Wrong Answer Rules Flashcards
Under Rule 60(b)(4)-relief from a judgment-a judgment is considered void if:
it has a fundamental flaw, such as a lack of jurisdiction or a significant due process violation. This type of defect is so serious that it can be challenged even after the judgment is final.
True or False: Under Rule 60(b)(4)-relief from a judgment, there is NO relief in situations where a party’s conduct was reasonable in the underlying action
True.
If the source of a federal procedure is the Federal Rules of Civil Procedure, the court must apply the federal rule UNLESS the federal procedure
abridges, modifies, or enlarges a substantive right or a right that affects the primary activity of citizens.
True or False: There is no rule stating that sanctions can only be granted after discovery.
True.
For the purposes of diversity jurisdiction, a corporation is a citizen of the state in which it is:
- incorporated;
AND
- principal place of business(Supreme Court has defined this to be headquarters).
res judicata/claim preclusion, prevents relitigation of a claim or all claims:
- between the same parties and those who are in privity with them;
- arising out of the same transaction or occurrence; and
- that were determined on the merits by a court with proper subject matter and personal jurisdiction.
What is collateral estoppel/issue preclusion?
prevents relitigation of issues that were fully and fairly litigated and were necessarily decided in a proceeding that reached a final judgment on the merits.
True or False: Collateral estoppel may not be used against a party in a previous case against someone in subsequent case who was not a party to the first action.
True.
A party may move for judgment as a matter of law:
AFTER the other party closes his or her case.
True or False: for an expert’s report, facts known to and opinions held by experts retained in anticipation of litigations and expected to testify at trial are discoverable.
True.
A FINAL pretrial order may be ONLY to:
prevent manifest injustice.
A moving party MUST show __________to have a scheduling order modified.
“good cause”
Under 54(b), if an action includes federal-law AND state-law claims that involve overlapping facts and evidence, the court will:
typically NOT enter a final, appealable judgment on the claim that has been resolved. This practice is to avoid duplication of effort in the appellate and trial courts.
This also includes when the resolution of some claims was by summary judgment.
To obtain a discretionary interlocutory appeal, the party seeking to appeal MUST apply:
to both the district and appellate courts to meet the statutory standards.
Under the Erie doctrine, a federal that has jurisdiction over a state law claim through _____ or ______ jurisdiction MUST apply ________
Diversity or SUPPLEMENTAL
substantive law of the state where the court sits.
once discovery is complete, a party has ______ to file a motion for summary judgment
30 days
a court will dismiss a complaint under FRCP 12(b)(6) in the following circumstances:
- the complaint fails to state a cognizable claim
- the complaint provides insufficient facts; or
- the complaint contains an allegation that negates one or more elements of the cause of action.
Actual bias exists where a potential juror has indicated voir dire that he would use:
predetermined beliefs to decide the case, instead of deciding the case on the facts.
5 situations that require pleading with particularity:
- capacity or authority to sue, but only when required to show the court has jurisdiction;
- fraud, mistake, or condition of the mind;
- conditions precedent, but only when denying the condition has occurred;
- time and place, when testing the sufficiency of a pleading; and
- special damages that would not naturally flow from an injury.
Domicile requires the person to have BOTH:
- physical presence in the state
and
- intent to remain in that state indefinitely.
Importantly, the person’s intent has to coincide with the person’s physical presence in the state.
True or false: when a case is originally filed in a proper venue, 1404(a) allows court-to-court transfers of federal cases from one federal district to another for the convenience of parties and witnesses.
True.
When deciding which jurisdiction’s preclusion law applies, courts will apply the preclusion law of:
the forum whose court rendered the earlier judgment.
If the earlier judgment was rendered by a federal court that had federal question jurisdiction:
federal preclusion law applies
If the earlier judgment was rendered by a state court:
that state preclusion law
applies, under the Full Faith and Credit Clause
If the earlier judgment was rendered by a federal court
having diversity jurisdiction:
. If the earlier judgment was rendered by a federal court
having diversity jurisdiction, federal preclusion law applies, BUT federal law calls for applying the preclusion law of the
state in which the federal court sits. S
In order to raise the inadequacy of instructions on appeal, a party who wishes to make an objection to the instructions must do so BEFORE:
the jury retires
Under FRCP 51(c), a party who objects to an instruction or the failure to give an instruction must state on the record the objection:
i.) stating distinctly the matter objected to; and
ii.) grounds for the objection.
In other words, the objecting party must give the trial judge a chance to reconsider and correct his mistake.
True or False: for the purposes of rule 19, a potential defendant who might be jointly and severally liable is not a required party.
True.
Motion for a new trial may be made for errors concerning:
- admissibility of evidence;
- jury instructions;
- juror misconduct;
- excessive or inadequate verdicts; or
- if the verdict is against the manifest weight of the evidence.
A court may ONLY transfer from an improper venue to a new venue that:
would have been proper ORIGINALLY.
It doesn’t matter if parties consented to new venue.
Motion for Judgment on the pleadings
appropriate when the pleadings themselves reveal no factual disputes and judgment can be rendered as a matter of law without considering evidence beyond the pleadings.
Rule 15(d) allows a party to file a supplemental pleading to address events that occurred
It is used to include:
AFTER the original pleading was filed.
new facts or developments that are related to the original claims or defenses but were not available at the time of the initial filing.
True or false: Federal common law may apply when the basis for the federal district court’s jurisdiction is diversity.
For example,
federal common law governs when a federal court sitting in diversity issues a judgment and a state court must later
decide the preclusive effect of the earlier judgment on the current claim.
True.
Rule 11
When the lawyer files a pleading, he is certifying that to the best of his knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
- the pleading is not presented for an improper purpose;
- the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; AND
- the factual contentions have evidentiary support, or if specifically so identified, are reasonably based on belief or a lack of information
True or False: Even conditional or uncertain intent to remain indefinitely in a state can establish domicile if the person has physically moved there.
True.
there might be sufficient evidence for a judge to deny a motion for judgment as a matter of law on the ground that a reasonable
jury could find for the other party, yet a judge could grant a motion for a new trial if she thought the jury’s verdict was
deeply flawed.
True.
De Novo Review (No Deference)
The appellate court gives no deference to the trial court’s decision.
It reviews the issue as if it were deciding it for the first time.
Used for pure legal issues, including:
-Interpretation of statutes, contracts, or constitutional provisions
-Summary judgment rulings (since they involve legal determinations)
-Decisions on motions to dismiss for failure to state a claim (Rule 12(b)(6))
-Choice of law determinations in diversity cases
Clear Error (Highly Deferential – Factual Findings)
Used when reviewing a trial court’s findings of fact.
A factual finding is clearly erroneous only if the appellate court is left with a definite and firm conviction that a mistake has been made.
Applies in:
-Bench trials (judge-made factual determinations)
-Credibility determinations of witnesses
-Historical fact-finding in constitutional cases
Under FRCP 52(a)(6), the trial judge’s findings of fact will not be disturbed on appeal unless they were
“Clearly erroneous.”
An appellate court will conclude that a finding was “clearly erroneous” if it has a definite and firm conviction that a mistake has been committed.
Abuse of Discretion (Most Deferential – Discretionary Decisions)
Used when reviewing trial court decisions that involve discretion.
An appellate court only reverses if the decision was arbitrary, unreasonable, or based on an incorrect application of law.
Applies in:
-Evidentiary rulings
-Rulings on motions for continuances, mistrials, and amendments to pleadings
-Sentencing decisions in criminal cases
-Discovery sanctions
