Civil Procedure
The standard of review on appeal of summary judgment.
What is de novo?
Same issue of fact or law, actually litigated and determined, essential to the judgment, and valid & final judgment.
What is issue preclusion?
This method of challenging a trial court's decision involves a written brief and oral arguments before a higher court, but does not involve a new trial.
What is an appeal?
21 days after service of the answer
What is the time period within which a party may amend a pleading once without permission of counsel or court.
(1) abuse of discretion, (2) clearly erroneous, and (3) de novo
What are the 3 standards of review?
Plead with particularity as to how damages resulted from the defendant's conduct.
What is a claim for special damages or emotional distress?
No later than 14 days after least pleading directed to the issue.
What is the time period to demand a jury?
Notice of appeal filed with district court 30 days from the the entry of judgment.
What is the procedure for a appeal?
A jury must begin with at least 6 & no more than 12 members.
What is the number of members that must serve in a jury?
When parties share a similar legal identity or a similar close tie.
What is privity?
A short and plain statement of the court grounds for jurisdiction, A short and plain statement of the claim for relief, and demand for relief.
What are the complaint requirements in FRCP Rule 8(a)?
A time period that allows the opposing party to withdraw an offending pleading within 21 days after he is served with the motion for sanctions.
What is the safe harbor provision?
Authority to enter a judgment in cases where all of the claims in the pleading are for a sum certain and against a defendant who has been defaulted for not appearing.
What is the requirement for a clerk to enter default judgment?
Prohibits relitigation of lawsuits involving the same cause of action and the same parties if the court has entered a final judgment on the merits.
What is claim preclusion?
A defendant's or lawyer's objection to a proposed juror, made without needing to give a reason. (3 each party in civil cases).
What is a peremptory challenge?
Considering the importance of the issues at stake in the action, the amount in controversy, the parties’ relative access to relevant information, the parties’ resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.
What does the court weigh when determining whether something is within the scope of discovery?
A complete statement of all opinions, the facts or data considered, exhibits, the witness's qualifications and publications authored in the previous 10 years, other cases in which expert testified in the last 4 years, and statement of the compensation.
What does a testifying expert disclose in their report?
A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.
What is a joinder of claims?
By filing a notice before the opposing party serves either an answer or a motion for summary judgment or a stipulation of dismissal signed by all parties who have appeared.
What is a voluntary dismissal without a court order?
A written order to compel an individual to give testimony on a particular subject, often before a court.
What is a subpoena?
Pleading, production, persuasion.
What are the litigation burdens?
The process through which potential jurors are questioned by either the judge or a lawyer to determine their suitability for jury service.
What is voir dire?
If deponent fails to answer question, party fails to answer one or more interrogatories, or party fails to respond to one or more document requests what can a party file?
What is a motion to compel?
Nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.
What is sanctions?
A party can amend 21 days after serving it, or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.
What is the number of days a party has to amend a pleading?