Joinder of claims, parties and intervention Bar Exam Flashcards - Medical Study Cards
Master Joinder of claims, parties and intervention 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.
Joinder of claims, parties and intervention Flashcard Deck - 10 Cards
Flashcard 1: When may a federal court grant judgment as a matter of law (JMOL), and what is required for renewed JMOL after the verdict?
Answer: Under Rule 50, JMOL is proper after a party has been fully heard when no legally sufficient evidentiary basis permits a reasonable jury to find for that party. A renewed JMOL motion generally requires a prior Rule 50(a) motion on the same grounds and must be filed within 28 days after judgment.
Flashcard 2: What is the difference between a challenge for cause and a peremptory challenge in jury selection?
Answer: A challenge for cause requires a showing that the prospective juror cannot be impartial or is otherwise disqualified, and the number is unlimited subject to the court’s ruling. A peremptory challenge permits removal without stating a cause, but it may not be used discriminatorily under Batson.
Flashcard 3: What is the effect of a federal pretrial order?
Answer: The pretrial order controls the subsequent course of the action unless the court modifies it to prevent manifest injustice. It supersedes the pleadings as the blueprint for trial and identifies the issues and evidence to be presented.
Flashcard 4: When must a party demand a jury trial in federal court, and what is the consequence of failing to do so?
Answer: A party must demand a jury in writing no later than 14 days after the last pleading directed to the issue is served. Failure to timely demand generally waives the jury right, although the court may grant a jury trial on motion if no substantial prejudice results.
Flashcard 5: What are the principal purposes of a federal Rule 16 pretrial conference?
Answer: The court may establish deadlines, narrow the issues, amend the pleadings, obtain admissions, address discovery and disclosure, resolve motions, discuss settlement, and formulate a trial plan. The conference may also control the sequence and conduct of trial.
Flashcard 6: What is the federal standard for granting summary judgment?
Answer: The court must grant summary judgment when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court views the evidence and draws reasonable inferences in favor of the nonmoving party.
Flashcard 7: What does Batson prohibit during jury selection?
Answer: Batson prohibits using peremptory challenges to exclude jurors because of race, ethnicity, or sex. The objecting party must show a prima facie inference of discrimination, the striking party must give a race- or sex-neutral explanation, and the court determines whether purposeful discrimination occurred.
Flashcard 8: What is the federal court’s duty regarding jury instructions and objections to them?
Answer: The court must inform the parties of its proposed instructions and allow them to object before the jury retires, stating the grounds for each objection. A party generally waives an instructional error by failing to make a timely, specific objection, subject to plain-error review.
Flashcard 9: What is the federal rule for the number and unanimity of jurors in a civil trial?
Answer: A federal civil jury must have between 6 and 12 members, as specified by the court, and the verdict must be unanimous unless the parties stipulate otherwise. The jury must have at least six members to return a valid verdict.
Flashcard 10: When may a court modify a pretrial order?
Answer: Under Rule 16(e), modification is allowed only to prevent manifest injustice, considering factors such as the party’s diligence, prejudice to the opposing party, and the importance of the proposed change.
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