6. Verdicts And Judgments Flashcards
What is the rule regarding jury verdicts unless the parties stipulate otherwise?
A jury verdict MUST be unanimous and returned by a jury of at least six members.
What happens if polling jurors reveals a lack of unanimity?
The court may direct the jury to deliberate further or may order a new trial.
Define a general verdict.
A general verdict simply states which party should win, the plaintiff or defendant, without addressing specific findings on each issue of fact.
What is a special verdict?
The court may direct the jury to answer specific questions of fact.
When is a party considered to have waived the right to a jury trial?
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.
What must the court do when submitting a general verdict with answers to written questions?
The court MUST give instructions and explanations necessary for the jury to render a general verdict and answer the questions in writing.
What should the court do when the general verdict and the answers are consistent?
The court MUST approve, for entry under Rule 58, an appropriate judgment on the verdict and answers.
What occurs when one or more answers are inconsistent with the general verdict?
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.
In what scenario must the court direct the jury to further consider its answers?
When the answers are inconsistent with each other and one or more is also consistent with the general verdict.
What is required of a court in a bench trial regarding its findings?
The court MUST find the facts specially and state its conclusions of law separately.
When ruling on an interlocutory injunction, what must the court state?
The court MUST state the findings and conclusions that support its action.
Is the court required to state findings or conclusions when ruling on a motion to dismiss?
No, the court is NOT required to state findings or conclusions when ruling on a motion to dismiss or for summary judgment.
What must a party do to question the sufficiency of the court’s findings?
A party may later question the sufficiency of the evidence supporting the findings, regardless of whether they requested findings.
Under what conditions can findings of fact be set aside?
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.
What can a court do within 28 days after the entry of judgment regarding its findings?
The court may amend its findings or make additional findings and may amend the judgment accordingly.
What is a claim preclusion?
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.
When a plaintiff tries to relitigate the same claim against the same defendant in a later action, under claim preclusion,
this claim is
said to have “merged” with the first claim and the plaintiff is precluded
When a defendant tries to relitigate the same claim against the same plaintiff, under claim preclusion, this claim is said
to be “barred” by the earlier adverse judgment and the
defendant is precluded.
What is the rule regarding claim preclusion?
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.
No Judgment on the merits
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.
How does claim preclusion operate as an affirmative defense?
Claim preclusion operates as an affirmative defense that is WAIVED if not properly asserted.
Can claim preclusion be asserted in a motion for summary judgment?
Yes, claim preclusion can be asserted as a basis for a summary judgment motion.
What happens if a defendant fails to bring a compulsory counterclaim in the first suit?
They are precluded from filing it as a plaintiff in a later suit.
What is issue preclusion?
“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.