Final 1

Question 1

R 56. Summary Judgment

Answer 1

Judge will grant if shown that there is no genuine dispute as to any material fact
- latest is 30 days after all discovery is done

– if we don’t need to resolve a fact dispute , no reason for trial - then summary judgement

Question 2

Judgement as a Matter of Law - JAMOL

R50

Answer 2

No legally sufficient evidentiary to find for other party —> JAMOL
- done at trial before jury deliberates and after if preserved / is their a dispute of fact ?

Question 3

Timeline:

12b6 – 12c–R56 (summary judgement) – R50 JAMOL

Answer 3

• 12b(6) = failure to state a claim
• 12c = Judgment on the Pleadings.
• 56 = summary judgement
• 50 jmol

Question 4

R59 Motion for a New Trial

Answer 4

So long as a reasonable basis existed for the
jury’s verdict, an appellate court will not disturb the district court’s ruling on appeal.
– standard = Clearly Erroneous –

Question 5

JMOL Two Steps:

Answer 5

1. No general dispute as to a material fact

2. Moving party is entitled to judgment as a matter of law