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Fed. R. Civ. P. 7(a), 8, 12(a).
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1What is a responsive pleading?
What is a responsive pleading?2How long does the defendant generally have to answer the complaint after service of process?
How long does the defendant generally have to answer the complaint after service of process?3In a federal civil case, what are the primary motions that a party may bring based on the pleadings alone?
In a federal civil case, what are the primary motions that a party may bring based on the pleadings alone?4How does serving a Federal Rule of Civil Procedure 12 (Rule 12) motion alter
the time in which the serving party must serve its responsive pleading?
How does serving a Federal Rule of Civil Procedure 12 (Rule 12) motion alter
the time in which the serving party must serve its responsive pleading?5What is a motion for a more definite statement?
What is a motion for a more definite statement?6At what point in a civil case may a party bring a motion for a more definite statement?
At what point in a civil case may a party bring a motion for a more definite statement?7On a motion for a more definite statement, what information must the moving party provide to the court regarding the opponent’s pleading?
On a motion for a more definite statement, what information must the moving party provide to the court regarding the opponent’s pleading?8If the court orders a party to provide a more definite statement, how long does that party have to comply with the court’s order?
If the court orders a party to provide a more definite statement, how long does that party have to comply with the court’s order?9If the court strikes a pleading, does the pleading have any further effect in the case?
If the court strikes a pleading, does the pleading have any further effect in the case?10If a party fails to obey an order to provide a more definite statement, what action may the court take in response to the failure?
If a party fails to obey an order to provide a more definite statement, what action may the court take in response to the failure?11A plaintiff sued a defendant in federal court. The complaint described the claim as follows: “The defendant injured the plaintiff with his car.” Th...
A plaintiff sued a defendant in federal court. The complaint described the claim as follows: “The defendant injured the plaintiff with his car.” The complaint provided no other factual details about the plaintiff’s claim. The defendant filed and served a timely answer. Two weeks later, the defendant moved for a more definite statement, arguing that the plaintiff’s allegations were excessively vague. Is the defendant’s motion timely?12What is a motion to strike?
What is a motion to strike?13At what point in the case must a party bring a motion to strike?
At what point in the case must a party bring a motion to strike?14What legal standard will a court apply in ruling on a motion to strike?
What legal standard will a court apply in ruling on a motion to strike?15In general, must a responsive pleading generally include the responding party’s defenses?
In general, must a responsive pleading generally include the responding party’s defenses?16What defenses may a party assert by bringing a motion before serving a responsive pleading?
What defenses may a party assert by bringing a motion before serving a responsive pleading?17If a party wishes to assert Rule 12(b) defenses, is the party required to assert those defenses in a Rule 12(b) motion?
If a party wishes to assert Rule 12(b) defenses, is the party required to assert those defenses in a Rule 12(b) motion?18At what point in the case may a party bring a motion to dismiss under Rule 12(b)?
At what point in the case may a party bring a motion to dismiss under Rule 12(b)?19If a party chooses to bring a Rule 12 motion before pleading, must the party generally combine all of its Rule 12 defenses and objections in a sing...
If a party chooses to bring a Rule 12 motion before pleading, must the party generally combine all of its Rule 12 defenses and objections in a single motion?20A plaintiff sued a defendant in federal court. Before answering the complaint, the defendant filed a motion to dismiss for improper venue. The cour...
A plaintiff sued a defendant in federal court. Before answering the complaint, the defendant filed a motion to dismiss for improper venue. The court denied the motion. One week later, having not yet answered the complaint, the defendant moved to strike certain allegations from the complaint. The plaintiff argued that the court should not allow the defendant to bring the motion to strike.Should the court allow the defendant to bring the motion to strike?21If a party brings a Rule 12 motion before pleading, which of the Rule 12(b) defenses are waived if they are omitted from that motion?
If a party brings a Rule 12 motion before pleading, which of the Rule 12(b) defenses are waived if they are omitted from that motion?22Which Rule 12(b) defenses will be waived if a party does not assert them either in a Rule 12 motion or in the party’s responsive pleading?
Which Rule 12(b) defenses will be waived if a party does not assert them either in a Rule 12 motion or in the party’s responsive pleading?23Which of the Rule 12 defenses are exempt from the requirement to combine all Rule 12 defenses and objections in a single motion?
