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All main topics / Law / Civil Law

Civil Procedure 1L (94 Cards)

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Galloway v. U.S.
P is crazy and was in Army during WWI – wants to prove was disabled by insanity from time was in Army through trial

H - Right to jury trial means that the jury is allowed to make a reasonable inference from facts proven in evidence – Π has large gaps in time which is too large of an inference for jury to make

Tags: JNOV, Right to Jury
Lavender v. Kurn
RR death in the night - gash in back of head.  Could have been hit by mail hook on train, or killed by bum.

H - All evidence is circumstantial and consistent w/ 2 theories  jury to decide – not up to court to determine which of explanations is more plausible, so cannot DV
Tags: JNOV, Right to Jury
Guenther v. Armstrong Rubber
Π changing tire which exploded in face; Π thought it was one type of tire, yet the person who “rescued” the tire after explosion said was another type of tire which was defective

H - DV not proper in this case b/c no reason why jury should not be able to readily resolve the problem in dispute – whether evidence is authentic is a jury question.  P could have just forgotten b/c trauma of evidence – not unreasonable for jurors to think that
Tags: JNOV, Right to Jury
Flashcard set info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010
Tags: Sherman, 2009
Card tags:
All cards (94)
Amend (4)
Answer (4)
Attorney Fees (1)
Class Action (4)
Compulsory Counter (1)
Default (1)
Discovery (8)
Diversity Jdx (2)
Impleader (4)
Interpleader (1)
Intervention (8)
Jdx (12)
JNOV (3)
Joinder (5)
PI (2)
Pleading (19)
Pre Trial Settlement (1)
Real Parties (1)
Right to Jury (6)
Sanctions (4)
Specificity (11)
Summary Judgment (8)
Topics (2)
TRO (2)
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