Civ Pro Missed Qs

A new trial may be granted when the verdict is:

Excessive, inadequate, or against the weight of the evidence

When can P assert an objection to personal JX?

FRCP 12 provides that objections to personal JX may be asserted in *pre-answer* motions or in the *answer* provided that the objection is asserted in the D's *first response*

Which of the following defenses may be raised at any time prior to trial or at trial?

Failure to state a claim upon which relief can be granted may be raised at any time prior to trial or at trial. Failure to join a party needed for just adjudication would need to be raised at this time too. Lack of personal jurisdiction, improper venue, and insufficient service of process all must be raised at the time the defendant files a motion or his answer (whichever comes first).

When can P assert an objection to venue?

Objections to venue are waived if not asserted in the D's *first response to the complaint*- whether the first response is the answer to a Rule 12(b) pre-answer motion.

What types of appeals can the Supreme Court hear?

The Supreme Court has discretion to hear some appeals from state courts and some appeals directly from federal district courts in certain cases.

The Seventh Amendment guarantees a trial by jury in all cases where:

The claim is "at law," and the amount in controversy exceeds $20

Under Federal Rule 41(b), what are grounds for a court to order an involuntary dismissal against a plaintiff.

The failure to prosecute the case, to comply with the Federal Rules, or to comply with a court order

the action is always deemed commenced for statute of limitations purposes when:

a. in a federal question case, the action is deemed commenced for statute of limitations purposes when the complaint is filed with the court. b. in diversity cases (not federal question cases), the Supreme Court has held that the state rule for determining when the action is commenced applies

If a court agrees that a award is excessive, the court may:

if the judge believes that the jury's compensatory damages award is so excessive as to "shock the conscience" (or in diversity case, if the award meets the state standard for excessiveness) the judge may order a new trial or may offer the alternative remittitur. only additur violates the parties' right to jury trial