Judgments and Trial Rules

Question 1

FRCP 50

Answer 1

Judgment as a matter of Law: After being fully heard at trial; court can resolve the issue if it finds a reasonable jury does not have legally sufficient evidence to find on an issue; Motion can be made any time before the case is submitted to the jury and must specify the judgment sought and the law and facts that entitle movant

Question 2

FRCP 56(a)

Answer 2

Summary Judgment: after discovery and before trial; when there are no genuine disputes over material fact; Motion includes a statement of the issues to be decided by the court and a statement of Undisputed material facts (if using evidence to support, then must cite to evidence

Question 3

FRCP 16(e)

Answer 3

Pretrial Conferences; Scheduling; Management

Question 4

FRCP 26(a)(3)

Answer 4

Pretrial disclosures

Question 5

FRCP 47

Answer 5

jury selection

Question 6

FRCP 51

Answer 6

jury instructions

Question 7

FRCP 48

Answer 7

Jury Deliberation and Verdict

Question 8

FRCP 42

Answer 8

Consolidation and Separate Trials: When actions involve a common question of law or fact the court can join, consolidate actions, or issues; can also separate issues into different trials

Question 9

FRCP 16

Answer 9

Reasons for Pretrial Conference: one reason is to facilitate settlement

Question 10

FRCP 68

Answer 10

Settlement Offer: At least 14 days before the trial, lists out the terms; can be unaccepted but allows for another offer later; offer can be made after liability is determined but at least 14 days before the hearing of extent of liability; if not accepted and lose then have to pay

Question 11

FRCP 59

Answer 11

Motion for New Trial: judge can grant if jury decision was against clear weight of evidence, or there was a process error like improper jury instructions

Question 12

FRCP 23(a)

Answer 12

Class actions prerequisites: class is so numerous that joined of all members is impractical; there are common questions of law or fact to the class; claims or defenses of representatives are typical of the class; representatives will fairly protect the interests of the class

Question 13

FRCP 23(b)

Answer 13

Types of class actions; (1) for separate actions that would create a risk of inconsistent adjudications; (2) when the other party has refused to act on grounds that generally apply to the class so the class is seeking injunctive or declaratory relief for the class as a whole; (3) is the most common typically seeking monetary damages (requires the common question of fact or law to predominate over the other questions by individual members, must be the main issue