Which of the Rule 12 defenses are exempt from the requirement to combine all Rule 12 defenses and objections in a single motion?24At what points in a case may a party raise the defenses of (1) failure to state a claim on which relief can be granted, (2) failure to join a requi...
At what points in a case may a party raise the defenses of (1) failure to state a claim on which relief can be granted, (2) failure to join a required party under Rule 19(b), or (3) failure to state a legal defense to a claim?25A plaintiff sued a defendant in federal court. The defendant answered the complaint without filing any pre-answer motions. The defendant’s answer d...
A plaintiff sued a defendant in federal court. The defendant answered the complaint without filing any pre-answer motions. The defendant’s answer denied various allegations of the plaintiff’s complaint but did not mention any defenses. At trial, the defendant moved to dismiss for improper venue. Has the defendant waived the defense of improper venue?26A plaintiff sued a defendant in federal court. Before answering, the defendant filed a Rule 12 motion to dismiss based on insufficient process. The...
A plaintiff sued a defendant in federal court. Before answering, the defendant filed a Rule 12 motion to dismiss based on insufficient process. The court denied the motion, and the defendant then answered the complaint. In the answer, the defendant included the defense of lack of personal jurisdiction. At trial, the defendant moved to dismiss for lack of personal jurisdiction. The plaintiff argued that the defendant had waived this defense.Has the defendant waived the defense of lack of personal jurisdiction?27A plaintiff sued a defendant in federal court. The defendant brought no motions before serving the answer. In the answer, the defendant denied cert...
A plaintiff sued a defendant in federal court. The defendant brought no motions before serving the answer. In the answer, the defendant denied certain allegations made in the complaint, but did not raise any defenses. At trial, the defendant moved to dismiss for failure to join a required party under Rule 19(b). Has the defendant waived the defense of failure to join a required party under Rule 19(b)?28If a defendant moves to dismiss for failure to state a claim on which relief can be granted, what must the defendant show to win the motion?
If a defendant moves to dismiss for failure to state a claim on which relief can be granted, what must the defendant show to win the motion?29May a finding of failure to state a claim on which relief can be granted be based on a party’s failure to allege sufficient facts in the pleading?
May a finding of failure to state a claim on which relief can be granted be based on a party’s failure to allege sufficient facts in the pleading?30May a finding of failure to state a claim on which relief can be granted be based on a party’s failure to allege a legally recognized cause of action?
May a finding of failure to state a claim on which relief can be granted be based on a party’s failure to allege a legally recognized cause of action?31In deciding a motion to dismiss for failure to state a claim on which relief can be granted, does the court generally consider evidence or other ma...
In deciding a motion to dismiss for failure to state a claim on which relief can be granted, does the court generally consider evidence or other material aside from the pleadings?32On a motion to dismiss for failure to state a claim on which relief can be granted, if the court accepts evidence or other matters outside the plea...
On a motion to dismiss for failure to state a claim on which relief can be granted, if the court accepts evidence or other matters outside the pleadings, how must the court change its treatment of the motion?33A plaintiff sued a technical college in a federal diversity case, alleging educational malpractice. Specifically, the plaintiff alleged that the co...
A plaintiff sued a technical college in a federal diversity case, alleging educational malpractice. Specifically, the plaintiff alleged that the college had failed to provide sufficient training to enable the plaintiff to find a suitable job upon graduation. Applicable state law did not recognize this cause of action. Personal jurisdiction, subject-matter jurisdiction, and venue were proper. The plaintiff properly served the defendant, and there are no other required parties. The defendant sought to have the case dismissed before filing an answer. Which Rule 12 defense is most appropriate to accomplish the defendant’s goal?34What is a motion for judgment on the pleadings?
What is a motion for judgment on the pleadings?35At what point in the case may a party move for judgment on the pleadings?
At what point in the case may a party move for judgment on the pleadings?36On a motion for judgment on the pleadings, if the court accepts evidence or other matters outside the pleadings, how must the court change its trea...
On a motion for judgment on the pleadings, if the court accepts evidence or other matters outside the pleadings, how must the court change its treatment of the motion?37What is a judgment?
What is a judgment?38What is summary judgment?
What is summary judgment?39May a party move for summary judgment on part of a case, as opposed to the entire case?
May a party move for summary judgment on part of a case, as opposed to the entire case?40What is a material fact for purposes of summary judgment?
