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8 Cards in this Set

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  • Back
Default Judgment
Failure to contest the action.
Judgment entered by;
a. Clerk if sum is certain and no response.
b. Court, other, hearing on damages.
Once entered and not set aside, res judicata applies.
Must be enforced by sister states via Full Faith and Credit clause
Collateral Attack on PJ ok.
Voluntary Dismissal
P retains the right to dismiss own action.
Notice before answer or motion for Sum. Judgment. Thereafter, dismiss with permission of the court, without prejudice.
Involuntary Dismissal
Involuntary dismissal may be imposed on P as a sanction for failure to comply with procedures

Carries full res judicata effect.

Invol. Dismissal based on lack of jurisd., improper venue, failure to join indespensable party.. no res judicata.
Summary Judgement - Anytime prior to trial
2-Part Test
1) No geniune issue to any material fact, burden on moving party to show absence of evidence.

2) Moving party is entitled ot judgment as a matter of law.

Moving party establishes prima facie case.. Burden shifts to non-moving party.

Court will rule in favor of non-moving party.
Pre-Trial Motions
12(b)(6) Failure to state a claim
a. tests sufficiency of P allegations, not evidence.
Court assumes P truthful.

12(c) Motion for Judgment on Pleadings (filed after pleadings are closed.)
Partial Summary Judgment
Granted on one claim (where multiple claims have been joined in one suit) or on the issue of liability along, leaving the trial to determine damages.
What is a renewed motion for a judgment as a matter of law?
A renewed motion for a judgment as a matter of law, previously known as a judgment notwithstanding the verdict, is a request for the court to set aside the jury verdict and to enter a judgment for the party that lost the verdict. The court can grant this motion only if, as a matter of law ( not discretion), the evidence presented at trial is rationally insufficient to support the jury verdict.
What are the procedural requirements for filing a renewed motion for a judgment as a matter of Law?
Under Rule 50, a renewed motion for a judgment as a matter of law cannot be considered unless the moving paraty has previously made a motion for a judgment as a matter of law on the same material issue before the close of all the evidence. The earliest a paraty can move for a judgment as a matter of law is after the opposing party has been fully heard on the material issue that is the subject of the motion.