Dispositive motions Bar Exam Flashcards - Medical Study Cards
Master Dispositive motions with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Dispositive motions Flashcard Deck - 10 Cards
Flashcard 1: What is the effect of a party’s failure to raise lack of subject-matter jurisdiction under Rule 12?
Answer: Unlike most Rule 12 defenses, subject-matter jurisdiction is never waived: a party may raise it at any time, and the court must dismiss if jurisdiction is lacking. The court may also raise the issue sua sponte, including on appeal.
Flashcard 2: When may a party move for summary judgment under Rule 56(b)?
Answer: Unless a local rule or court order provides otherwise, a party may move for summary judgment at any time until 30 days after the close of discovery. The court may set a different deadline by order.
Flashcard 3: When must a court convert a Rule 12 motion into a summary-judgment motion?
Answer: Under Rule 12(d), if matters outside the pleadings are presented and not excluded, the court must treat the motion as one for summary judgment under Rule 56. The court must give all parties a reasonable opportunity to present pertinent material.
Flashcard 4: What are the Rule 56 burdens when a party moves for summary judgment?
Answer: The movant must show that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law, either by citing supporting evidence or showing the opponent lacks evidence. The nonmovant must then cite particular record materials showing a genuine dispute and may not rely only on the pleadings.
Flashcard 5: Which Rule 12 defenses are waived if omitted from a party’s first Rule 12 response?
Answer: Under Rule 12(h)(1), objections to personal jurisdiction, venue, insufficient process, and insufficient service of process are waived if omitted from the first Rule 12 motion or, if no motion is made, the answer. Lack of subject-matter jurisdiction is never waived; failure to state a claim and failure to join a required party may generally be raised later under Rule 12(c), at trial, or by motion under Rule 12(b).
Flashcard 6: What may a court do when a nonmovant shows by affidavit or declaration that it cannot yet present facts essential to oppose summary judgment?
Answer: Under Rule 56(d), the court may defer or deny the motion, allow time to obtain affidavits or declarations or take discovery, or issue another appropriate order. The nonmovant must identify the specific facts it hopes to obtain and explain why they are essential to opposition.
Flashcard 7: What prerequisites and deadline govern a renewed motion for judgment as a matter of law under Rule 50(b)?
Answer: The movant must have made a Rule 50(a) motion before the case was submitted to the jury, and the renewed motion must be filed within 28 days after entry of judgment. It generally must assert the same grounds raised in the Rule 50(a) motion; the court may grant judgment, order a new trial, or deny the motion.
Flashcard 8: What must a party establish to obtain judgment as a matter of law under Rule 50(a)?
Answer: After a party has been fully heard on an issue, there must be no legally sufficient evidentiary basis for a reasonable jury to find for that party on the issue. The motion must be made before the case is submitted to the jury and must specify the judgment sought and the supporting law and facts.
Flashcard 9: What is the Rule 12(b)(6) standard for dismissing a complaint for failure to state a claim?
Answer: The complaint must contain enough well-pleaded factual matter to state a plausible claim for relief; courts accept well-pleaded facts and reasonable inferences as true but disregard legal conclusions and conclusory assertions. The court generally considers only the complaint and materials properly incorporated into it.
Flashcard 10: When is a Rule 12(c) motion for judgment on the pleadings available, and what standard applies?
Answer: A party may move after the pleadings are closed but early enough not to delay trial, and the motion is proper when no material fact is disputed and the movant is entitled to judgment as a matter of law. The majority rule applies the same standard as Rule 12(b)(6); considering matters outside the pleadings generally converts the motion to one for summary judgment.
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