IV. Adjudication

Question 1

Preliminary Injunctive Relief

Answer 1

Court order that ∆ either

• Do something OR
• Refrain from doing something

NO right to an injunction. It’s always DISCRETIONARY.

Question 2

Temporary Restraining Order (TRO)

Answer 2

Ex parte (whenever a court does something w/out giving notice to other party) TRO is proper ONLY IF:
  -Applicant files a paper UNDER oath clearly showing that if the TRO is not issued, he will: suffer IMMEDIATE & irreparable harm IF he must wait until the other side is heard. 

-Applicant’s L certifies in writing his efforts to give oral or written notice to ∆ or ∆’s L.

Question 3

Pretrial Adjudication

Answer 3

Voluntary Dismissal = π can make this motion ANYTIME

Default = Notation by the Court clerk on the docket sheet of the case. Cuts off ∆ right to respond. But then get the judgment.

Default Judgment = π gets this. Clerk of court can enter judgment IF:

• ∆ made no response at all
• Claim itself if for sum certain in money
• Claimant gives an affidavit of sum owned AND
• ∆ is NOT a minor or incompetent

Question 4

Motion to Dismiss for Failure to State a Claim (FRCP 12b6)

Answer 4

Court ignores π’s legal conclusions and ONLY LOOKS AT THE ALLEGATIONS OF FACT
-only on face of complaint

Question 5

Motion for SJ (FRCP 56)

Answer 5

In litigation stream but we might not need a TRIAL. To resolve disputes of FACT

MUST show:

• There is no genuine dispute on a material fact &
• That she is entitled to judgment as a matter of law

Good Hypo on Pg. 57

Question 6

Right to Jury Trial in Fed. Court

Answer 6

7th Amend. preserves Right to Jury in “civil actions at law” BUT NOT in suits at equity.

Damages = Legal Relief 
Injunction = Equitable Relief 

If both these. Jury decide the facts underlying the damages claim BUT NOT the equity claim.

Question 7

JMOL

Answer 7

Based upon evidence PRESENTED AT TRIAL.

B/c reasonable people could NOT disagree on the result.
-When can a party move for JMOL? = After the OTHER side has been heard at trial

Question 8

RJMOL

Answer 8

Same as JMOL but comes up AFTER TRIAL

-Absolute prereq. to bringing RJMOL? = You MUST have made a JMOL at proper during trial

Question 9

Remittitur

Answer 9

Playing hardball w/π

Take a lesser amount (which court sets) or go thru new trial.
-Okay in State & Fed. Court

Question 10

Additur

Answer 10

Playing hardball w/∆

Pay greater amount in damages (which court sets) or go thru new trial.
-UNCONST. in FEDERAL BUT okay in State.