Dispositions without trial
What are the three types of voluntary dismissal?
1. notice
2. stipulation
3. court order
What amendment governs the right to a jury trial for civil cases?
The Seventh Amendment
What are the 4 types of JML?
1. R.12(b)(6)
2. R.56
3. R.50(a)
4. R.50(b)
What rule governs new trials and when must you move for a new trial?
R.59 and no later than 28 days after entry of judgment
What are the three required disclosures?
26(a)
1. Initial disclosure
2. Expert testimony
3. Pretrial disclosure
What are the three types of involuntary dismissal?
1. Plaintiff fails to prosecute
2. Plaintiff fails to follow the rules
3. The court grants a R.12(b)(6) motion
How many challenges do you have during voir dire?
1. unlimited for cause
2. 28 USC 1870 provides each party 3 preemptory challenges (never race or gender)
What is a R.50(a) motion?
no reasonable jury could find the facts necessary for the nonmoving party to win and that judgment should therefore be entered in the moving party's favor as a matter of law.
What are the 3 categories of error that might trigger a new trial?
1. weight of the evidence errors
2. process errors
3. new evidence
What is the scope of discovery?
1. matter relevant to any claims or defenses, and
2. non-privileged, and
3. proportional to the needs of the case
What are the steps for a R.56 motion?
1. ID the law
2. Show there is no genuine dispute of material fact
When must a party demand a jury trial?
14 days after service of the last pleading
How does a judge decide to grant a R.50 motion?
A party has failed to offer a legally sufficient evidentiary basis to support a judgment in her favor (only one conclusion). Without weighing the credibility of the witnesses, the court considers the strength of the nonmoving party's evidence relative to the moving party's evidence (weighing the evidence).
What are the exceptions to the final judgment rule?
2. certified questions under 1292(b)
3. Injunctions
4. class action certifications
5. R.54(b)
6. Collateral orders
How can a requesting party obtain work product? What can you never obtain?
Hickman v. Taylor
1. substantial needs
2. undue hardship
Never obtain mental impressions, conclusions, legal theories, and opinions.
When can you file a R.56 motion (time)?
Any time up until 30 days after the close of discovery.
What is a Batson Challenge (3 steps)?
1. Challenger-- prima facia case of race or gender discrimination
2. Other party-- race/gender neutral explanation
3. Challenger-- pretextual (not the real reason)
When can a party appeal a R.50(a) motion?
If they renewed their motion pursuant to R.50(b).
What are the different standards of appellate review and when are they applied?
1. de novo-- questions of law
2. clearly erroneous-- fact finding by judge
3. abuse of discretion-- discretionary order
4. reasonableness-- jury verdicts
What are the elements of spoliation?
1. the party with control had a duty to reserve
2. destroyed due to culpable mental state
3. destroyed evidence was relevant
When is the point of no return for a notice under R.41?
1. Answer, or
2. Motion for summary judgment
How do you apply the seventh amendment to new statutory rights?
1. Is the claim analogous to one that would have been brought in equity or at law under traditional practices?
2. Does the plaintiff seek relief that was traditionally available at law or in equity?
Why are courts reluctant to grant R.50(a) motions?
Avoid the risk of time-consuming and expensive retrials
What are the two types of preclusion? Bonus points for elements
1. claim preclusion-- cannot relitigate claims that were fully litigated in a previous case
2. issue preclusion-- cannot relitigate an issue that was decided in an earlier action
Name all the discovery rules (no subsections)
R.26-- general discovery provisions
R.30-- depositions
R.33-- interrogatories
R.34-- Request for documents
R.35-- mental and physical examinations
R.36--Requests for admissions
R.37-- failure to disclose