Resolution without trial

Question 1

Default Judgment: Rule 55(a)

Answer 1

1.Get the court clerk to enter a default on the docket. [This is known as an “entry of default.”]

Question 2

Default Judgment: Rule 55(B)

Answer 2

From the clerk. Rule 55(b)(1)
i.If the pl’s claim was for a sum certain; and if pl has provided an affidavit of damages due; and if the D has been defaulted for a failure to appear; and if the D is not a minor or an incompetent person

Question 3

Default Judgment: Rule 55(b)(2)

Answer 3

b. From the court.
i. You have to apply for a default judgment with the court (make a motion
ii. There are special rules for the representation of a minor or incompetent person
iii. If the other side has made an appearance, you need to give the other side at least 7 days written notice before a hearing on the application for a default judgment.
iv. At the hearing, the court can basically do whatever it wants to satisfy itself that:
1. The pl’s claim is legitimate
2. To determine the appropriate amount of damages
v. The court has a lot of discretion as to whether or not to enter a default judgment – they are not automatically granted

Question 4

Peralta

Answer 4

1. Had to show he had a meritorious defense to the action
2. Had to show he was prevented from proving his defense by fraud, accident, or wrongful act of the opposing party.
3. There was no fault or negligence on his part

Question 5

Dismissal: Involuntary

Answer 5

1.Court my involuntarily dismiss the pl’s case when the pl: fails to prosecute the case; fails to comply with the rules of civ pro; or fails to comply with an order of the court. See rule 41(b)

Question 6

Dismissal: Voluntary

Answer 6

1.Potential reasons: settlement; recognition the claim lacks merit; to correct a pleading; to defeat diversity by joining non-diverse parties and refilling in state court; to refile in a different jurisdiction (better judge, better choice of law rules); to avoid or delay discovery

Question 7

SUMMARY JUDGMENT: Rule 56(a)

Answer 7

1.Summary judgment shall be granted by the judge when the record of the case demonstrates that “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”

Question 8

SUMMARY JUDGMENT: Celotex Corp. v. Catrett

Answer 8

1. Issue: who has the burden of coming forward with the evidence
   a. Did the company have to prove the evidence that Mrs. Catrett’s husband did not come into contact with Celotex’s asbestos? OR
   b. Could Celotex merely point out that Mrs. Catrett had not provided evidence that her husband came into contact with Celotex’s asbestos and then force Mrs. Catrett to demonstrate to the judge evidence she has showing her husband came into contact with Celotex’s asbestos?
   i. Go with b.

Question 9

SUMMAR JUDGMENT: iii. Bias v. Advantage

Answer 9

1.Parents claim that their son’s agent was supposed to, but did not, get a 1 million dollar insurance policy. Then their son died. Parents, coach, and drug tests said not a drug user. Other players said yes. Parents wouldn’t go to the parties.