Missed Civ Pro

Question 1

What is a remittitur? Is it allowed in federal courts?

Answer 1

A remittitur is a defendant’s request to reduce jury award of excessive damages

Yes. P can choose between reduced damages or new trial on damages

Question 2

What is an additur? Is it allowed in federal courts?

Answer 2

An additur is a plaintiff’s request to increase jury award of inadequate damages

No

Question 3

Which court can order mental examination?

Answer 3

Only the court where the lawsuit is pending

Question 4

When does Burford abstention doctrine apply?

Answer 4

It applies when declaratory or injunctive relief is sought in federal court

FC can abstain when relief interfere with a complex state regulatory scheme
- serves an important state policy
- provides for timely and adequate judicial review by the state’s court

Question 5

What is the standard for a court to determine whether to grant a motion to modify final pretrial order?

Answer 5

Only to prevent manifest injustice

Question 6

What is the standard for a court to determine whether to grant a motion to amend pleadings?

Answer 6

if justice so requires

Question 7

What is the standard for a court to determine whether to grant a motion to modify pretrial order?

Answer 7

For good cause