the court’s authority to adjudicate based on the
______ and in some cases, ________

Answer 25

type of case

the dollar amount in controversy

Question 26

Under Article III, federal courts have subject matter jurisdiction over two primary
types of cases

Answer 26

Federal question and diversity of citizenship

Question 27

The statute dealing with general federal question jurisdiction is ____
It provides that federal courts have jurisdiction over any civil action _______ of the United States

Answer 27

28 U.S.C. 1331

arising under the Constitution, laws, or treaties

Question 28

In addition to the general federal question provisions in 28 U.S.C. § 1331, there are
specific statutes on federal question jurisdiction, including actions against (name
three):

Answer 28

foreign states, admiralty, patents, civil rights, consuls, internal revenue, and
United States as plaintiff or defendant

Question 29

Diversity jurisdiction is covered by ________ That statute provides that
federal courts have subject matter jurisdiction over claims between _______ or between ______and ______ where the amount in
controversy ________

Answer 29

28 U.S.C. 1332

citizens of different states

state citizens

foreign citizens

exceeds $75,000

Question 30

Although the Constitution requires only _______, 28 U.S.C. § 1332 requires________. This means that all plaintiffs must have different citizenship than all defendants.

Answer 30

partial diversity

complete diversity

Question 31

For diversity purposes, a corporation has two citizenships, which are

Answer 31

state of incorporation and principal place of business

Question 32

A corporation’s principal place of business is defined as its

Answer 32

nerve center

Question 33

For diversity purposes, partnerships have the citizenship of

Answer 33

all the partners

Question 34

Under the St. Paul Mercury test, the amount in controversy is determined by plaintiff’s _______

Answer 34

good faith pleading

Question 35

In achieving the amount in controversy, may Plaintiff aggregate (answer “yes” or
“no”):
a. all of Plaintiff’s claims against one defendant?
b. alternate theories of recovery for the same wrong?
c. claims of different plaintiffs?
d. claims against different defendants?

Answer 35

a. Yes
b. No
c. No
d. No

Question 36

In some cases, a related claim that lacks diversity or federal question jurisdiction may be included. This is called _____

Answer 36

Supplemental jurisdiction

Question 37

Federal courts traditionally abstain from _______, _______, and ______

Answer 37

family law, probate, and state criminal proceedings

Question 38

If plaintiff has filed his action in state court, and jurisdiction is proper in federal court, defendant may remove the case to federal court. This is done by filing a_______ in federal court, attaching a copy of _______
and _______to the state court and all parties

Answer 38

Notice of removal
all state pleadings
giving notice

Question 39

If there is a ________ defect in the removal, the case must be remanded to state
court no matter when the objection is made

Answer 39

jurisdictional

Question 40

If there is a ______ defect in the removal, the case must be remanded to state court if a

Answer 40

procedural

proper and timely objection is filed

Question 41

State court subject matter jurisdiction is governed by

Answer 41

State law

Question 42

In state courts, subject matter jurisdiction is designated by _____ and/or ______

Answer 42

type of case

dollar amount

Question 43

Federal courts have _____ jurisdiction over patent claims. Federal and state court share _____ jurisdiction over _____

Answer 43

exclusive

concurrent

federal civil rights actions

Question 44

A court has ______ jurisdiction if it is the required forum at the beginning of the
case. A court has ______ jurisdiction if it may adjudicate a case only after it has
been heard in a lower court

Answer 44

original

appellate

Question 45

A federal district court has ______ jurisdiction over a dispute filed there and
raising a federal question, and ______ jurisdiction over appeals from Texas state agency decisions.

Answer 45

Original

appellate

Question 46

A federal district (trial) court has _______ jurisdiction over appeals from federal administrative agency decisions

Answer 46

appellate

Question 47

The United States Supreme Court has ______ jurisdiction over disputes between states.

Answer 47

original

Question 48

The Rules of Decision Act provides that ________ except where the Constitution or treaties of the United States or Acts of Congress
otherwise require or provide, shall be regarded as ________ in civil actions in the courts of the United States, in cases where they apply.

