Motions, Trial & Judgment

What is a motion?

A request asking the court to enter an order or take action.

Rule 56 summary judgment standard?

No genuine dispute of material fact and movant entitled to judgment as a matter of law.

Rule 12(b)(6) vs. Rule 56?

12(b)(6) tests legal sufficiency of claim; Rule 56 considers whether a material fact dispute requires trial.

Ways to end a case without trial?

Dismissal, settlement/ADR, summary judgment, or default judgment.

What is a Rule 16 pretrial conference for?

Organizing issues, evidence, witnesses, and schedule.

Rule 38 relates to what?

Demand for a jury trial.

What is voir dire?

Questioning prospective jurors for selection.

Challenge for cause vs. peremptory challenge?

For cause identifies a reason for bias; peremptory ordinarily needs no stated reason but has legal limits.

Basic civil trial sequence?

Openings; plaintiff evidence; defense evidence; closings; instructions; deliberation/verdict; judgment.

What is the usual civil burden of proof?

Preponderance of the evidence: more likely than not.

What is satisfaction of judgment?

Formal record that judgment has been paid or fulfilled.