*Abridged Summary Judgment*
1. Rule 56 provides for SJ motions to be made when a party, before trial, wishes to challenge the
evidentiary sufficiency of the opponent's case.
o
If there is "no genuine issue as to any material fact and the movant is entitle
CIVIL PROCEDURE I EXAM GUIDANCE
ESSAY: The essay section of the exam includes three (3) essay hypotheticals: Essay #1: 45
points/minutes. Essay #2: 45 points/minutes. Essay #3: 30 points/minutes. The total
time/points for the essay portion of the exam is/
I.
Pleadings
a. Goal of Pleadings
i. The Pleadings are formal written exchanges that set out each partys claims and defenses;
First step to pre-trial; basic notification.
ii. The importance of the pleadings depends on whether or not will go through other
PLEADING I
Basic Pleading of
Claims: FRCP 8(a) &
10
Background
Historical English Pleading
Types:
Common Law
Forms of Action & Writs
Equity Royal Prerogative
Distinctions b/w Law & Equity
Remedy Specific Performance & Injunctive Relief
Rights Cancell
DISPOSITIVE MOTIONS I
Pre-Trial Motions on the
Merits
Pre-Trial Dispositive Motions &
Actions
Dismissals
FRCP 41
Default FRCP 55
Dismissal for Failure to State a Claim
FRCP 12(b)(6)
Judgment on the Pleadings FRCP 12(c)
Summary Judgment FRCP 56
Focu
DISPOSITIVE MOTIONS I
http:/www.youtube.com
/watch?
v=WZHiXygymwM
Impact of Burdens on SJ Standard
Party
Burden on SJ
Burden to Avoid SJ
(Party w/Burden @
Trial)
(Movant w/Burden @
(Nonmovant w/Burden @
Trial)
Affirm Evid. Showing Gen.
Dispute on All Ess
PLEADING
Objecting &
Responding to a Claim
or Pleading, FRCP 12,
8, & 9
Objecting & Responding to a
Claim
By
Motion
FRCP 12
By Answer
FRCP 8 & 9
Objecting by Motion
FRCP
12
Dismissal FRCP 12(b) (also Rule 56).
Judgment FRCP 12(c)
More Definite State
I.
Introduction to Civil Procedure in US
a. Adversarial System- US systems, parties control cases
b. Inquisitorial System- Most of Europe, rest of the world; court directs case
c. Rule 1
i. Rule 1- [Federal Rules of Civil Procedure] should be construed an
Civ pro outline
Rule 8(a)
Conley gives fair notice of claim and grounds upon which it rests
Leatherman Limit a requirement for greater specificity must be made by
amending FRCP not judicial interpretation.
Twombley a plaintiffs obligation to provide the g
DISPOSITIVE MOTIONS I
Pre-Trial Motions on the
Merits
Summary Judgment
FRCP 56
Purpose?
Standard
Absence of:
Genuine Dispute/Issue
Material Fact
Judgment as a Matter of Law
Non-Movant:
All Evidence/Facts Construed in Light Most Favorable
Benefit of A
JURY TRIALS
Instructions & Verdicts
Jury Instructions
Instructing Jury on the Law FRCP 51
(a) Proposed Instructions
Close of Evidence or Earlier (if ordered by Court)
(b)(1) Court Informs Parties of Instructions (b/4 closing argument)
Objecting to Instr
Components of the exam itself:
Go to the call of the question first before you read the fact pattern
Discuss the arguments on both sides before discussing the side you picked
Plaintiffs original claim v. Defendant
Always analyze! Always discuss both sides
JURY TRIALS
The Constitutional Right
to a Jury & Jury
Demands
U.S. Const., Amend. VII
In Suits at common law, where the value in
controversy shall exceed twenty dollars, the
right to trial by jury shall be preserved, and
no fact tried by a jury, shall be