Answer 48

the laws of the several states

rules of decision

Question 49

________ interpreted the Rules of Decision Act to require federal courts to apply the _______ in cases where state law applied.

Answer 49

Swift v. Tyson
general American common law

Question 50

Erie Railroad Co. v. Tompkins reversed Swift v. Tyson, holding that when state law applies in federal court, the federal court must apply ________

Answer 50

the law of the state in which that federal court sits

Question 51

_________ coined the _________ which provides
that the ______ Doctrine mandates state law only where it affects substantive rights
that are potentially outcome determinative

Answer 51

Guaranty Trust v. York
outcome determinative test
Erie

Question 52

_______ modified the ________ holding that the court
should _________ in the case to determine which interests
were stronger. ______ further held that one factor of the balancing test is whether the
state law in question is _______ outcome determinative. Thus,
Byrd gives more importance to ________ that absolutely change the outcome of the
case.

Answer 52

Byrd v. Blue Ridge
outcome determinative test
balance state and federal interests
Byrd
absolutely or definitively

Question 53

To determine the content of state law in federal court, the Erie Doctrine directs that
the court give binding authority to ________ and ____________. Persuasive (but not binding) authority is found in _________ and ______ Erie also allows courts to
make ______ as to state law

Answer 53

state statutes
decisions from the state’s highest court
Lower state appellate courts
federal court opinions on state law
an educated guess

Question 54

The Rules Enabling Act (28 U.S.C. § 2072) provides the United States Supreme
Court may enact the __________ provided that no rule may
__________ any substantive right

Answer 54

Federal Rules of Civil Procedure
abridge, enlarge, or modify

Question 55

The most prominent Rules Enabling case is ________, which resolves the conflict between the Rules Enabling Act and the ________

Answer 55

Hanna v. Plumer
Erie Doctrine

Question 56

Hanna v. Plumer also introduced the concept of the “twin aims of Erie,” which are to (1) discourage _______, and (2) avoid the

Answer 56

forum shopping
inequitable administration of the law

Question 57

Choice of law is the process by which courts deter mine which ___________ law will be applied in a case

Answer 57

state’s or nation’s

Question 58

Choice of law rules may be ________ or _______

Answer 58

statutory
common law

Question 59

One example of a common law choice of law rule is the Texas case of Duncan v. Cessna, which holds that Texas courts will use the ________ to choose the governing law. This rule applies except where there is a _________, or where the action is based on contract that contains a __________

Answer 59

most significant relationship test
statutory choice of law rule
valid choice of law clause

Question 60

In federal courts, choice of law for non-federal-question cases is controlled by the
choice of law rules of _________

Answer 60

the state in which the federal court sits

Question 61

In federal court, Plaintiff’s initial pleading is called a _______. It must contain:
a. an allegation of _________
b. a short and plain __________ showing that the pleader is
c. a demand for ______

Answer 61

complaint
subject matter jurisidiction
statement of the claim
entitled to relief
judgement

Question 62

In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the United States Supreme Court held that a properly-stated claim must “contain sufficient ______ accepted as true, to state a claim for relief that is _________

Answer 62

factual matter
plausible on its face

Question 63

n federal court, defendant’s answer must respond to each paragraph of plaintiff’s
complaint with one of the following:
a. ________
b. _________
c. statement that defendant ________

Answer 63

admission
denial
lacks sufficient information to respond

Question 64

In addition to the foregoing, defendant may plead ___________. If
defendant fails to plead these, they are _____ Name three examples:

Answer 64

affirmative defenses
waived

— contributory negligence
— assumption of risk
Page 8 of 18
— fraud
— statute of limitations
— discharge in bankruptcy
— estoppel
— failure of consideration
— payment
— release
— res judicata
— statute of frauds

