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SJ + Trial Flashcards

1
Q

SJ takes place before ___ but after __

A

trial, discovery

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2
Q

Partial SJ can be used to resolve ___

A

individual claims in multi-claim lawsuit

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3
Q

___ of cases that confront SJ survive it

A

less than 50%

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4
Q

For SJ, court supposed to favor __

A

non-movant if inferences must be drawn

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5
Q

Rule about SJ

A

56

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6
Q

56(a)

A

A party may move for SJ for some or all claims/defenses if they can show no genuine dispute as to any material fact and movant entitled to judgment as matter of law

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7
Q

56(c)(3)

A

the court only needs to consider material cited in the motion, but may consider other materials in the record too

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8
Q

SJ is used when agreement on the ____

A

facts, disagree on law only

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9
Q

SJ used when _____ that disposes of case regardless of facts

A

legal affirmative defense

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10
Q

SJ used when total lack of ____ regardless of other factual disputes

A

evidence (or legally sufficient evidence Celotex) on element of P’s claim

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11
Q

SJ used when total lack of ___ AND ___

A

defense, overwhelming evidence establishing P claim

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12
Q

To avoid SJ, factual disputes must be __

A

material

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13
Q

A legal dispute would ___ whereas factual disputes are usually __

A

apply to other similar cases, usually specific to this case

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14
Q

A fact is an ___

A

institutional distinction, what juries decide

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15
Q

Any fact can ____ depending on the judge

A

collapse into law

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16
Q

Typically Ds move for SJ because all they need to show is that P

A

failed to assert genuine issue of material fact through their evidence for their claims

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17
Q

It is much more difficult for Ps to win on SJ because have to convince the judge that they have ___

A

provided sufficient evidence to prove, as a matter of law, their claims

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18
Q

Courts ____ oral arguments on SJ motions

A

often permit

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19
Q

Court accepts potential admissible evidence as ___

A

true at SJ stage

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20
Q

For SJ, the nonmovant _____ when can’t present facts to defeat it yet

A

postpone consideration of the motion

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21
Q

Significance of SJ Case Trilogy

A

signal fed courts more favorable3 to SJ than before, more discretion to knock out cases

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22
Q

Celotex is about

A

moving party only needs to show lack of evidence by P for SJ

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23
Q

Celotex rule

A

A party making motion for SJ doesn’t need to provide affirmative evidence (affidavits) to support its motion

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24
Q

Celotex reasoning 1

A

burden on moving party but can be discharged by “showing” (just pointing out to court) an absence of evidence to support non-movant’s case

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25
Celotex reason 2
No one deposed one witness for P so counts as absence of evidence
26
Significance of Celotex
despite the reasoning, this kind of shifts the burden to the nonmoving party
27
Anderson is a about
same evidentiary standard for SJ as at trial
28
Anderson holding
when standard of proof on element higher at trial, judge should incorporate into SJ holding nonmovant's evidence to same standard
29
Anderson is asking the judge __
to weigh the evidence
30
Matsushita is about
reasonable jury must be able to find for party based on evidence, plausible inferences only
31
Matsushita rule
When record taken as a whole could not lead rational trier of fact to find for nonmoving party, no genuine issue for trial and SJ may be granted
32
Matsushita holds that a judge can determine ___
credibility of an expert
33
Scott v Harris holding
SCOTUS reversed lower court holding video could not allow reasonable jury to find deadly force was not justified
34
Rule 42 is about
separate trials, consolidation
35
42(A)
if actions before the court involve a common Q of law or fact, court may join for hearing /trial , consolidate the actions or issue any other orders to avoid unnecessary cost or delay
36
42(b)
for convenience, to avoid prejudice or expedite, court may order a separate trial, must preserve any right to a jury trial
37
When Q of law, ____ at __
multiple decision makers, multiple leveld
38
When bench trial, ___ of fact
one person decides issues
39
When may D want a jury?
in complicated cases want them confused so make an error
40
Seventh Amendment
suits at common law, trial by jury shall be preserved and no fact tried by jury shall otherwise be re-examined than according to rules of CL
41
Rule about right to trial by jury
38
42
38(a)
right under 7th amendment or as provided by Fed statute is preserved to parties inviolate
43
38(d)
A party waives a jury trial unless its jury demand properly served and filed. A proper demand may be withdrawn only if the parties consent
44
Rule about trial by jury or by the Court
39
45
39(b)
Issues on which jury trial not properly demanded are to be tried by court. when no jury demand made, court may on motion order a jury trial for any issue on whicj jury may have been demanded
46
39(c)
In action not triable by jury court may on motion try any issue with advisory jury or with party consent any issue by jury whose verdict same effect as if jury trial matter of right unless action against US and fed statute provides for nonjury trial
47
Terry is about
2 part trial by jury test
48
Terry rule
Right to jury applies where legal rights are determined. To determine, compare action to 18th century actions brought in England AND whether remedy legal or equitable in nature
49
Terry holding
backpay here legal remedy so entitled to jury
50
Terry historical reasoning
like beneficiary for trustee which is equitable BUT also duty similar to K claim which is legal. Seems like both so doesn't decide either way
51
Caveat of terry historical reasoning
Not majority opinion so not binding
52
Terry reason 2
remedy sought more important than historical context
53
Terry reason 3
backpay and benefits monetary and not incidential to injunctive relief
54
Terry reason 4
Restitution equitable but this isn't restitution because this isn't money wrongfully held by union
55
Terry reason 5
Backpay not always equitable because not always restiutionary so remedy of legal nature
56
Note on Terry
statute can sometimes say if remedy legal or equitable
57
Brennan on Terry
should drop history test and just do remedies
58
Kennedy on Terry
historical test should be dispositive
59
Rule about judgment as matter of law in jury trial
50
60
50(a)
if party fully heard on issue during jury trial and court finds reasonable jury wouldn't have legally sufficient evidentiary basis to find for that party on that issue, court may grant judgment as matter of law
61
Rule about new trial
59
62
59(a)(1)(a)
After jury trial, court may on motion grant a new trial on all or some of the issues to any party for any reason for which a new trial as heretofore been granted in an action at law in federal court
63
A new trial can be issue if flawed ____
procedures that make reversal on appeal likely
64
Google v Oracle held that standard of review is ___
de novo if Mixed Q where law predominantes
65
You can get a new trial if the verdict is _
against weight of the evidence (controversial and rare)
66
You can get new trial if court orders unless P ___ or D ___
remittitur, additur
67
For remittitur, jury award must __
shock the conscience
68
Rule about vacatur
60
69
Vacatur is
relief from judgment or order
70
60(b)
court may set aside the verdict and reopne the case if the party can show mistake, newly discovered evidence, fraud, or any other reason that justifies relief
71
Rule 60 typically has ___ bar
1 yr SoL, except catch-all category

FRCP (18 decks)

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