La Civ pro quiz #2

What is the definition of a interlocutory judgement?

• Interlocutory judgements only addresses preliminary matters and determines the merits of the case; generally NOT appealable.

• Interlocutory judgements only addresses preliminary matters and does not determine the merits of the case; generally NOT appealable.

• Interlocutory judgements determines the merits of the action; may dispose of the case either partially or in its entirety; appealable.

• Interlocutory judgements determines the merits of the action; may dispose of the case partially; appealable.

Answer explanation

Interlocutory judgements only addresses preliminary matters and does not determine the merits of the case; generally NOT appealable.

True or False: Partial Final Judgment •does not decide all issues in the case

BUT final and may be immediately appealed if it dismisses the suit as to less than all the parties; grants MSJ

• True

• False

Answer explanation

Partial Final Judgment does not decide all issues in the case.

BUT final and may be immediately appealed if it dismisses the suit as to less than all the parties; grants MSJ

What is a partial judgement?

• does not decide all issues in the case

  Not final and not appealable. unless trial court designates it as a final judgment after express determination that there is no just reason for delay.

• does not decide all issues in the case

  BUT final and may be immediately appealed if it dismisses the suit as to less than all the parties; grants MSJ

• only addresses preliminary matters and does not determine the merits of the case; generally NOT appealable

• determines the merits of the action; may dispose of the case either partially or in its entirety; appealable

Answer explanation

Partial Judgement:

• - does not decide all issues in the case

• - Not final and not appealable – unless trial court designates it as a final judgment after express determination that there is no just reason for delay

You can only do a Motion to Amend Judgment for what?

• only to correct calculation errors

• only to alter substance or correct calculation errors

• only to alter phraseology (not substance) or correct calculation errors

Answer explanation

Motion to Amend Judgment: only to alter phraseology (not substance) or correct calculation errors

What is a Motion for Nullity of Judgment?

• Judgment procured by fraud or ill practices – must be brought within 1 year of discovery

  Judgment against Def who was not properly served (and did not waive) – any time

• Not final and not appealable – unless trial court designates it as a final judgment after express determination that there is no just reason for delay

• only addresses preliminary matters and does not determine the merits of the case; generally NOT appealable

Answer explanation

Motion for Nullity of Judgment

•Judgment procured by fraud or ill practices – must be brought within 1 year of discovery

•Judgment against Def who was not properly served (and did not waive) – any time

Triggers for appeal deadlines are:

• The time for filing a new trial or MSJ motion has elapsed; OR

  The clerk’s mailing of a judgment denying such motions

• The time for filing a new trial or MSJ motion has elapsed; OR

  The clerk’s mailing of a judgment granting such motions

• The time for filing a new trial or JNOV motion has elapsed; OR

  The clerk’s mailing of a judgment denying such motions

• The time for filing a new trial or JNOV motion has elapsed; OR

  The clerk’s mailing of a judgment granting such motions

Answer explanation

Triggers for appeal deadlines:

The time for filing a new trial or JNOV motion has elapsed; OR

The clerk’s mailing of a judgment denying such motions.

Suspensive appeal: must be taken within ___days of either deadline

• 15

• 20

• 60

• 30

Answer explanation

Suspensive appeal: must be taken within 30 days of either deadline

Devolutive appeal: must be taken within ___ days of either deadline

• 15

• 60

• 30

• 90

Answer explanation

Devolutive appeal: must be taken within 60 days of either deadline

True or false:

Standards of appellate review:

Trial court’s factual conclusions – manifest error review (only if clearly wrong)

Trial court’s legal conclusions – de novo (no deference)

• True

• False

Answer explanation

•Standards of appellate review:

•Trial court’s factual conclusions – manifest error review (only if clearly wrong)

•Trial court’s legal conclusions – de novo (no deference)

What is Motion for Directed Verdict?

• Moving party requests the court remove the case from judges to jury consideration

• Moving party requests the court remove the case from jury consideration

• Moving party requests the court remove the preliminary issues of the case from jury consideration

Answer explanation

Moving party requests the court remove the case from jury consideration