Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
10 Cards in this Set
- Front
- Back
What is the time frame for Summary Judgment?
|
up to 30 days after the close of discover.
|
|
What is the requirement for Summary Judgment?
|
- No material issue of fact - If it is granted non-moving party has burden to show issue of fact |
|
What is the time frame for a Judgment as a Matter of Law?
|
After the adversary has rested its case
|
|
When will a Judgment as a Matter of Law be granted?
|
There is a legally insufficient evidentiary basis from which a reasonable jury could find for the non-moving party.
|
|
What is the time frame for a Renewed Judgment as a Matter of Law? (2)
|
- Party must have made an original motion for JML before jury deliberates. - Party may renew motion within 28 days of the judgment. |
|
When will a Judgment as a Matter of Law be granted?
|
There was no legally sufficient evidentiary basis from which a reasonable jury could have found as they did.
|
|
What is the time frame for a Motion for a New Trial?
|
Within 28 days of judgment.
|
|
When will a Motion for New Trial be granted?
|
In courts discretion for either 1. errors at trial affecting the party's substantial trial rights; or 2. the verdict was against the manifest weight of the evidence. |
|
When must a demand for trial by jury be filed? |
Within 14 days of the complaint or answer. |
|
When does a party have the constitutional right for a trial by jury?
|
claim seeks primarily monetary damages.
|