Question 65

F.R.C.P. 11 requires that an attorney or pro se party sign each pleading, which
certifies that he or she has made a _______ and that the pleading is (1)
not being presented for any ________; (2) ________ or a
________ for the extension, modification, or reversal of existing law
or the establishment of new law; (3) supported by ______, or will likely be after a
reasonable opportunity for discovery. ______ must be warranted on the
evidence or based on a reasonable lack of information or belief

Answer 65

reasonable inquiry
improper purpose
warranted by existing law
non frivilous argument
evidence
Fact denials

Question 66

If plaintiff’s initial pleading is so vague and ambiguous that defendant cannot reasonably be expected to respond, defendant may file a ____________ under F.R.C.P. 12(e). This must be filed ______ the Answer.

Answer 66

Motion for more definite statement
before

Question 67

Defendant may use a ________ under F.R.C.P. 12(f) to challenge any insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter

Answer 67

Motion to strike

Question 68

Defendant may challenge the Complaint’s legal sufficiency by a ______, under F.R.C.P. 12(b)(6)

Answer 68

Motion to dismiss for failure to state a claim

Question 69

Defendant may challenge ________ at any time. Defendant must
challenge _______ and _________ at the first opportunity or waive them.

Answer 69

subject matter jurisdiction
personal jurisdiction
venue

Question 70

Two types of counterclaim are ______ and ______ A _______ counterclaim is one related to plaintiff’s claim. If it is not asserted, it is _____

Answer 70

compulsory
permissive
compulsory
waived

Question 71

A third party claim is one brought by a defendant against a _______. It is based on ______ liability

Answer 71

new party
derivative

Question 72

Pleadings may be amended to add new _______ and new _____ or _______

Answer 72

factual allegations
claims
causes of action

Question 73

If a pleading adds a new claim that is barred by the statute of limitations, that new claim will be allowed if it is related to the original claim and if the new claim would have been timely if filed with the original claim. This is the _______ in Fed. R. Civ. P. 15(c)

Answer 73

doctrine of relation back

Question 74

The doctrine of relation back also allows a plain tiff to add a new defendant after the statute of limitations has run if the ______ in Rule 15(c) is satisfied.

Answer 74

balancing test

Question 75

If plaintiff presents evidence on an unpleaded claim during trial and defendant fails to object, that unpleaded claim will be valid if the court grants plaintiff’s _________

Answer 75

Motion for trial amendment

Question 76

One exception to Rule 8’s notice pleading rule (“short plain statement of the claim”) is that allegations of ______ must be plead with particularity

Answer 76

fraud

Question 77

F.R.C.P. 13(a) requires defendant to assert any opposing claim against plaintiff that ___________ that is the subject matter of plaintiff’s claim. This is known as a _________ If defendant fails to assert such a claim, he is ______ from raising the same claim in a later lawsuit.

Answer 77

arises out of the transaction or occurrence
compulsory counterclaim
barred

Question 78

Exceptions to the requirement of asserting the claims discussed in the preceding
question include:
a. where defendant __________ of plaintiff’s claims prior to filing an
Answer.
b. where the counterclaim has not —– or ——-
c. where the counterclaim requires an additional party over whom the court ________
d. where the counterclaim is the subject of ________
e. where plaintiff’s action is not based on ________ over defendant
(i.e. an in ____ action)

Answer 78

wins a dismissal
risen or matured
lacks personal jurisdiction
another pending action
personal jurisdiction
rem

Question 79

Permissive claim joinder allows any party to join _______ against ______

Answer 79

unrelated claims
existing parties

Question 80

In spite of the liberal rules for permissive joinder, all crossclaims and third party claims must be ______ to the plaintiff’s claim. However, once a party has properly asserted a crossclaim or third party claim, that party may join an _____ claim

Answer 80

related
unrelated

Question 81

______ parties (f/k/a compulsory parties) are those who must be joined if
possible. F.R.C.P. 19 addresses this issue in two parts:
a. Rule 19(a) identifies required parties, who must be joined if ______;
b. Rule 19(b) addresses what must happen when joinder is not feasible, which is either _______ or ________

Answer 81

Required
feasible
dismissal
litigation without the required party

Question 82

F.R.C.P. 20 governs permissive joinder of parties. It permits __________ to
join in one lawsuit if
a. each plaintiff asserts any right to relief arising out of the same ________, _________ or series of transactions or occurrences, ______
b. “any question of _____ common to all these persons will arise in the
same action.”
Rule 20 also permits ___________ to __________ if they meet this test.

