Midterm 1 Cheat Sheet

Midterm 1 Cheat Sheet - Major Motions To Dismiss for Lack...

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Major Motions To Dismiss/For Judgment on the Pleadings/Demurrer: Made after complain or the pleadings are filed by defendant. It’s a “so what” motion that means the plaintiff can’t win as a matter of law. To Dismiss for Lack of/No Personal Jurisdiction (over Defendant): Made by defendant after complaint is filed on the ground of inadequate service of process of defendant or defendant lacks minimum contacts with the forum state (where plaintiff filed lawsuit) under that state’s long arm statue. o If successful, plaintiff’s lawsuit is dismissed, but plaintiff may file in another jurisdiction and may be able to prove that defendant’s actions meet minimum contract standers for that state/service of process was adequate in that state. For Summary Judgment: Made during or more likely the end of the discovery stage of lawsuit and can be made by either party. o There is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law, and moving party wins. For Directed Verdict: Made after other party has presented their evidence/case at trial. o Can be made by either party, where defendant can make motion at end of plaintiff’s case. If denied, then defendant puts on her case and both parties can make the motion o Moving party loses if there is any evidence favoring the nonmoving party, or there is substantial evidence favoring the nonmoving party. o This motion takes the case from the jury and the moving party wins. For Judgment Notwithstanding the Verdict/Judgment N.O.V.: Made by the losing party after an adverse jury verdict at end of trial o Same grounds as motion for direct verdict/motion for judgment as a matter of law. o If successful, the moving party now wins the case. Motion for a New Trial: Made after trial by party who lost the trial o There are a wide range of grounds including misconduct by judge, attorneys, parties and witnesses, discovery of new evidence, significant legal errors by the judge or the award of excessive damages. Judge may reduce (common) or increase (rare) damages awarded by a jury. o If granted, the moving party gets a new trial. Ch 1 – Nature of Law Types/Source of Law o Constitutional: Based on the US Constitution Federal/Sta te Level o Statues Created by congress or state legislature s Model Laws: - classic example: uniform comm. o Common Law (Case Law) Created by judges Precedent I n c a s e s w h e r e n o l a w s p e c if i e s o u t c o m e F o r m a l: S t a r e d e c i s i s ( L e t t h e d e c is i o n ) I n M D : O n l y l o o k a t M D c a s e s Restateme nts: suggestio ns about what law should be Equity M o n e y d a m a g e s E q u it a b l e Administra tive regulatory agency decisions Treaties Ordinances Executive Orders Priority Rules what if there is conflict abut sources of law o Federal Supremacy – Fed. Laws trump conflicting state laws o Constitutions trump all other sources o Statutes trump
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