What is a material fact for purposes of summary judgment?41What legal standard must the court use in deciding a motion for summary judgment?
What legal standard must the court use in deciding a motion for summary judgment?42At what point in the case may a party file a motion for summary judgment?
At what point in the case may a party file a motion for summary judgment?43In the context of summary judgment, what is the record of the case?
In the context of summary judgment, what is the record of the case?44Must the parties present materials outside the pleadings in connection with a motion for summary judgment?
Must the parties present materials outside the pleadings in connection with a motion for summary judgment?45What information from the record may a party cite to support or oppose summary judgment?
What information from the record may a party cite to support or oppose summary judgment?46What is an affidavit?
What is an affidavit?47May a party submit affidavits to the court in supporting or opposing a motion for summary judgment?
May a party submit affidavits to the court in supporting or opposing a motion for summary judgment?48What conditions must an affidavit meet to be considered by the court on summary judgment?
What conditions must an affidavit meet to be considered by the court on summary judgment?49May a party object to the admissibility of another party’s materials on summary judgment?
May a party object to the admissibility of another party’s materials on summary judgment?50On a summary-judgment motion, if the nonmoving party demonstrates that it is unable to obtain or present facts essential to oppose the motion, what...
On a summary-judgment motion, if the nonmoving party demonstrates that it is unable to obtain or present facts essential to oppose the motion, what actions may the court take in response?51In ruling on a summary-judgment motion, how must the court construe, or interpret, the facts?
In ruling on a summary-judgment motion, how must the court construe, or interpret, the facts?52At summary judgment, if a party fails to properly support an assertion of fact, or fails to properly address another party’s assertion of fact, wha...
At summary judgment, if a party fails to properly support an assertion of fact, or fails to properly address another party’s assertion of fact, what actions may the court take in response?53Can a party obtain summary judgment by proving that there is no factual dispute regarding the essential elements of its claim or defense?
Can a party obtain summary judgment by proving that there is no factual dispute regarding the essential elements of its claim or defense?54Can a party succeed in supporting or opposing summary judgment by disproving the essential elements of an opponent’s claim or defense?
Can a party succeed in supporting or opposing summary judgment by disproving the essential elements of an opponent’s claim or defense?55Can a party succeed in supporting or opposing summary judgment by showing that the opposing party lacks sufficient evidence to support an essential...
Can a party succeed in supporting or opposing summary judgment by showing that the opposing party lacks sufficient evidence to support an essential element of its claim or defense?56A plaintiff sued a judo instructor in a federal diversity case, alleging that her knee had been permanently damaged during one of the defendant’s c...
A plaintiff sued a judo instructor in a federal diversity case, alleging that her knee had been permanently damaged during one of the defendant’s classes. The defendant raised the affirmative defense of waiver, which is a complete defense under applicable law. The defendant moved for summary judgment. At the hearing, the parties submitted conflicting evidence about the cause of the plaintiff’s injury. The defendant also submitted a waiver form, signed by the plaintiff one hour before the injury, acknowledging the risks of judo and waiving all claims against the defendant. The plaintiff did not dispute that she had understood and signed the form, and a knowing waiver was legally sufficient to support a waiver defense. Is the court likely to grant summary judgment to the defendant?57May the court grant or raise the possibility of summary judgment on its own initiative, without a motion by any party?
May the court grant or raise the possibility of summary judgment on its own initiative, without a motion by any party?58If a court does not grant summary judgment to the full extent requested by a motion, may the court nonetheless consider particular facts to be undi...
If a court does not grant summary judgment to the full extent requested by a motion, may the court nonetheless consider particular facts to be undisputed for the remainder of the litigation?59What is a motion for judgment as a matter of law?
What is a motion for judgment as a matter of law?60At what point in a trial may a party bring an initial motion for judgment as a matter of law?
At what point in a trial may a party bring an initial motion for judgment as a matter of law?61What legal standard must the court apply in deciding a motion for judgment as a matter of law?
What legal standard must the court apply in deciding a motion for judgment as a matter of law?62What is a directed verdict in a civil case?
What is a directed verdict in a civil case?63What is a judgment notwithstanding the verdict?
What is a judgment notwithstanding the verdict?64In ruling on a motion for judgment as a matter of law, how must the court construe the evidence?
