| Discovery/ Sanctions | Jury | Summary Judgment | Judgment as a Matter of Law | Preclusion |
|---|---|---|---|---|
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Rule 26(b)(1)
What rule tells us that discovery documents must be relevant and proportional to needs of the case
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Always in federal court bc 7th Amendment but waivable
When do you have the right to a trial by jury?
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permits a party to move for summary judgement on some or all of the claims or defenses in a case before the trial
What is Rule 56?
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Only when there is a jury involved.
When is Rule 50 applicable?
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1.Case one and case two must be brought by the same claimant against the same defendant
2. Have to show that case one ended in a valid final judgment on the merits 3. The claimant asserted the same claim in both cases
What are the 3 requirements for claim preclusion?
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Expert/Attorney communication that was prepared in anticipation for litigation is protected
(Rule 26(b)(4)(D)
Where do experts fall in terms of work privilege?
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The Judge
In a patent case, the interpretation of a term of art is a question reserved for who?
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An issue is "genuine" if the evidence is sufficient to permit a reasonable jury to return a verdict for the nonmoving party
When is an issue "genuine"?
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Yes. The plaintiff need only show (1) prima facie case and (2) sufficient evidence to find the defendant’s justification is false; the entire record should be viewed in a light most favorable to the nonmoving party; “could a reasonable jury have come to this conclusion with the same evidence?”
Is a plaintiff entitled to judgment as a matter of law when their case consists exclusively of a prima facie case?
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1. Have to show that case one ended in a valid final judgment on the merits
2. Must show that the same issue was litigated and determined in case one 3. Show that issue was essential to the judgment in case one 4. We ask against whom issue preclusion used 5. By whom is issue preclusion asserted
What are the 5 requirements for issue preclusion?
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Good cause analysis should be made when granting or renewing a protective order because court has broad latitude to do so. Rule 26(c)
What is the standard used to determine if protective order should be granted?
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No. You waive the right to request it later
If you don’t demand a jury trial on the complaint can you raise it later during the trial?
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if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
What is summary judgment?
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NO. You must file a Rule 50(b) motion after verdict before getting a new trial under Rule 59
Can you be awarded a new trial under Rule 59 even if you don't file a Rule 50(b) motion after the verdict?
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1. Foreseeability
2. Consistency 3. Procedure
What are the Parklane Fairness Factors?
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Rule 37 sanctions serve as a punishment and deterrent; sanctions of dismissal are permissible in light of “flagrant bad faith”; don’t know the merits of the case through
What is the purpose of Rule 37?
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1. Compare the statutory cause of action to the 18th century action
2. determine if remedy is legal or equitable.
What are the two steps to determine if there is a right to a jury trial?
(Chauffers) |
The non-moving party has the burden of proof. Must show any evidence that wasn't part of their pleading to prove their side. Court must take every allegation as true.
Who has the burden of proof during summary judgment?
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TRUE
True or False: You cannot file a 50(b) unless you file a 50(a) before case is submitted to the jury.
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person using it was not a party in Case #1 and now he’s defendant in Case #2 as long as plaintiff had full chance to litigate in Case #1
What is Non-mutual defensive issue preclusion?
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Privilege does not extend to information that a lawyer gets from a witness; only convers theories, strategies, and direct communications with client himself; core v. non-core and difference in work product and privilege
What is the extent to which a party may enquire into oral & written statements?
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Right to a Jury trial.
Demand. On any issue triable of right by a jury, a party may demand a jury trial by: (1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served;
What is Rule 38(b)
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The moving party must show no “genuine dispute of material fact”; then, the nonmoving party must show otherwise. Moving party is trying to prove that “no reasonable jury” would find for the nonmovant.
What is the standard for summary judgment?
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states that new trials may be granted for "any reason for which a new trial has heretofore been granted in an action at law in federal court"
Must be filed within 28 days of entry of judgment standard of review is abuse of discretion
What is Rule 59(a)(1)(A)?
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person using it who has not a party in case 1 and now a plaintiff in case 2
What is Non-mutual offensive issue preclusion?
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