Deck 17: Motions

Question 1

Errors called plain error or fundamental error may not be noted for the first time in a posttrial motion.

Answer 1

False

Question 2

Define
summary judgment

Answer 2

A procedure by which a party may avoid a trial by showing the court that there is no dispute on the material facts. The procedure allows the court to apply the law to the undisputed facts and order entry of a judgment for a party. A summary judgment may be dispositive of the entire action or resolve only part of the dispute.

Question 3

Posttrial motions may be combined with one another and may be made in the alternative.

Answer 3

True

Question 4

The party who opposes a summary judgment has the burden of showing there is no dispute concerning any material fact.

Question 5

Define
judge's minutes

Question 6

If the court determines there is a legitimate dispute concerning a material fact, the court must deny the motion for summary judgment, unless both parties have moved the court for summary judgment.

Question 7

Define
prejudicial error

Question 8

Define
additur

Question 9

A summary judgment may be dispositive of an entire case or only a part of the case.

Question 10

Define
plain error

Question 11

Define
stipulation of facts

Question 12

Define
remittitur

Question 13

The moving party does not have to prove that the error did, in fact, affect the outcome of the trial.

Question 14

Define
cross-motions for summary judgment

Question 15

Define
material fact

Question 16

A party may offer live testimony to support or oppose a motion for summary judgment.

Question 17

Define
trial de novo

Question 18

If a new trial is ordered it must be on all issues raised in the pleadings.

Question 19

Define
declaratory judgment

Question 20

Define
dispositive motion

Question 21

Under Rule 56(c), the adverse party must serve and file any opposing affidavits at least day(s) before the hearing.

A) 1
B) 5
C) 10
D) 20

Question 22

A motion for a new trial must be served upon all parties within days after the entry of the judgment.

A) 10.
B) 20.
C) 30.
D) 60.

Question 23

A party may resort to a summary judgment motion only when the party can present all of the material facts to the court in documentary form, including all but the following:

A) a party's own pleadings.
B) deposition transcripts.
C) affidavits.
D) stipulations.
E) rule 36 admissions.

Question 24

Rule 56(c) provides that a summary judgment motion must be served at least days before the hearing.

A) 10
B) 20
C) 30
D) none of the above.

Question 25

Which of the following is ordinarily considered to be a motion, as opposed to a form of legal action?

A) a summary judgment.
B) a declaratory judgment.
C) both of the above.
D) neither of the above.

Question 26

Most negligence cases are well suited for resolution by summary judgment even though the ultimate question of fact would be a jury issue.

Question 27

A dispute over some facts does not preclude a summary judgment if the disputed facts are not material to the legal issue.

Question 28

The moving party is entitled to posttrial relief if error was "duly preserved" by:

A) a signed statement.
B) a timely objection.
C) expert testimony.
D) a declaratory judgment.

Question 29

Ordinarily, the plaintiff may not serve a motion for summary judgment until days after commencement of the action.

A) 10.
B) 20.
C) 30.
D) none of the above.

Question 30

A motion for judgment notwithstanding the verdict is never combined with a motion for new trial.

Question 31

If a party fails to bring an error to the attention of the court in a timely manner, error is waived.

Question 32

An order denying the motion for a new trial needs no explanation.

Question 33

A defendant may serve and file a motion for summary judgment anytime after the action is commenced.

Question 34

A motion for judgment as a matter of law is considered the first step to a dismissal.

Question 35

A party may make a motion for summary judgment in a declaratory judgment action.

Question 36

In federal court, a losing party may simply appeal from the judgment; a motion for a new trial is not necessary.

Question 37

The opposing party cannot oppose a motion for summary judgment by merely denying that the moving party's evidence is correct and complete.

Question 38

If the case was tried to a judge without a jury, the moving party may move the court for:

A) amended findings of fact.
B) amended conclusions of law.
C) both (a) and (b).
D) neither (a) nor (b).

Question 39

Reversible errors do not arise out of:

A) trial procedures.
B) rulings on the evidence.
C) misapplication of the substantive law in the jury instructions.
D) none of the above.

Question 40

The verification of error may not be made through:

A) a partial trial transcript.
B) a complete deposition transcript.
C) affidavit.
D) exhibit.
E) judge's minutes.

Question 41

What should the court do if an award made by a jury is manifestly unfair?

Question 42

What four parts should every motion contain?

Question 43

What could a moving party do to use an opposing party's signed statement to establish a fact to support a motion for summary judgment?

Question 44

May a party use the opponent's responses to requests for admissions to support a motion for summary judgment?

Question 45

What is the purpose of posttrial motions?

Question 46

What kind of evidence must be used to support a motion for summary judgment?

Question 47

Why would a party use a declaratory judgment action?

Question 48

What role may a paralegal have in handling a posttrial motion?

Question 49

What should the court do where an alleged error may have affected the outcome of the case, but the court cannot ascertain how the case would have been decided if the error had not occurred?

Question 50

What may a party do when another party serves and files a motion for summary judgment, yet the first party, wishing to oppose the motion, cannot obtain the necessary documentary evidence with which to oppose the motion?

Question 51

What must the lawyer be prepared to do immediately upon objecting to improper evidence or other error?

Question 52

When does a party move for amended findings rather than a new trial?

Question 53

How may an appellate court respond to "plain error?"

Question 54

What is the most common basis or ground for opposing a summary judgment?

Question 55

What is the criteria for deciding whether the court should order an additur?

Question 56

May a party use admissions in pleadings to support a motion for summary judgment?

Question 57

What are the potential benefits to a party who makes a motion for summary judgment?