weak MBE areas

Question 1

erie doctrine

Answer 1

if there is federal law on point, apply the federal law. there is no federal common law, so this must be a statute or based on constitution (based on supremacy clause)

if there is no federal law, apply state substantive and federal procedural. conflict of law, SOL, tolling SOL, and standard for damages are all substantive. if it is none of those, look to outcome determinative, balance of interest, and avoiding forum shopping to determine if it is substantive.

sometimes the conflict of law rules of the state determine which substantive law applies

Question 2

motion for failure to state a claim

Answer 2

made before answer – if made after answer, then it is called motion for judgment on the pleadings.

considerations: ignore legal conclusions, only look at allegations of fact on the face of complaint and ask, do these facts state a plausible claim? Judge uses common sense and experience. judge may allow amendment to correct

Question 3

motion for summary judgment

Answer 3

used after case has been filed and P has survived rule 12 motions

we are IN litigation, but trial may not be needed because there is no dispute of material fact so the moving party is entitled to judgment as matter of law – court has discretion always though

timing: no later than 30 days after close of discovery
considerations: view evidence in favor of nonmoving party, parties may proffer evidence, court may delay ruling to gather evidence - no assessment of credibility

Question 4

judgment as matter of law/directed verdict

Answer 4

applies in jury trials
if granted, the judge grants the motion and renders verdict
the motion is based on evidence presented at trial
standard: reasonable people could not disagree on the result
it is similar to SJ but at trial
timing: after adverse party has been heard

Question 5

renewed JMOL

Answer 5

same standard as JMOL, but after trial
if entered, the court entered judgment for party that lost the jury verdict
timing: must be within 28 days after entry of judgment and can only be made if JMOL was raised at trial

alternative to JMOL is moving for a new trial based on judgment against weight of evidence

Question 6

motion for new trial

Answer 6

28 days to move for new trial

Question 7

additur

Answer 7

not allowed in federal court - barred by 7A

Question 8

offer of judgment

Answer 8

D can submit formal offer to settle case up to 14 days before trial

this rule contains a cost-shifting provision that applies when P rejects an offer to settle and does not do as well at the trial as the offer

Question 9

motion for relief of judgment reasons/timing for filing

Answer 9

clerical error - can be done at any time
mistake, excusable neglect - reasonable time, never more than one year
fraud, misrepresentation, misconduct - reasonable time, not more than 1 year
newly discovered evidence - reasonable time, not more than 1 year
judgment void for lack of PJ, SMJ, etc. - any time as long as reasonable

Question 10

final judgment rule

Answer 10

a losing party has right to appeal if court order is final. a final order is one that determines the merits of the entire case. a court has determine the merits of the case where there is nothing left for them to decide

Question 11

exceptions to final judgment

Answer 11

interlocutory appeals of injunctions as matter of right: orders granting, modifying, or refusing preliminary or perm injunctions are reviewable as matter of right

interlocutory appeals act: allows appeal of nonfinal order if the district judge certifies that it involves controlling issue of law, as to which there is substantial ground for difference of opinion, and the court of appeals agrees to hear it

multiple claims, multiple parties

class action

extraordinary wirt