Civil Procedure Keyed to Coundback
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A patient sued a doctor for medical malpractice in federal court. After the plaintiff presented her case, the defendant moved for a judgement as a matter of law. Although several witnesses for the plaintiff gave testimony that the judge found unlikely, the judge denied the defendant’s motion for judgement as a matter of law. The jury rendered a verdict for the plaintiff. The defendant renewed his motion for judgement as a matter of law and moved in the alternative for a new trial.
How should the judge rule, assuming he still believes that the plaintiff’s evidence was unlikely to be true?CorrectIncorrect
The plaintiff sued the defendant in federal court for breach of contract. The case went to trial, and the jury found in favor of the plaintiff and awarded her $125,000. Judgement was entered on June 1. On June 10, the defendant filed a motion for a new trial. On June 18, the plaintiff files to enforce the judgement. The court has not issued any orders since the final judgement on June 1.
May the plaintiff enforce the judgement?CorrectIncorrect
A minivan driver from State A and a semi-truck driver from State B were involved in a serious collision on a highway in State B. The minivan driver sued the truck driver in State A for negligence, and served the truck driver with the summons and complaint via first-class mail. Although the truck driver received the documents, he failed to respond to them or appear in court. The minivan driver eventually obtained a valid default judgment in state court. State A’s requirements for service of process are the same as the requirements under the Federal Rule of Civil Procedure.
If the minivan driver seeks to enforce the State A judgment against the truck driver in State B, will the driver be successful?CorrectIncorrect
A student at a private university sued the university in federal court for negligence after he fell from scaffolding in a university-owned theater building. At trial, after briefing from both parties, the court permitted the jury to hear testimony that there had been several previous accidents in the same building. The jury found for the student, and the university appealed. One of the university’s arguments on appeal is that the testimony about the previous accidents should have been excluded as irrelevant and highly prejudicial.
Which standard of review applies to this argument?CorrectIncorrect
Injured citizens of Indonesia sued an oil company in federal district court, asserting claims that it violated tort law in its effort to secure its pipelines when it employed a security force comprised of members of the Indonesian military who allegedly inflicted serious injuries on villagers. Defendant Oil Company moved to dismiss on the ground that the “political question doctrine” rendered the case non-justiciable and required dismissal of the case. The federal court denied the motion to dismiss, indicating that its ruling on this issue was final. Defendant promptly filed an appeal; it argued that the federal appellate court had jurisdiction under the collateral order doctrine.
Does the appellate court have jurisdiction over this appeal under the collateral order doctrine; if not, why not?CorrectIncorrect
When the jury came back from its deliberations with a verdict for the defendant whom plaintiff had sued in federal court, plaintiff timely moved for a new trial. The district court granted that motion. Defendant timely filed an appeal from the grant of the new trial motion. Plaintiff moved to dismiss the appeal.
How should the appellate court in which the appeal was filed rule on the motion to dismiss the appeal?CorrectIncorrect
A credit card company filed a civil action against a consumer in federal district court seeking to recover the unpaid balance on the consumer’s account. The credit card company properly served process on the consumer, but the consumer failed to file or serve a timely answer to the complaint. The clerk of court on motion of the credit card company made an entry of default, but default judgment has not been entered.
On which grounds may the court set aside the entry of default?CorrectIncorrect
An office furniture supplier filed a breach of contract action against a law firm in federal district court to recover the balance due on an account for furniture it supplied. The law firm filed a motion to dismiss the action on the ground that service of process was improper. Following a hearing, the court held that service was proper and sufficient. Two more months passed without the law firm filing an answer. The supplier then filed a motion to have the clerk of court make an entry of default, and the clerk did so.
What procedure must the supplier follow to obtain a default judgment against the law firm?CorrectIncorrect