Pretrial procedure and jury trial — MCQs

Using only the supplied file and legal resources, prepare a persuasive motion and supporting memorandum requesting the most appropriate route to a final appealable judgment on Rowan's resolved claim. Address finality, separability, reasons for and against certification, preservation, and any separate relief needed to protect Summit during appellate proceedings.

Using only the supplied file and legal resources, prepare a persuasive opposition outline addressing Titan Manufacturing's renewed motion for judgment as a matter of law and alternative motion for a new trial. Analyze preservation, the distinct standards for each motion, the evidentiary record, the proper scope of any new trial, and the steps counsel should take to protect Bell's position on appeal.

Using only the supplied file and legal resources, prepare an objective memorandum assessing the preclusive effect of the prior judgment on Metro Workspace's new action and recommending Harbor's most appropriate procedural response.

A pedestrian sued a delivery company in federal court for negligence after one of the company's vans struck her in a crosswalk. After discovery, the company moved for summary judgment and submitted an affidavit from the driver stating that the traffic signal was green for the van. The pedestrian submitted deposition testimony from an eyewitness who stated that the signal was red and that the driver was looking at a phone. Both witnesses had a clear view of the intersection, and the governing negligence law is undisputed. The company argues that its driver gave a more detailed account and has a stronger memory than the eyewitness. Is the court likely to grant the motion?

A customer sued a grocery store in federal court after slipping and falling on a wet floor near the produce section. The customer testified at her deposition that no warning sign was posted and that a nearby employee was texting on his phone instead of watching the area. The employee submitted a declaration stating that a warning sign was in place, that the customer was jogging through the aisle, and that he was not using his phone. The store's security video shows the fall but does not clearly show whether a sign was present or what the employee was doing with his hands. After discovery closed, the store moved for summary judgment and argued that the employee's detailed declaration was more reliable than the customer's testimony. Neither side objected to the admissibility of the cited evidence. Is the court likely to grant the motion?

A consumer filed a products-liability action in federal court based solely on diversity jurisdiction. The consumer demanded a jury trial. State substantive law supplies the elements of the claim and recognizes assumption of risk as a defense. A state statute directs judges to decide disputed facts concerning assumption of risk before trial and bars submission of that defense to a jury. Federal practice, implementing the federal jury-trial right, assigns genuinely disputed factual issues on legal claims to the jury. The manufacturer asks the federal judge to follow the state statute and decide the disputed defense facts. The consumer argues that the federal allocation applies. Which of the following best states how the court should resolve the issue?

A pedestrian filed a negligence action in federal district court seeking compensatory damages from a driver. The complaint did not demand a jury trial. The driver timely answered, denied negligence, and asserted comparative negligence. Ten days after service of the answer, the pedestrian served and filed a written demand for a jury trial on all issues triable by a jury. The driver objected, contending that the pedestrian had waived a jury by omitting the demand from the complaint. The jurisdiction follows the Federal Rules of Civil Procedure, and neither party has filed any other pleading directed to the negligence issues. Is the court likely to recognize the pedestrian's jury demand as timely?