Chapter 7: Judgment and Appeals; Preclusion Flashcards
Final judgment
Generally disposes of the case as to all parties and leaves nothing to be judicially determined
Interlocutory order
Made during the action and does not dispose of the case.
When is a judgment entered? When is a judgment rendered?
Reduced to writing, signed by the judge, and filed w/ the clerk of the court.
A copy of the judgment is to be served upon all parties w/ in 3 days of entry.
Rendering a judgment is the announcement of judgment in open court.
When must an appeal be filed?
Must be filed w/in 30 days after service of the entry of the judgment
Final judgment rule
NC courts of appeals have jx over appeals from the final judgments of the superior and district courts.
A final judgment is a decision by the court on the merits that determine the action.
Appeal of interlocutory orders
G/R: absent a final judgment, an order that does not dispose of all parties and claims is interlocutory.
If more than 1 claim is presented in a case, or if there are multiple parties, then the district court may direct entry of a final judgment as to one or more issues or parties, but only if there is “no just reason for delay”
Rule: NC allows an appeal of an interlocutory order that: affects a substantial right and work injury if not corrected before the final judgment.
Determines the action and prevents judgment from which an appeal can be taken; discontinues the action; grants or refuses a new trial; or determines a claim prosecuted under the statute which allows appeals of divorce, child custody, child support, or equitable distribution, regardless of other claims in the action.
A denial of a cert of a class is a substantial right
Mandamus review
A court of appeals can immediately review an order that is an abuse of judicial authority.
Mandamus lies when one of these is present:
the party seeking relief must demonstrate a clear legal right to the act requested;
the D must have a legal duty to perform the act requested;
the duty must be clear and not reasonably debatable;
Performance of the act must be ministerial and not involve exercise of discretion;
The D must have neglected or refused to perform the requested act, and the time for performance of the act must have expired; and
There is no other alternative, legally adequate remedy available.
Standards for reversal
Appellate review of legal rulings is de novo
Factual findings by a district or superior court will only be set aside if clearly erroneous
Factual findings by the jury that are reasonable and supported by the great weight of the evidence must be affirmed even if it is against the weight of the evidence
A district court or superior court, however has discretion to grant its motion for a new trial if if believes that the verdict is against the great weight of the evidence.
Claim preclusions/Res judicata
(1) Sufficiently identical c/a: the original and later-filed action must be sufficiently identical to be barred under claim preclusion. The NC Supreme court has limited the scope of the transactional approach adopted by federal courts and has held the at a P claim was not barred if P sought a remedy for a separate and distinct negligent act that led to a separate and distinct injury, regardless of the fact that the negligent act was part of the same transaction.
(2) Sufficiently identical parties: for claim preclusion to apply, the claimant and D must be the same and in the same roles in both the original action and the subsequently filed action. Parties or those in privity.
NC privity denotes “ a mutual or successive relationship to the same rights of property”. When a party had no control over the previous litigation and nothing in the record show their interests were legally represented, there can be no privity.
Alteration of or relief from judgment
A court can relieve party of final judgment no later than 1 year following judgment entry for mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud, misrepresentation, or misconduct by opposing party.
Calim preclusion (res judicata) FRCP
Valid final judgment on the merits: court must have PJ and SMJ, D must have had proper notice and opportunity to be heard, court must have nothing further to do but order entry of judgment, and decision must be made on the merits of the claim/defense.
Sufficiently identical c/a: original and later-filed c/a must be sufficiently identical to be barred under claim preclusion.
Sufficiently identical parties: P and D must be the same, and in the same roles, as in both original and subsequently filed action.
Issue preclusion (collateral estoppel)
Same issue: facts relevant to particular issue and applicable law must be identical
Final, valid judgment: first determination of issue was w/in auth of court that decided it and determination was made in final decision on the merits
Essential to judgment: issue that constitutes a necessary component of the decision reached will be considered essential.
