Set 3

Question 1

What is the most immediate way for relief to be avoided?

Answer 1

Move for a new trial

Question 2

What is the proper context to use a JMOL?

Answer 2

When arguing
1) evidence presented is so 1 sided
2) mover is entitled to JMOL

Question 3

What are the mistakes a motion for relief from judgement allow?

Answer 3

Usually like
1) allowing a default judgement to be entered
2) judicial mistakes in the entry itself

Question 4

What are not treated as errors under a relief from judgementt?

Answer 4

Judicial errors like admitting evidence improper;y

Question 5

What is a relief from judgement grounds in criminal civil law?

Answer 5

Relief from civil judgement
2) if criminal case it was based on
3) was reversed and vacated

Question 6

How much notice are you required to have at least if you appear in an action and are facing a default judgement?

Answer 6

At least 7 days.

Question 7

When can a trial judge’s finding of fact be set aide

Answer 7

When they are clearly erroneous

Question 8

What must a judge do when a case is tried to the court?

Answer 8

1)find the facts specially
2) and state conclusions of law seperately

Question 9

In relation to proposed findings and closuions, what is a judge required to do?

Answer 9

Nothing

Question 10

What does claim preclusion prevent?

Answer 10

A claimant from splitting his cause of action.

Question 11

When a claimant loses a judgement, what does claim preclusion bar?

Answer 11

All possible grounds for relief
2) arising out of the same transaction or occurrence

Question 12

Although claim preclusion typically operates to prevent relitigation, what else may it protect?

Answer 12

Entities that are in privity with already decided claims.

Question 13

When is the defense of issue preclusion utilized?

Answer 13

When claim preclusion has failed

Question 14

What must a federal court give a state court verdict?

Answer 14

Full faith and credit by giving effect rendering state would give.

Question 15

Answer 15

Question 16

Because fed courts must give full faith and credit of a state court juris., what does that mean to a litigant who was dismissed with prejudice in state court seeking to bring it in federal?

Answer 16

Fed court must give it the same preclusive effect as it would have in state court.

Question 17

What is dismissal for failure to operate?

Answer 17

Generally an adjudication on the merits.

Question 18

What must a trial court/Appellate court do for an interlocutory appeal to go forward?

Answer 18

1) Trial court must certify it’s appropriate for appeal
1) appellate court must agree to take it

Question 19

Which court is empowered to determine an interlocutory appeal is appropriate for appellate review?

Answer 19

The district court.

Question 20

What is a collateral order?

Answer 20

A final determination
2) of a matter
3) separate from the rights
4) asserted in an underlying action

Question 21

When will a court not enter a final judgement over a resolved issue in a case?

Answer 21

When there is overlap between resolved and unresolved claims
2) so as to avoid appellate duplication

Question 22

When is appeal allowed under the final judgement rule?

Answer 22

When there is a final judgement
2) on the meris
3) of the entire action

Question 23

Can a party ask a court to certify a final judgement as to an unresolved claims? When?

Answer 23

Yes
1) when it is separate and distinct
2) from the unresolved claims
3) and does not over lap between state and federal

Question 24

Why is evidence within the trial courts discretion?

Answer 24

It requires an understanding of the entire case/factual context in which it’s being offered

Question 25

In a bench trial, what standard does an appellate court apply to a trial’s finding of fact?

Answer 25

Clearly erroneous

Question 26

What standard does trial court decisions on pure issues of law get?

Answer 26

De Novo.

Question 27

When does the harmless error standard get used and what does it consider?

Answer 27

1) if admitted evidence was found an abuse of discretion
2) Did the error affect any party’s substantive rights?

Question 28

On motion, what types of prejudicial errors can a judge order a new trial to cure?

Answer 28

1) evidentiary ruling
2) improper jury instructino
3) juror misconduct

Question 29

On new trial motions what may the trial court do?

Answer 29

1) weigh evidence/credibility
2) need not view evidence in light most favor
3) to prevailing party