Answer 82

multiple plaintiffs
transaction
occurrence
AND
law or fact
one or more plaintiffs
multiple defendants

Question 83

Two other requirements for naming parties to a lawsuit are:

Answer 83

Real Party in interest
Capacity

Question 84

Procedural devices for adding multiple parties include

Answer 84

impleader or third party action
interpleader
intervention
share holder’s derivative suit
class action

Question 85

Federal Rule 26(a) requires parties to ______ basic information relating to evidence they will use at trial, damages, and insurance

Answer 85

disclose

Question 86

The scope of discovery in federal courts is “. . . any ________ matter that is ________ and ________

Answer 86

non privileged
relevant to any party’s claim or defense
proportional to the needs of the case

Question 87

The forms of discovery are: 7 of them

Answer 87

interrogatories
—requests to produce or inspect
—subpoenas duces tecum
—oral depositions
—written depositions
—physical and mental examinations
—requests for admission

Question 88

Privileges shield information from discovery, such as:
_______, ________, _______
Discovery exemptions have a similar effect. These include
_________
__________

Answer 88

—attorney-client privilege
—spousal privilege
—doctor-patient privilege

—attorney work product exemption
—client investigatory exemption (in Texas state courts)

Question 89

The privileges and exemptions listed above must be raised before the deadline for responding to that discovery request or they are _____

Answer 89

waived

Question 90

Devices for dismissal include:
a. _______ Dismissal
b. ______ Dismissal for failure to prosecute, failure to comply with court rules, or in a non-jury trial, failure to prove a claim or defense.
c. Dismissal for ________

Answer 90

Voluntary dismissal
Involuntary
failure to state a claim

Question 91

A Motion for Judgment on the Pleadings may be filed by ________ In deciding the motion, the court will look only to the _______ pleadings to determine if that pleading has stated a _____ or ________

Answer 91

either plaintiff or defendant
non movants
claim
defense

Question 92

F.R.C.P. 56 provides that for summary judgment, the ______ is on the _______ to
show that:
a. there is ___________ and
b. movant is ____________

Answer 92

burden
movant
no genuine issue of material fact
entitled to judgement as a matter of law

Question 93

One major difference between a motion for summary judgment and motions under Rules 12(b)(6) [failure to state a claim] and 12(c) [judgment on the pleadings] is that a summary judgment motion may include _______

Answer 93

evidence

Question 94

For summary judgment in favor of the party not having the burden of proof at trial (usually the defendant), the movant may meet the first part of the burden (no
dispute of material fact) by:
a.________
b. ________ portions of nonmovant’s essential fact allegations (Adickes)
c. pointing to the record, after a __________, and alleging that non movant lacks sufficient evidence to support an ________ of her case, upon which nonmovant has the _________(Celotex

Answer 94

assuming all of the non-movants facts allegations to be true
negating
reasonable time for discovery
essential element
burden of proof

Question 95

For summary judgment in favor of the party bearing the burden of proof at trial, the movant must meet the burden of proof by _________ of the claim or defense.

