7a Bar On Additur In Any Form Dimick V Schiedt
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
19257_stewardship_canner · CIVIL_PROCEDURE · Choice AOffer the defendant a choice between a higher damage award or a new trial on damages.
Why it's attractive
The student sees 'offer the defendant a choice' as a procedural compromise that respects the jury verdict and the defendant's autonomy. The Gold Key tells them Dimick v. Schiedt rejected this exact workaround.
Why it's wrong
The student sees 'offer the defendant a choice' as a procedural compromise that respects the jury verdict and the defendant's autonomy. The Gold Key tells them Dimick v. Schiedt rejected this exact workaround.
19257_stewardship_canner · CIVIL_PROCEDURE · Choice BEnter judgment as a matter of law.
Why it's attractive
The student reaches for the most powerful judicial tool (JMOL) and assumes the judge can deploy it whenever the verdict is wrong. The stem supplies the post-verdict posture, which closes the Rule 50 sua sponte window.
Why it's wrong
The student reaches for the most powerful judicial tool (JMOL) and assumes the judge can deploy it whenever the verdict is wrong. The stem supplies the post-verdict posture, which closes the Rule 50 sua sponte window.
19257_stewardship_canner · CIVIL_PROCEDURE · Choice CAmend the judgment to increase the damages by additur.
Why it's attractive
The student knows additur is unconstitutional in federal court and rules this out on first read. A student who does not is in anchor_gap territory; the Gold Key (Dimick) resolves the cut.
Why it's wrong
The student knows additur is unconstitutional in federal court and rules this out on first read. A student who does not is in anchor_gap territory; the Gold Key (Dimick) resolves the cut.
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