In ruling on a motion for judgment as a matter of law, how must the court construe the evidence?65A plaintiff sued a defendant in federal court, alleging breach of contract. One issue at trial was whether a contract had been formed. Under applic...
A plaintiff sued a defendant in federal court, alleging breach of contract. One issue at trial was whether a contract had been formed. Under applicable law, consideration was essential to the formation of a contract. The plaintiff testified that the defendant had paid him a sum of cash as consideration. The defendant testified and denied that he had ever paid consideration to the plaintiff. The parties presented no other evidence regarding consideration. Before the court instructed the jury, the defendant moved for judgment as a matter of law (JMOL). The defendant argued that the plaintiff was not a credible witness and that the court should therefore find that no consideration was paid and no contract existed. May the judge grant the motion if the judge agrees that the plaintiff was not credible?66May a party move for judgment as a matter of law on any claim or defense?
May a party move for judgment as a matter of law on any claim or defense?67What is a renewed motion for judgment as a matter of law?
What is a renewed motion for judgment as a matter of law?68May a party bring a renewed motion for judgment as a matter of law if that party did not bring an initial motion for judgment as a matter of law be...
May a party bring a renewed motion for judgment as a matter of law if that party did not bring an initial motion for judgment as a matter of law before the case was submitted to the jury?69May the court grant a renewed motion for judgment as a matter of law on any grounds different from those raised in the initial motion for judgment ...
May the court grant a renewed motion for judgment as a matter of law on any grounds different from those raised in the initial motion for judgment as a matter of law?70If a party is eligible to file a renewed motion for judgment as a matter of law, how long does the party have to file the motion?
If a party is eligible to file a renewed motion for judgment as a matter of law, how long does the party have to file the motion?71A plaintiff sued a defendant in federal court, alleging that the defendant had violated the plaintiff’s civil rights. Neither party brought any mot...
A plaintiff sued a defendant in federal court, alleging that the defendant had violated the plaintiff’s civil rights. Neither party brought any motions before the court submitted the case to the jury. The jury returned a verdict for the plaintiff. The defendant immediately moved for judgment as a matter of law (JMOL), arguing that the plaintiff had presented no evidence to support an essential element of the plaintiff’s case. The plaintiff argued that the court should not consider the defendant’s motion, because the defendant had not complied with the procedures necessary to bring the motion.Was the defendant entitled to move for JMOL at this juncture?72A plaintiff sued a defendant in federal court, alleging defamation. The defendant asserted that the allegedly defamatory statement was true. Under ...
A plaintiff sued a defendant in federal court, alleging defamation. The defendant asserted that the allegedly defamatory statement was true. Under the applicable law, truth was a complete defense to the tort of defamation. At trial, the defendant brought a timely motion for judgment as a matter of law (JMOL) and argued that no reasonable jury could fail to find that the statement was true. The judge denied the motion, and the jury returned a verdict for the plaintiff. Ten days later, the defendant brought a renewed motion for JMOL, arguing that the plaintiff had failed to present legally sufficient evidence to show damages. Under the applicable law, damages were an essential element of the plaintiff’s claim. If the judge agrees that the plaintiff failed to present sufficient evidence of damages, may the court grant the defendant’ renewed motion for JMOL?73If a party files a renewed motion for judgment as a matter of law, may the party include a motion for a new trial?
If a party files a renewed motion for judgment as a matter of law, may the party include a motion for a new trial?74In ruling on a renewed motion for judgment as a matter of law that includes a motion for a new trial, what three results may the court reach?
In ruling on a renewed motion for judgment as a matter of law that includes a motion for a new trial, what three results may the court reach?75If the court grants a renewed motion for judgment as a matter of law that is accompanied by a motion for a new trial, what action must the court ta...
If the court grants a renewed motion for judgment as a matter of law that is accompanied by a motion for a new trial, what action must the court take regarding the motion for a new trial?76If the trial court grants a renewed motion for judgment as a matter of law and at the same time conditionally grants a motion for a new trial, what...
If the trial court grants a renewed motion for judgment as a matter of law and at the same time conditionally grants a motion for a new trial, what will generally happen to the case if the appellate court reverses the grant of judgment as a matter of law?77If the trial court grants a renewed motion for judgment as a matter of law and at the same time conditionally denies an included motion for a new t...
