Under Rule 50, what is a judgment as a matter of law?

When is it used?

When is the motion filed?

While at trial, if there is sufficient evidence that support a party's case for which a reasonable jury would not reach a decision to the contrary, the court can:

1) Grant a motion for judgment as a matter of law

2) The motion for JML is filed at any time before the case reaches the Jury

Under Rule 50, when can an JML be entered after trial?

What are the court's options?

If the trial took place (thus no JML on favor was issued) and a party still

believes they have the right of the MSJ, then the party can refile a MSJ no later

than 28 days after the entry of the previous judgment or no later than 28 days if

the jury was discharged. In this case the Court:

1. Allow a judgment on the verdict (if any verdict was issued)

2. Order a new trial

3. Enter a JML

When the Motion for JM: is denied by a lower court, the party has the right to

appeal.

Under Rule 57, who can ask the court for a declaratory judgement?

When is a declaratory judgment used?

What kind of remedy is a Declaratory Judgment

1) Any Party can ask the court to rule on and affirm the rights, duties, or obligations of one or more parties in a civil action where "there is future uncertainty."

2)It helps parties when tyhey need "direction" on how to proceed in a litigation later on.

3) The declaratory judgment is considered a statuoty remdy and not an quitable one.

What are some examples of when declaratory judgment might be used?

What kinds of case is it extremely common?

1) Declaratory judgments are quite common in patent infringement cases

2) A declaratory judgment action may be brought by employees against the former employer concerning the enfroceability of a covenant not to compete within a market area

30 A patent owner who is concerned about infringing another company's patent may file a declaratory judgment action seeking a declaration of non-infringement.

Under Rule 54, what is the definition of judgment/costs?

Can it be for just one claim or all claims?

When will the court not grant reliefs that a party does not ask for? When will it?

Definition based on the FRCP: "A decree or any order from which an appeal lies"

If there are more than one claim fro relief, a judgment can be issued to one specific claim or all.

In a a default judgment, the court will not grant a relief that a party has not asked hor; however, in every other final judgment, the court will enter a relief to which a party is entitled even if it is not demanded in the pleadings.

Attorneys fees are requested by filing a motion which should be fled within 14

days after the entry of the final judgment.

Under Rule 55, when can default judgment be used?

Who may insitutute the judgment and in what kinds of cases?

When the party against whom the action is sought, has failed to properly respond, defend himself, the court enters a default judgment in faovr of the moving party.

It may be entered in two ways:

1) By clerk of the court (simple cases)

2) By the court (more complex cases).

Under Rule 59, when must a motion for a new trial/alter/amend a judgment be filed?

What should the party's state when filing the motion for a new trial/ alter/amend a judgment?

Can the court request a new trial on its own?

A Motion must be filed within 28 days after the entry of the final judgment.

The party requested should state the ground for relif accompanied by any affidavits

The court can on its own request a new trial for any reason that would justify granting a new trial and for any reason not noted in a party's motion.

1) Arrest

2) Attachment (at the request of the creditor/court order specific property owned by the debtor is to be transferred to the creditor, or sold for the benefit of the creditor)

3) Garnishment (creditor can collect what a debtor owes by reaching the debtors property when it is in the hdnas of someone other than debtor- i.e. your paycheck).

4) Replevin (owner asks for his own property/goods but no damages- term no uesd nowadays in most states).

5) Sequestration (act or removing, separating, or seizing anything from the possession of tis owner under process of law for the benefity of creditors or the state)

Uner Rule 65, what is a preliminary injuction?

Can it be made permanent?

A preliminary Injucntion or PI Is entered by a court prior to a final determination of them ertis of a case in order to restrain a party from continuing its illegal cours of conduct until the case has been decided.

If the case is decided agains the party that has been enjoined, then the injunction will usually be made permanent. If the case is decided in favor of the party that has been enoined, the injunction will usually be dismissed.

1) That there is a substantial likelihood of success on the merits

of the case,

2) That they face a substantial threat of irreparable damage or

injury if the injunction is not granted,

3) The balance of harms weighs in favor of the party seeking

the preliminary injunction

4) That the grant of an injunction would serve the public

interest.

Under Rule 65, what is a Temporary Restraining order?

What are its requirements?

When will it be granted?

How long may it last?

Temporary Restraining order or TRO is a short-term, pre-trial temporary injunction.

Its requirements include:

Like a PI, a party mus  show the court that he or she will suffer immidiate irreparable harm.

If the judge in convinced that a TRO is necessary, he or she may issue the order immediately, without informing the other parties and without informing the other parties and without holding  hearing.

TROs only last until the court holds a hearing on wether or not to grant a PI.