SUMMARY JUDGEMENT Flashcards
Adjudication, what are the main areas?
- pretrial adjudication
- adjudication at trial
- trial and post adjudication (special motions)
PRETRIAL ADJUDICATION: which one are the 2 most important motions?
- 12(b)(6) motion to dismiss for failure to state a claim
- summary judgment rule 56
Explain Rule 12(b)(6) - Motion to dismiss for failure to state a claim.
o The court does not look at evidence, but only at the face of the complaint, and when looking at the face of the complaint, the court follow the test that was set in “Twombly and Iqbal”:
Ignores conclusion of laws but focus on allegations of facts,
Those facts must support a plausible claim, not just mere possibility, and
To determines plausibility the judge uses her own experience and common sense (very subjective).
o If the court grants the motion to dismiss with leave to amend or without prejudice, then that plaintiff has a second chance and can try again.
Summary Judgement R56
We only look at the complaint and look at if the plaintiff stated enough facts to back up a plausible claim. The purpose to put out cases in which we do not need a trial.
We go to trial for one reason, which is to resolve dispute of fact.
Standard – a party moving for summary judgment must show two things:
1. There is no genuine dispute on a material fact, and
2. That she is entitled to judgement as a matter of law.
Note: even if you meet the requirements for SJ under R56, there is no right to have this granted, it is discretionary by the court.
- In SJ court usually does look at evidence. Evidence are given to the court by writing statements under oath (affidavits, declarations), deposition testimony under oath, answers to interrogatories under oath. Pleadings are not evidence, unless they are verified.
- Court can also consider admissions.
Dismissal Rule 41
- Notice of voluntary dismissal
- Stipulation of dismissal
- Voluntary dismissal by court order
- Involuntary dismissal.
ADJUDICATION AT TRIAL
1.Right to a Jury Trial
2. Selection of a jury
Right to a Jury Trial
- Seventh amendment
- important facts about the right to a jury + Terry test
- new doctrine in Beacon Theatre v. Westover
Terry Test
Looks to English common law, asks whether juries would have been allowed in English “courts in 1791”?
o Is the claim asserted analogous to a claim that existed in 1791? Usually, the answer is yes.
o Focus on the remedy sought: remedy at law (compensatory damages) and equitable remedies (injunction or specific performance, rescission).
Beacon Theatre v. Westover
New doctrine determined in Beacon Theatres Inc v. Westover
1. court determines the jury right, issue by issue,
2. if the issue of fact to be determined involves both a legal issue and an equitable issue, you get a jury.
3.the legal issues must be first resolved by a jury before the equitable issues may be resolved by the judge.
The selection of a jury
Jury is selected thru the voire dire process to select the final jury. Each party will have a chance to challenge the jury. There are two types of challenges:
- Challenge for cause: no limitations on how many challenges (there is a specific cause why that juror shoud not be part of the jury – ex. Bias)
- Peremptory challenge: limited to only 3. Peremptory means you do not have to justify or provide a reason to dismiss a potential juror.
TRIAL AND POST-TRIAL MOTIONS (special motions)
- JMOL 50(a)
-RMOL 50(b)
-MOTION FOR NEW TRIAL 59(a)
Rule 50(a) - Motion for judgment as a matter of law (JMOL)
a. also known as directed verdict and it is discretionary.
b. Standard 50(a)(1) - we will grant JMOL (not let the jury decide) if:
i. the judge decides that reasonable people could not disagree on the result, and
ii. only after both parties have been fully heard.
Rule 50(b) - Renewed Motion for Judgment as a matter of law (RMOL/JNOV)
a. Same as JMOL but it comes up later. The court denies the motion for JMOL and let the case go to the jury but the jury returns verdict for one side so judgment is entered and now the losing party makes an RJMOL motion. If it is granted. It takes the victory away from the party who won at trial and enter victory the other side (extreme).
Rule 59(a)(1) Motion for a New Trial
a. It takes the victory away from one side and it starts over (less radical).
b. The trial judge is convinced there was a mistake in the first trial and it affected the outcome, rather than let it go to appeal, they fix it and grant a new trial. It can be that judge made a mistake or jurors were bribe.
Timing
- you must move for RJMOL within 28 ays after entry of judgment.
- To move for RJMOL, you must have moved for JMOL at a proper time at trial (after the other side have been heard) otherwise it is waived.
