Themis Essay 4614

Question 1

A notice of appeal must be filed within

Answer 1

30 days after entry of a final order, and that period is not interrupted by the filing of a motion for a new trial or a motion to vacate.

Question 2

Any party may move for summary judgment

Answer 2

after the parties are at issue (i.e., after responsive pleadings have been filed.)

Question 3

At the conclusion of the plaintiff’s presentation of evidence at trial,

Answer 3

a defendant may move to strike the evidence presented by another party.

Question 4

In support of or challenge to a summary judgment motion, a party may rely on

Answer 4

the pleadings, pretrial orders, admissions, interrogatories, and documents produced through discovery.

Question 5

A party generally may not rely on a discovery deposition in support of a summary judgment motion unless:

Answer 5

(i) all parties to the action agree, (ii) the action is only between business entities and the amount at issue is $50,000 or more, or (iii) the plaintiff is seeking punitive damages.

Question 5

Jurisdiction goes to the

Answer 5

core power of a court to make a binding adjudication on the issue.

Question 6

An objection to subject matter jurisdiction can be raised

Answer 6

at any time during the litigation or appeal, because jurisdiction is a matter of the court’s power to decide a case.

Question 7

Parties do not waive an objection to subject matter jurisdiction by

Answer 7

failing to raise the issue in the Answer.

Question 8

A ruling by the trial court is not a basis for reversal unless

Answer 8

an objection is stated with reasonable certainty at the time of the ruling, except for good cause shown or to enable the Supreme Court to attain the ends of justice.

Question 9

Collateral estoppel bars the parties from re-litigating a particular factual issue once

Answer 9

it has been actually litigated between the same parties; both parties are bound in later litigation by the fact finding of the first action.