7. Finality of Judgments and Appellate Review Flashcards

1
Q

What is a collateral attack?

A

A judgment void on its face may be attacked in any court by any person.

Collateral attacks can be made regardless of the court where the judgment was rendered.

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2
Q

What is a direct attack on a judgment?

A

A judgment may be attacked by a motion for a new trial or by a motion to set aside.

Direct attacks are typically more formal processes aimed at overturning a judgment.

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3
Q

What is the procedure for a motion for a new trial?

A

Motion must be made within 30 days after entry of judgment.

Timeliness is critical for the success of the motion.

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4
Q

What are the grounds for a new trial?

A
  • Weight of the evidence
  • Procedural error
  • New evidence discovered within the time period for motion for new trial
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5
Q

What can a motion to set aside a judgment be based on?

A
  • Lack of jurisdiction over the person or the subject matter
  • Fraud, accident, or mistake
  • A non-amendable defect that appears on the face of the record or pleadings
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6
Q

How long do you have to file a motion to set aside a judgment?

A

Motions to set aside judgments other than for lack of jurisdiction must be brought within three years from entry of the judgment.

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7
Q

What is a new trial granted for?

A
  • Material evidence was illegally admitted or withheld
  • New and material facts discovered after the verdict

The discovery of new evidence must be raised to the court within the time allowed for requesting a new trial.

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8
Q

What is appealable in appellate review?

A
  • Final judgments
  • Interlocutory orders
  • Discretionary appeals

Different types of appeals can be pursued depending on the nature of the ruling.

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9
Q

What is res judicata?

A

A defense in a second action that says the same claim between the same parties has already been adjudicated and there has been a final judgment.

Res judicata prevents re-litigation of claims that have already been decided.

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10
Q

How do motor vehicle cases relate to res judicata?

A

Both property damage and personal injury are part of the same claim for res judicata purposes.

If one claim is won, the defendant could claim res judicata for a subsequent claim.

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11
Q

In Georgia, how does the settlement of one claim affect another in motor vehicle cases?

A

The settlement of one of these two claims will not bar or affect the prosecution of the other claim.

This makes res judicata less applicable in these specific cases.

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12
Q

What is mutual collateral estoppel?

A

Precludes the re-adjudication of an issue that has previously been litigated and adjudicated on the merits in another action between the same parties or their privies.

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13
Q

Does non-mutual collateral estoppel exist in Georgia?

A

Non-mutual collateral estoppel does not exist in Georgia.

This means that parties cannot use collateral estoppel against a party that was not involved in the original litigation.

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14
Q

What has the Supreme Court of Georgia held regarding collateral estoppel?

A

Collateral estoppel requires identity of parties or their privies.

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