Final Review

Question 1

When can you raise 50 (b)?

Answer 1

Any time within 28 Days of the final judgment. (End of the trial)

Question 2

When can you raise a 50(a)?

Answer 2

After the first party (or both) has presented their evidence and any time before trial

Question 3

Can you raise 50(b) motion without a 50(a)?

Answer 3

No you cannot raise 50(b) without first asking for 50(a) because 50(b) must be a renewal for a trial… if you do not raise 50(a) then you waive (b)

Question 4

Summary Judgment Rule from Celotex?

Answer 4

Absence of Proof of evidence to grant Summary Judgment.

-Ask court to consider SJ because the record lacks (any) evidence to support the claims

Question 5

Slaven - 56(a) - Summary Judgment

Answer 5

The parties have to cite to evidence to prove/disprove the elements - relies on discovery

Question 6

What are the two general forms of 12(b)(6)

Answer 6

Legal Inadequacy- Mere conclusory

Form inadequacy - complaint missing elements of the claim
-Look to rule 8 for argument

Question 7

1446(a) Removal

Answer 7

Only a defendant can request that a trial be removed to the federal court in the state where the action has been filed.

Question 8

Rule 56 Summary Judgment

Answer 8

Look to summary judgment if evidence shows there is no genuine dispute of material fact.

• no jury needed and the judge can just decide as a matter of the law

Look past complaint and to preliminary evidence (discovery)

Question 9

Explain General Jurisdictions over corporations

Answer 9

At-home test:
-Place of incorporation
- PPOB

Question 10

Venue 1391(b) (1-3)

Answer 10

(1) Allows venue where all Defendant’s reside if all reside in the forum states

(2) If substantial part of events bringing about the action occurred in the forum state

(3) Fall back provision = where otherwise subject to PJ