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103 cards

1What is a responsive pleading?
2How 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?
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?
5What 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?
7On 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?
9If 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?
11A plaintiff sued a defendant in federal court. The complaint described the claim as follows: “The defendant injured the plaintiff with his car.” Th...
12What is a motion to strike?
13At 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?
15In 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?
17If 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)?
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...
20A plaintiff sued a defendant in federal court. Before answering the complaint, the defendant filed a motion to dismiss for improper venue. The cour...
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?
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?
23Which 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...
25A plaintiff sued a defendant in federal court. The defendant answered the complaint without filing any pre-answer motions. The defendant’s answer d...
26A plaintiff sued a defendant in federal court. Before answering, the defendant filed a Rule 12 motion to dismiss based on insufficient process. The...
27A plaintiff sued a defendant in federal court. The defendant brought no motions before serving the answer. In the answer, the defendant denied cert...
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?
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?
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?
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...
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...
33A plaintiff sued a technical college in a federal diversity case, alleging educational malpractice. Specifically, the plaintiff alleged that the co...
34What is a motion for judgment on the pleadings?
35At 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...
37What is a judgment?
38What is summary judgment?
39May 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?
41What 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?
43In 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?
45What information from the record may a party cite to support or oppose summary judgment?
46What is an affidavit?
47May 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?
49May 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...
51In 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...
53Can 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?
55Can a party succeed in supporting or opposing summary judgment by showing that the opposing party lacks sufficient evidence to support an essential...
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...
57May 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...
59What 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?
61What 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?
63What 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?
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...
66May 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?
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...
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 ...
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?
71A plaintiff sued a defendant in federal court, alleging that the defendant had violated the plaintiff’s civil rights. Neither party brought any mot...
72A plaintiff sued a defendant in federal court, alleging defamation. The defendant asserted that the allegedly defamatory statement was true. Under ...
73If 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?
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...
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...
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...
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...
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...
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...
81May 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?
83May 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?
85What 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...
87In 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...
89What is remittiur?
90What 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...
92May 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?
94May 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?
96May 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?
98For 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?
100Does 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?
102A rancher sued a corporation in federal court, alleging that the corporation intentionally dumped chemicals that contaminated the rancher’s well wa...
103A plaintiff sued an employer in federal court for employment discrimination. The jury awarded the plaintiff $50,000 in compensatory damages and $10...

What is a responsive pleading?

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