If the trial court grants a renewed motion for judgment as a matter of law and at the same time conditionally denies an included motion for a new trial, may the moving party argue on appeal that the trial court erred in denying the motion for a new trial?78If the trial court denies a renewed motion for judgment as a matter of law, may the nonmoving party argue on appeal that it should receive a new tr...
If the trial court denies a renewed motion for judgment as a matter of law, may the nonmoving party argue on appeal that it should receive a new trial if the denial of judgment as a matter of law is reversed?79A federal civil trial resulted in a verdict and judgment for the plaintiff. The defendant filed a renewed motion for judgment as a matter of law (J...
A federal civil trial resulted in a verdict and judgment for the plaintiff. The defendant filed a renewed motion for judgment as a matter of law (JMOL). The defendant’s renewed motion included an alternative motion for a new trial. The judge believed that there were sufficient grounds for granting the renewed motion for JMOL and that there were sufficient grounds for a new trial. If the judge grants the renewed motion for JMOL, how is the judge likely to rule on the motion for a new trial?80A federal civil trial resulted in a verdict and judgment for the defendant. The plaintiff filed a renewed motion for judgment as a matter of law (J...
A federal civil trial resulted in a verdict and judgment for the defendant. The plaintiff filed a renewed motion for judgment as a matter of law (JMOL), which the court denied. The plaintiff asserted on appeal that the trial court committed error by denying the renewed motion for JMOL. In responding to the appeal, the defendant intended to argue in support of the trial court’s ruling. However, the defendant recognized that if the appellate court reversed the denial of JMOL, then the appellate court might order the trial court to enter judgment for the plaintiff. Considering that the appellate court might reverse the denial of JMOL, what additional argument may the defendant raise to try to prevent the appellate court from ordering the entry of judgment for the plaintiff in that event?81May a party seek a new trial by filing a motion in the trial court?
May a party seek a new trial by filing a motion in the trial court?82How long does a party have to file a motion for a new trial?
How long does a party have to file a motion for a new trial?83May the court order a new trial both on its own initiative and for reasons not raised in a party’s motion?
May the court order a new trial both on its own initiative and for reasons not raised in a party’s motion?84What do the Federal Rules of Civil Procedure describe as the permissible reasons for granting a new trial?
What do the Federal Rules of Civil Procedure describe as the permissible reasons for granting a new trial?85What are some of the primary grounds on which the federal courts will grant new trials?
What are some of the primary grounds on which the federal courts will grant new trials?86A federal jury trial resulted in a verdict and judgment for the plaintiff. The defendant filed a timely motion for a new trial. As the basis for th...
A federal jury trial resulted in a verdict and judgment for the plaintiff. The defendant filed a timely motion for a new trial. As the basis for the motion, the defendant argued that the jury had awarded excessive damages. The trial judge disagreed with this argument. However, looking back at the trial, the judge concluded that he had erroneously allowed the plaintiff to introduce highly prejudicial evidence. The defendant did not raise this issue in its motion. The judge nevertheless held a hearing on the motion, in which both parties were heard on the issues of damages and the introduction of the evidence.May the judge grant a new trial based on the introduction of the prejudicial evidence?87In ruling on a motion for a new trial, must the court construe the evidence in favor of the nonmoving party?
In ruling on a motion for a new trial, must the court construe the evidence in favor of the nonmoving party?88A plaintiff sued a defendant in federal court. At trial, the defendant moved for judgment as a matter of law, arguing that the plaintiff’s sole wit...
A plaintiff sued a defendant in federal court. At trial, the defendant moved for judgment as a matter of law, arguing that the plaintiff’s sole witness was not credible. Although the judge agreed that the witness was not credible, the judge denied the motion because she did not believe that she was free to evaluate witness credibility. The trial resulted in a verdict and judgment in favor of the plaintiff. The defendant filed a timely motion for a new trial, arguing that the verdict was against the manifest weight of the evidence because the plaintiff’s only witness was not credible. The judge continued to believe that the witness was not credible.May the judge grant a new trial based on her view of the witness’s credibility?89What is remittiur?
What is remittiur?90What is additur?
What is additur?91A federal trial resulted in a verdict and judgment for the plaintiff, awarding $5,000,000 for breach of contract. The defendant filed a timely moti...
