Fill In The Blank
Summary Judgment and Jury Trial
The court shall grant summary judgment if the movant shows that there is no ________
________ as to any _______ ________, and the movant is entitled to judgment as a matter of
law.
Motions for summary judgment generally involve citations to ________ parts of the material in
the _________; however, summary judgment can also be granted against a party who has no
evidence at all to properly support an assertion of fact.
The 7th Amendment creates a distinction based on historical practices where some issues were
______, seeking ______ damages, and triable by a jury, but other issues were __________ and
seeking __________ relief or _________ performance and triable by the court.
If a case involves common factual issues, with both legal claims and equitable claims, then a
_______ must hear the legal claims and the _______ is bound by the _______’s findings.
A court may grant a motion for ____________ __ __ _______ __ _____ if the court finds that a
_________ jury would not have a legally __________ ___________ basis to find for the party on
that issue; however, the motion must be made ______ the case is submitted to the jury.
No later than ___ days after the jury was discharged – the movant may file __________ motion
for judgment as a matter of law and may include an alternative or joint request for a ____
______ under rule 59.
FINAL JUDGMENT AND APPEALS
There is no ____________ right to appeal, rather, the right comes from ________.
“The courts of appeals…. Shall have jurisdiction of all ______ __________ of the district courts.”
A final judgment ends the litigation on the ________ and leaves nothing for the court to do but
__________ the judgment.
An appeal must be requested within ___ days of the filing of a final judgment, although a motion
for an extension of time may be granted for ________ neglect or ____ _______