Answer 95

offering evidence to establish each element

Question 96

Once the movant has met the initial burden under Rule 56(a) or 56(b), the burden
shifts to nonmovant, who may defeat the motion for summary judgment by:
________
_________

Answer 96

creating a fact dispute
showing that the law does not entitle movant to judgement

Question 97

In deciding the motion for summary judgment, the court must
view the evidence in

Answer 97

the light most favorable to the nonmovant

Question 98

To create a fact dispute that will prevent summary judgment, nonmovant must offer opposing evidence on which ________. If reasonable minds could not differ, then there is no fact dispute, and the judge may render
summary judgment

Answer 98

reasonable minds could differ

Question 99

Anderson v. Liberty Lobby emphasizes that the question before the court on a motion for summary judgment is the same as for a motion for _______

Answer 99

directed verdict

Question 100

If a party lacks evidence to respond to a motion for summary judgment, that party may seek _________ under Rule 56(f)

Answer 100

additional time

Question 101

In federal court, the trial issues of law and fact are governed by a ________ In state courts that do not use a Pretrial Order, the issues of fact and law are governed by the__________

Answer 101

Pretrial order
latest pleadings

Question 102

The process of questioning prospective jurors is called _______

Answer 102

voir dire

Question 103

There are two kinds of challenges to prospective jurors:
_________ are based on the court’s ruling that reasonable cause exists to
excuse that person from jury service based on a possibility of prejudice against one
of the parties, or some other bias in the case.
_________ allow the parties a limited number of “strikes” to excuse
prospective jurors for no stated reason

Answer 103

Challenges for cause
peremptory challenges

Question 104

Asking the court to order all witnesses other than parties to leave the room is known as ________

Question 105

A defendant may move for the __________ if he has the burden of proof on all the remaining issues.

Answer 105

right to open and close

Question 106

Under the Seventh Amendment to the United States Constitution, all parties in federal court have a right to trial by jury in ________ exceeding _______ in controversy

Answer 106

cases at common law
twenty dollars

Question 107

In federal court, parties have no constitutional right to trial by jury in _______ cases. However, the states may grant the right to jury trial in equity cases.

Answer 107

equity

Question 108

The right to jury trial is presumed to exist under a federal statute unless that statute _________ the right

Answer 108

expressly excludes

Question 109

If a party fails to request a jury within the time allowed by _______ the right to jury trial is _______

Answer 109

forum law
waived

Question 110

After all evidence and arguments have been presented, the judge describes the applicable law to the jury in _________. If the judge instructs the jury incorrectly on an issue of law, this is ________ even though it applies to the jury’s
function

Answer 110

jury instructions
appealable

Question 111

If a jury is not requested, the court conducts a non-jury trial in which the judge becomes the _________

Answer 111

trier of law and fact

Question 112

As of December 1, 1991, the Federal Rules of Civil Procedure were amended so that “directed verdict” and “judgment notwithstanding the verdict” are both known as _________

Answer 112

judgement as a matter of law

Question 113

In a jury trial, at the close of plaintiff’s evidence, defendant may move for a ___________ (the old directed verdict) under Fed. R. Civ. P. 50(a). The judge may grant it if, viewing the evidence in the _______ a reasonable jury could not find for plaintiff

Answer 113

judgement as a matter of law
light most favorable

Question 114

If the motion for judgment as a matter of law (or directed verdict) is denied, defendant presents his case. At the close of defendant’s evidence, __________ may move for judgment as a matter of law, which may be granted if a reasonable jury could only find for movant

Answer 114

plaintiff and defendant

Question 115

After the jury has returned its verdict, the losing party may move for _________ (the old judgment notwithstanding the verdict, or JNOV) under Fed. R. Civ. P. 50(b) anytime within 28 days after entry of judgment. However, movant must have filed a motion for _________ during the trial as a prerequisite

Answer 115

judgement as a matter of law
judgement as a matter of law

Question 116

After trial, the losing party may file a Motion for New Trial within ___________ days after entry of Judgment. The trial judge may grant a new trial on any of
the following grounds
_________
_________
__________
__________

Answer 116

twenty eight
trial error
newly discovered evidence
misconduct
result contrary to the great weight of the evidence

Question 117

The Court of Appeals may reverse the trial judge’s granting of a Motion for New Trial only if there was _________ to support the granting of a new trial.

