6. Verdicts And Judgments

Question 1

What is the rule regarding jury verdicts unless the parties stipulate otherwise?

Answer 1

A jury verdict MUST be unanimous and returned by a jury of at least six members.

Question 2

What happens if polling jurors reveals a lack of unanimity?

Answer 2

The court may direct the jury to deliberate further or may order a new trial.

Question 3

Define a general verdict.

Answer 3

A general verdict simply states which party should win, the plaintiff or defendant, without addressing specific findings on each issue of fact.

Question 4

What is a special verdict?

Answer 4

The court may direct the jury to answer specific questions of fact.

Question 5

When is a party considered to have waived the right to a jury trial?

Answer 5

A party waives the right to a jury trial on any factual issue not submitted to the jury unless the party demands its submission before the jury retires.

Question 6

What must the court do when submitting a general verdict with answers to written questions?

Answer 6

The court MUST give instructions and explanations necessary for the jury to render a general verdict and answer the questions in writing.

Question 7

What should the court do when the general verdict and the answers are consistent?

Answer 7

The court MUST approve, for entry under Rule 58, an appropriate judgment on the verdict and answers.

Question 8

What occurs when one or more answers are inconsistent with the general verdict?

Answer 8

The court may approve for entry an appropriate judgment according to the answers, notwithstanding the general verdict, or direct the jury to further consider its answers and verdict.

Question 9

In what scenario must the court direct the jury to further consider its answers?

Answer 9

When the answers are inconsistent with each other and one or more is also consistent with the general verdict.

Question 10

What is required of a court in a bench trial regarding its findings?

Answer 10

The court MUST find the facts specially and state its conclusions of law separately.

Question 11

When ruling on an interlocutory injunction, what must the court state?

Answer 11

The court MUST state the findings and conclusions that support its action.

Question 12

Is the court required to state findings or conclusions when ruling on a motion to dismiss?

Answer 12

No, the court is NOT required to state findings or conclusions when ruling on a motion to dismiss or for summary judgment.

Question 13

What must a party do to question the sufficiency of the court’s findings?

Answer 13

A party may later question the sufficiency of the evidence supporting the findings, regardless of whether they requested findings.

Question 14

Under what conditions can findings of fact be set aside?

Answer 14

Findings of fact must NOT be set aside unless they are clearly erroneous and the reviewing court gives due regard to the trial court’s opportunity to judge the witnesses’ credibility.

Question 15

What can a court do within 28 days after the entry of judgment regarding its findings?

Answer 15

The court may amend its findings or make additional findings and may amend the judgment accordingly.

Question 16

What is a claim preclusion?

Answer 16

Claim preclusion (also known as “res judicata”) means that a court’s final judgment is conclusive against the same
parties in any further, identical cause of action between the parties.

Question 17

When a plaintiff tries to relitigate the same claim against the same defendant in a later action, under claim preclusion,
this claim is

Answer 17

said to have “merged” with the first claim and the plaintiff is precluded

Question 18

When a defendant tries to relitigate the same claim against the same plaintiff, under claim preclusion, this claim is said

Answer 18

to be “barred” by the earlier adverse judgment and the
defendant is precluded.

Question 19

What is the rule regarding claim preclusion?

Answer 19

The doctrine of claim preclusion prevents relitigation of a claim or all claims that could have been brought in an earlier action:

   i.)     between the same parties AND those who are in privity to them;

  ii.)     Arising out of the same transaction or occurrence underlying the first suit; and

   iii.) There was a Valid final judgment on the merits in the first suit with proper SMJ and PJ.

Question 20

No Judgment on the merits

Answer 20

A judgment is not on the merits if it is a dismissal for lack of personal jurisdiction, lack of SMJ, improper venue, or dismissal with prejudice.

Question 21

How does claim preclusion operate as an affirmative defense?

Answer 21

Claim preclusion operates as an affirmative defense that is WAIVED if not properly asserted.

Question 22

Can claim preclusion be asserted in a motion for summary judgment?

Answer 22

Yes, claim preclusion can be asserted as a basis for a summary judgment motion.

Question 23

What happens if a defendant fails to bring a compulsory counterclaim in the first suit?

Answer 23

They are precluded from filing it as a plaintiff in a later suit.

Question 24

What is issue preclusion?

Answer 24

“Issue preclusion” (also known as collateral estoppel) means that issues litigated and determined in a first lawsuit are
binding on the parties involved should those issues arise in any subsequent proceeding.

The first judgment binds the plaintiff or defendant (or their privies) in subsequent lawsuits involving other causes of action that involve the same
issues.

Question 25

What is required for issue preclusion to apply?

Answer 25

For litigation of a particular factual issue to be precluded:
1. the issue MUST have been litigated and determined in the prior suit;
2. the issue MUST have been essential to the judgment;
3. the prior suit MUST have ended in a valid final judgment on the merits; and
4. the party against whom preclusion is asserted MUST have had a full and fair opportunity and incentive to litigate the issue in the first suit.

Question 26

Can nonparties (people who were NOT present in the first lawsuit) may invoke issue preclusion against a party from the first lawsuit?

Answer 26

Yes. This arises in the form of non-mutual collateral estoppel (“non-mutual” because only one of the parties was present in the first suit).

Question 27

Can issue preclusion be used against someone who was not a party to the previous action?

Answer 27

No, issue preclusion may NOT be used against someone who was NOT a party to the previous action.

Question 28

What is non-mutual collateral estoppel?

Answer 28

A doctrine that allows a defendant not involved in a prior suit to use the result of prior litigation in which the plaintiff lost an issue.

Question 29

Defensive non-mutual collateral estoppel

Answer 29

(someone who was not present in the first lawsuit using that first judgment to avoid liability in a second lawsuit) will only be permitted if the precluded party had a full and fair opportunity to litigate the issue in the first lawsuit.

Question 30

What must courts consider when permitting offensive use of issue preclusion?

Answer 30

1. Whether the plaintiff could have easily joined in the first action,
2. whether procedural opportunities were available to the defendant in the second suit that were unavailable in the earlier action, and
3. whether the defendant had an incentive to litigate the issue in the first action.

Question 31

Which jurisdiction’s preclusion law applies when deciding preclusion?

Answer 31

Courts will apply the preclusion law of the forum whose court rendered the earlier judgment.

Question 32

What applies if the earlier judgment was rendered by a state court?

Answer 32

The state preclusion law applies under the Full Faith and Credit Clause.

Question 33

What applies if the earlier judgment was rendered by a federal court having diversity jurisdiction?

Answer 33

Federal law calls for applying the preclusion law of the state in which the federal court sits.