Rest of chapters

Question 1

What was the old scope of discovery?

Answer 1

a non-privileged matter that reasonably calculated to lead to the discovery of admissible evidence.

Question 2

What was the new scope of discovery?

Answer 2

any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case

Question 3

What does Federal rule 26 require parties to disclose?

Answer 3

basic information relating to evidence they will use at trial, damages, and insurance.

Question 4

What are the forms of discovery?

Answer 4

—interrogatories
—requests to produce or inspect
—subpoenas duces tecum
—oral depositions
—written depositions
—physical and mental examinations
—requests for admission

Question 5

What kind of information is shielded from discovery?

Answer 5

—attorney-client privilege
—spousal privilege
—doctor-patient privilege

Question 6

What are the discovery exemptions?

Answer 6

attorney work product exemption
client investigatory exemption

Question 7

When must the privileges and exemptions be raised?

Answer 7

before the deadline for responding to the discovery request

Question 8

What are the three types of dismissal?

Answer 8

Voluntary dismissal, involuntary dismissal, and dismissal for failure to state a claim

Question 9

What does a court look for in a motion for judgement on the pleadings?

Answer 9

looks only to the nonmovant’s
pleadings to determine if that pleading has stated a claim or defense

Question 10

What two things does a movant need to show for summary judgement?

Answer 10

there is no genuine issue of material fact, and
movant is entitled to judgment as a matter of law

Question 11

How does a defendant show there are no genuine issues of material fact?

Answer 11

assuming all of nonmovant’s fact allegations to be true
b. negating portions of nonmovant’s essential fact allegations (Adickes)
c. pointing to the record, after a reasonable time for discovery, and alleging
that non movant lacks sufficient evidence to support an essential element of
her case, upon which nonmovant has the burden of proof at trial.

Question 12

How can the non movant defeat the motion for summary judgement?

Answer 12

Create a fact dispute or show that the law does not entitle the movant to a judgement

Question 13

How does the defendant create a fact dispute that will prevent summary judgement?

Answer 13

offers opposing evidence on which reasonable minds could differ

Question 14

What are the trial issues of law and fact governed by in federal court?

Answer 14

a pre trial order

Question 15

What are the trial issues of law and fact governed by if there is no pre trial order?

Answer 15

the latest pleadings

Question 16

What are the two types of challenges to prospective jurors? and their definitions

Answer 16

Challenges for cause- reasonable cause exists to
excuse that person from jury service based on a possibility of prejudice against one
of the parties, or some other bias in the case
Peremptory challenges- allow the parties a limited number of “strikes” to excuse prospective jurors for no stated reason.

Question 17

What is invoking the rule?

Answer 17

Asking the court to order all witnesses other than parties to leave the room

Question 18

What can a defendant do if he has the burden of proof on all remaining issues?

Answer 18

He can move for the right to open and close

Question 19

If the motion for judgement as a matter of law is denied after the plaintiff’s claim, what happens then?

Answer 19

The defendant presents his case with evidence and then either the plaintiff or defendant can move again for judgement as a matter of law

Question 20

What is it called when a defendant moves for a judgement as a matter of law after the jury returns its verdict?

Answer 20

judgement not withstanding the verdict

Question 21

A trial judge may grant a new trial on what four grounds?

Answer 21

—trial error
—newly discovered evidence
—misconduct
—result contrary to the great weight of the evidence

Question 22

What is remittitur?

Answer 22

orders a new trial unless plaintiff accepts a lesser amount of damages

Question 23

What is additur?

Answer 23

orders a new trial unless defendant agrees to pay extra damages, this is unconstitutional as a violation of the right to a jury trial

Question 24

A new trial may be granted for newly discovered evidence if the following conditions are met

Answer 24

the new evidence was discovered after the first trial
— the new evidence was not discoverable by reasonable diligence prior to the first
trial
—the new evidence is not merely cumulative
—the new evidence will probably produce a new result

Question 25

What are three methods for challenging a judgment based on newly
discovered evidence or fraud?

Answer 25

Motion for a new trial
Motion for relief from judgement
A new lawsuit

Question 26

What kind of trial error do you have to have to receive appellate review

Answer 26

a trial error that was properly preserved by a timely objection

Question 27

How does an appellant preserve error?

Answer 27

objecting at the time of the error,
b. stating the grounds for the objection,
c. making known to the court the action desired, and
d. obtaining a ruling on the objection

Question 28

What is the standard of review for appellate courts reviewing a trial judge’s finding of fact in a non-jury trial?

Answer 28

clearly erroneous

Question 29

What is claim preclusion?

Answer 29

prohibits the same parties from relitigating the same cause of action after there has been a final judgment on the merits.

Question 30

What are the elements of claim preclusion?

Answer 30

same claims, same parties, a valid and final judgement

Question 31

What is issue preclusion?

Answer 31

if an issue is actually litigated, decided, and essential to the decision, the losing party may not relitigate such issue in a subsequent proceeding.