Answer 117

no evidence

Question 118

Courts may grant a new trial, conditioned on remittitur or additur. ________ orders a new trial unless plaintiff accepts a lesser amount of damages. ________ orders a new trial unless defendant agrees to pay extra damages. Federal law prohibits ________ as a violation of the right to jury trial.

Answer 118

Remittitur
Additur
additur

Question 119

A new trial may be granted for newly discovered evidence if the following
conditions are met:
— the new evidence was discovered ________
— the new evidence was not discoverable by ________ prior to the first trial
—the new evidence is not _________
—the new evidence will ________

Answer 119

after the first trial
reasonable diligence
merely cumulative
probably produce a new result

Question 120

Under F.R.C.P. 60(a), a party may correct _______ and other ______ in a judgment. Under F.R.C.P. 60(b), a party may ask for a new trial based on __________

Answer 120

clerical mistakes
inadvertent errors
newly discovered evidence or fraud

Question 121

A party may also challenge a final judgment by ________ alleging _______

Answer 121

filing a new action
newly discovered evidence or fraud

Question 122

Thus there are three methods for challenging a judgment based on newly
discovered evidence or fraud:
a. _______(Rule 59)
b. ___________ (Rule 60)
c. ___________
One principle difference between these three is the ____ allowed for filing.

Answer 122

motion for a new trial
motion for relief from judgement
a new lawsuit
time

Question 123

Appellate courts primarily review questions of law. In order to receive appellate review, there must be a trial error that was ________ by a _________

Answer 123

properly preserved
timely objection

Question 124

Appellant may preserve error by:
a. ________ at the time of the error,
b. stating the _______ for the objection,
c. making known to the court the ______ and
d. obtaining a _______ on the objection.

Answer 124

Objecting
grounds
action desired
ruling

Question 125

Appellate courts may also review the jury’s decision, but only as to the __________, which is also a question of ______

Answer 125

sufficiency of the evidence
law

Question 126

________ courts may review the trial judge’s Findings of Fact in a ______. The standard of review is _______

Answer 126

Appellate
non jury trial
clearly erroneous

Question 127

Preclusion is the doctrine that limits the relitigation of issues and claims. The two
kinds of preclusion are:
______
_______

Answer 127

claim preclusion
issue preclusion

Question 128

Another name for preclusion is

Answer 128

res judicata

Question 129

Claim preclusion includes the doctrines of _____ and ______

Answer 129

merger
bar

Question 130

Merger applies to judgments for ______. It provides that a ________ for plaintiff (a) prevents plaintiff from suing again, except in a collection action on the judgment, and (b) bars defendant’s defenses in an action on the judgment.

Answer 130

Plaintiff
valid and final

Question 131

Bar applies to judgments for _______. It provides that a judgment for defendant ________ on the same claim.

Answer 131

Defendant
bars another action by the plaintiff

Question 132

The-elements of claim preclusion are:

Answer 132

same claim
same parties
valid and final judgement

Question 133

Claim preclusion does not apply to certain actions, including:
a. Dismissal on grounds of _______, _______, or _______
b. _______
c. Where preclusion is ______
d. ______ courts (in some jurisdictions)

Answer 133

jurisdiction
venue
party joinder
nonsuit without prejudice
denied by the statute
Small claims

Question 134

Issue preclusion is also known as ______

Answer 134

collateral estoppel

Question 135

Issue preclusion does not apply to whole lawsuits, but to:
a. issues of ——-
b. that were ______
c. that ended in a ______
d. where determination of that issue was _______ to the judgment, and
e. where the judgment is ________

Answer 135

law and fact
actually litigated
valid and final judgement
essential
binding on the party being estopped

Question 136

Issue preclusion no longer requires ________. This is also known as “offensive collateral estoppel.” It means that a person who was not a party to the first lawsuit can use the results of that action against any person who (a) was a ______ and (b) had a ________

Answer 136

mutuality of parties
party
full and fair opportunity to litigate