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Civil Procedure Final Questions &Exam (elaborations) answers 100% satisfaction guarantee
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STUVIA 2024/2025Civil Procedure Final
-adverse interlocutory rulings that went against the party that ultimately prevailed on the final
judgment
-harmless errors
-interlocutory decisions if the adversely affected party failed to enter a timely objection to the ruling
before the trial court
-jury findings of fact (but judge findings of fact in a bench trial are reviewable)
-the sufficiency of the evidence in the absence of a post-judgment motion for JMOL. - ✔✔what is not
reviewable by the appellate court?
-damage awards are excessive
-the conduct of the trial was somehow unfair
-substantial legal errors of evidence
-the discovery of new evidence provided that it existed at the time of trial, was not overlooked due to
lack of diligence, and would not have been admissible and material to the case. - ✔✔other grounds
for granting a new trial
-de novo
-clear error
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-abuse of discretion - ✔✔3 standards of review
-facts must be presumed true for the pleading (but no conclusory allegations)
-plausibility: facts must show more than a mere possibility that they amount to the claim. - ✔✔What
is the pleading standard for a complaint?
-interlocutory orders that are injunctions
-interlocutory orders if the trial court (1) certifies that the order involves a controlling question of law,
there is substantial ground for difference of opinion, and an immediate appeal from the order may
materially advance the termination of the litigation and (2) the party seeks the appeal within 10 days.
-interim trial court orders that are unrelated to the merits of the action (ex. qualified immunity)
-writ of mandamus - ✔✔exceptions to the final judgment rule (having to wait to appeal)
-mistake
-newly discovered evidence that could not have been reasonably discovered in time to motion for a
new trial
-fraud
-void judgment
-the judgment has been satisfied based on an earlier judgment
-any other justifiable reason. - ✔✔reasons that a court may relieve a party from a final judgment
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, STUVIA 2024/2025
-SJ
-JMOL
-dismissals for failure to state a claim
-default judgments
-dismissals for statute of limitations issues
-settlements - ✔✔what qualifies for judgment on the merits? (claim preclusion)
"forum state defendant rule" : D cannot remove to federal court if sued in the state court in which they
are domiciled. - ✔✔exception to the removal doctrine (federal q jx)
"weight of the evidence" standard;
when the jury's decision is clearly contrary to the evidence
however, if the evidence is overwhelmingly in favor of the movant, an appllate court may direct an
entry of JMOL. - ✔✔standard for granting a new trial
1. a district in which any of the defendants reside, if all defendants are residents of the same state.
2. a district that is home to a substantial part of the events that gave rise to the claim, or a substantial
part of the property.
3. Fallback provision: if the first two fail to produce a possible venue, an action can be brought in any
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district in which any defendant is subject to the court's personal jx. - ✔✔Venue: where may a civil
action be brought? (3)
1. a party asserting that a fact cannot be disputed must support the assertion by either citing to a
particular part of material in the record or showing that the materials cited do not establish the
absence/presence of. genuine dispute.
2. the person bringing the claim has the ultimate burden for relief, but the burden may shift throughout
the process.
the non-movant has the obligation at this stage to show a genuine dispute as to those facts raised by
the movant. - ✔✔who bears the burden of proof in an SJ hearing?
1. admit
2. deny
3. lack knowledge (same effect as denial, factual disput)
4. no response (same effect as admitted, no factual dispute) - ✔✔types of answers/responses
1. allow judgment on the verdict;
2. order a new trial; or
3. direct the entry of JMOL. - ✔✔when a renewed JMOL motion is made, the judge may (3)`
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