A federal trial resulted in a verdict and judgment for the plaintiff, awarding $5,000,000 for breach of contract. The defendant filed a timely motion for a new trial, arguing that the damages were excessive. After a hearing, the judge concluded that the evidence supported damages of only $1,000,000. An excessive damages award is a legally sufficient reason to grant a new trial. The judge issued an order stating that a new trial would be granted unless the plaintiff agreed to accept $1,000,000 in damages. The plaintiff objected to the order, arguing that the court could not unilaterally reduce the damages award. The defendant also objected to the order, arguing that the court could not allow any damages at all if it concluded that the original, excessive award would justify a new trial.Was the trial judge’s order permissible?92May a party move to alter or amend a judgment?
May a party move to alter or amend a judgment?93How long does a party have to file a motion to alter or amend the judgment?
How long does a party have to file a motion to alter or amend the judgment?94May a party file both a motion to alter or amend the judgment and a motion for a new trial?
May a party file both a motion to alter or amend the judgment and a motion for a new trial?95Does the court have the power to correct mistakes in a judgment or other part of the trial record?
Does the court have the power to correct mistakes in a judgment or other part of the trial record?96May the court correct a mistake in the record both in response to a motion and on its own initiative?
May the court correct a mistake in the record both in response to a motion and on its own initiative?97May a party move in the trial court for relief from a final judgment, order, or proceeding?
May a party move in the trial court for relief from a final judgment, order, or proceeding?98For what reasons may a court grant a motion for relief from a judgment?
For what reasons may a court grant a motion for relief from a judgment?99Within what time period must a party file a motion for relief from a judgment?
Within what time period must a party file a motion for relief from a judgment?100Does the filing of a motion for relief from a judgment affect the appealability of the judgment?
Does the filing of a motion for relief from a judgment affect the appealability of the judgment?101Does the filing of a motion for relief from a judgment affect the operation of the judgment?
Does the filing of a motion for relief from a judgment affect the operation of the judgment?102A rancher sued a corporation in federal court, alleging that the corporation intentionally dumped chemicals that contaminated the rancher’s well wa...
A rancher sued a corporation in federal court, alleging that the corporation intentionally dumped chemicals that contaminated the rancher’s well water. At trial, the court entered judgment as a matter of law for the corporation, finding that the rancher had failed to prove intent. Two months later, one of the corporation’s former employees sent the rancher documents showing that the corporation had intentionally dumped the chemicals. The rancher could not reasonably have discovered the evidence in time to move for a new trial. The rancher wanted to refile the suit against the corporation, but the existing judgment would bar another suit as a matter of law.Which post-trial motion should the rancher bring to address this situation?103A plaintiff sued an employer in federal court for employment discrimination. The jury awarded the plaintiff $50,000 in compensatory damages and $10...
A plaintiff sued an employer in federal court for employment discrimination. The jury awarded the plaintiff $50,000 in compensatory damages and $100,000 in punitive damages. The court entered judgment on the verdict. In doing so, the court accidentally omitted the punitive-damages award. Thus, the judgment mentioned only the compensatory damages. The following week, the defendant delivered a check for $50,000 to the plaintiff. When the plaintiff demanded the remaining $100,000, the defendant produced a copy of the judgment and stated that it had paid the entire amount owed. What procedure should the plaintiff follow to address the discrepancy between the jury award and the judgment?104What is the standard to grant summary judgment?
What is the standard to grant summary judgment?105What are the four motions based on the pleadings alone under FRCP 12?
What are the four motions based on the pleadings alone under FRCP 12?106At what point must a party move for judgment as a matter of law (JMOL) for any claim or defense?
At what point must a party move for judgment as a matter of law (JMOL) for any claim or defense?107A court may grant a motion for judgment as a matter of law (JMOL) only if ________.
A court may grant a motion for judgment as a matter of law (JMOL) only if ________.108If a court denies a party’s motion for judgment as a matter of law (JMOL) that was made before the case was submitted to the jury, the party may re...
If a court denies a party’s motion for judgment as a matter of law (JMOL) that was made before the case was submitted to the jury, the party may renew the motion within ________ days after the entry of judgment.109Under FRCP 59, may a court grant a new trial for any reason that a new trial has been granted in the past?
Under FRCP 59, may a court grant a new trial for any reason that a new trial has been granted in the past?