Resolve without trial

Question 1

what is a preliminary injunction

Answer 1

maintains status quo of case until it goes to trial

Question 2

what is a temporary restraining order (TRO)

Answer 2

preserves status quo of case until a preliminary injunction hearing can be held

Question 3

ex parte means

Answer 3

decision is one decided by a judge without requiring all of the parties to the dispute to be present.

Question 4

court issues TRO ex parte only if

Answer 4

1. party files paper under oath saying that if a TRO is NOT issued and they have to wait until the other side is heard, they will suffer immediate and irreparable harm
2. party’s lawyer certifies in writing their attempt to give other side written or oral notice

Question 5

if ct issues TRO, notice to other side must be given

Answer 5

ASAP

Question 6

how long is a TRO effective

Answer 6

14 days BUT can extend an additional 14 days for good cause BUT cannot be more than 28 days

Question 7

if TRO goes beyond 28 days, then

Answer 7

it can be treated like a preliminary injunction

Question 8

who is the burden on for a preliminary injunction

Answer 8

applicant

Question 9

list (4)

what must the applicant show for a preliminary injunction

Answer 9

1. irreparable harm if injunction not issued
2. applicant is likely to win on the merits of the case
3. balance of hardship favors the applicant
4. injunction is in the public interest

Question 10

what is Summary judgment

Answer 10

is a judgment entered by a court for one party and against another party without a full trial.

Question 11

P can voluntarily withdraw a case

Answer 11

before D serves an answer or motion for summary judgement

Question 12

who enters default

Answer 12

court clerk

Question 13

does default happen automatically

Answer 13

NO

P must move for entry of default

Question 14

until a default is entered the D can respond by motion or answer

Answer 14

EVEN BEYOND 21 days

Question 15

does default automatically entitle P to relief

Answer 15

NO P must then seek a default judgement

Question 16

list (4)

how to get a DJ

Answer 16

CLERK can enter a DJ if

1. D has made no response at all
2. claim itself is for certain sum of money
3. P gives an affidavit (sworn testimony) at sum owed
4. D is not minor or incompetent

if one of the above are false, then P has to apply to COURT for the DJ

Question 17

what can D do in respond to a default or DJ

Answer 17

they can file a motion to set aside default or DJ

Question 18

what must the D show for a default or a DJ

Answer 18

1. good cause
2. viable defense

Question 19

if the P fails to state a claim, D

Answer 19

can file a motion to dismiss for failure to state a claim aka motion 12(b)(6)

Question 20

when is a motion for SJ used

Answer 20

after case has been filed and P has survived any rule 12 motions

SJ weeds out cases where no trial is necessary

Question 21

party moving for SJ needs to show

Answer 21

1. no genuine dispute of material fact
2. party is entitled to judgement at a matter of law

Question 22

who can move for SJ

Answer 22

any party

Question 23

how many days to move for SJ

Answer 23

30 days after close of discovery