Civ Pro II Quiz Questions with Verified
Solutions
The Seventh Amendment jury trial right is - ANSWER-not incorporated by the 14th
Amendment and thus inapplicable to the States
The right to jury trial in civil cases created by the Seventh Amendment is tied to which? -
ANSWER-Whether there was a right to jury trial in England in 1791
Which word in the Seventh Amendment is understood to define the availability of the
right created thereby? - ANSWER-preserved
If a litigant has a Seventh Amendment right to jury trial, that right cannot be waived, but
can be raised at any time before trial. - ANSWER-False
When must a party demand a jury trial? - ANSWER-no later than within 14 days of the
last pleading directed to the issue to be tried
Which of the following are true regarding the test for jury trial set out in Chauffeurs v.
Terry? - ANSWER-Parties must examine the remedy sought and determine whether it is
legal or equitable in nature
Parties must identify a historic analog to determine whether this cause of action would
have been brought in a court of law or a court of equity in 1791 England
The second prong is given more weight than the first.
If a federal case involves a claim where there is no jury trial right and also a
counterclaim with a jury trial right that has been properly demanded, what should the
federal court do? - ANSWER-Try the counterclaim first to preserve the right to jury trial
Jury trials are never required before non-Article III courts (such as courts created
pursuant to Congress's Article I authority). - ANSWER-False
Under the summary judgment standard a fact is "material" (select all that apply): -
ANSWER-as determined by the substantive law creating the cause of action or defense
at issue
if a dispute over that fact might affect the outcome of the suit under the governing law
, When is dispute of material fact "genuine"? - ANSWER-A dispute of material fact is
genuine when a reasonable jury (or factfinder) could find for the nonmoving party as to
that fact.
When a judge adjudicates a motion for summary judgment, the judge - ANSWER-
resolves any credibility determinations in favor of the nonmovant
cannot weigh the evidence
views the evidence in the light most favorable to the nonmovant
must draw reasonable inferences from the facts in favor of the nonmovant
If the nonmovant has only a scintilla of evidence, that will be sufficient to withstand a
motion for summary judgment and thus summary judgment will be denied. - ANSWER-
False
If the opposing party moves for summary judgment before discovery is finished and you
lack admissible evidence with which to respond, but believe that you will be able to
counter with evidence after you have completed discovery, what should you do? -
ANSWER-File an affidavit with the court explaining that you cannot now present the
evidence but believe you will have evidence once you finish the stated discovery
If summary judgment is filed against you, you can withstand the motion by relying on
your own allegations in your pleadings. - ANSWER-False
Absent a different time set out by court order or local rule, when can a summary
judgment motion be filed? - ANSWER-At any time until 30 days after the close of all
discovery.
When filing a motion for summary judgment, what is the burden of production? -
ANSWER-The burden on the moving party to show through the existing evidence that it
is entitled to judgment as a matter of law; once satisfied, the burden shifts to the
opposing party to show that there is a genuine issue for trial and that summary
judgment should be denied..
According to Justice Brennan in Celotex, a summary judgment movant's options in
fulfilling its burden of production are dependent on what? - ANSWER-Whether the
movant will bear the ultimate burden of proof on that issue at trial.
If a plaintiff moves for summary judgment on a claim that she has brought, what must
the plaintiff do to fulfill her burden of production? - ANSWER-The plaintiff has only one
Solutions
The Seventh Amendment jury trial right is - ANSWER-not incorporated by the 14th
Amendment and thus inapplicable to the States
The right to jury trial in civil cases created by the Seventh Amendment is tied to which? -
ANSWER-Whether there was a right to jury trial in England in 1791
Which word in the Seventh Amendment is understood to define the availability of the
right created thereby? - ANSWER-preserved
If a litigant has a Seventh Amendment right to jury trial, that right cannot be waived, but
can be raised at any time before trial. - ANSWER-False
When must a party demand a jury trial? - ANSWER-no later than within 14 days of the
last pleading directed to the issue to be tried
Which of the following are true regarding the test for jury trial set out in Chauffeurs v.
Terry? - ANSWER-Parties must examine the remedy sought and determine whether it is
legal or equitable in nature
Parties must identify a historic analog to determine whether this cause of action would
have been brought in a court of law or a court of equity in 1791 England
The second prong is given more weight than the first.
If a federal case involves a claim where there is no jury trial right and also a
counterclaim with a jury trial right that has been properly demanded, what should the
federal court do? - ANSWER-Try the counterclaim first to preserve the right to jury trial
Jury trials are never required before non-Article III courts (such as courts created
pursuant to Congress's Article I authority). - ANSWER-False
Under the summary judgment standard a fact is "material" (select all that apply): -
ANSWER-as determined by the substantive law creating the cause of action or defense
at issue
if a dispute over that fact might affect the outcome of the suit under the governing law
, When is dispute of material fact "genuine"? - ANSWER-A dispute of material fact is
genuine when a reasonable jury (or factfinder) could find for the nonmoving party as to
that fact.
When a judge adjudicates a motion for summary judgment, the judge - ANSWER-
resolves any credibility determinations in favor of the nonmovant
cannot weigh the evidence
views the evidence in the light most favorable to the nonmovant
must draw reasonable inferences from the facts in favor of the nonmovant
If the nonmovant has only a scintilla of evidence, that will be sufficient to withstand a
motion for summary judgment and thus summary judgment will be denied. - ANSWER-
False
If the opposing party moves for summary judgment before discovery is finished and you
lack admissible evidence with which to respond, but believe that you will be able to
counter with evidence after you have completed discovery, what should you do? -
ANSWER-File an affidavit with the court explaining that you cannot now present the
evidence but believe you will have evidence once you finish the stated discovery
If summary judgment is filed against you, you can withstand the motion by relying on
your own allegations in your pleadings. - ANSWER-False
Absent a different time set out by court order or local rule, when can a summary
judgment motion be filed? - ANSWER-At any time until 30 days after the close of all
discovery.
When filing a motion for summary judgment, what is the burden of production? -
ANSWER-The burden on the moving party to show through the existing evidence that it
is entitled to judgment as a matter of law; once satisfied, the burden shifts to the
opposing party to show that there is a genuine issue for trial and that summary
judgment should be denied..
According to Justice Brennan in Celotex, a summary judgment movant's options in
fulfilling its burden of production are dependent on what? - ANSWER-Whether the
movant will bear the ultimate burden of proof on that issue at trial.
If a plaintiff moves for summary judgment on a claim that she has brought, what must
the plaintiff do to fulfill her burden of production? - ANSWER-The plaintiff has only one
