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CA Essay Bar Studies > Civ Pro > Flashcards

Civ Pro Flashcards

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1
Q

Proper Court

A

JDX over persons involved, subject matter, proper venue

Defendant notice of suit and proper law used

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2
Q

PJ

A

Proper JDX over the parties

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3
Q

Ways to get PJ

A

Traditional
General
Specific

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4
Q

Traditional PJ

A

Personal Service
Consent
General Appearance
Domiciled

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5
Q

Personal Service Trad PJ

A

Present in the state when served (except when brought via fraud)

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6
Q

Consent Trad PJ

A

In advance through contract

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7
Q

General Appearance Trad PJ

A 
If negotiates settlement
Appearing to confirm settlement
Seeking ex parte relief
Local agent for service of summons
Signing acknowledgment of service form
Participation before filing motion to quash
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8
Q

CA Gen Appearance Trad PJ

A

Allowed for temp entering state jud proceed

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9
Q

Domiciled Trad PJ

A

Physical presence

Subjective intent to remain

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10
Q

General PJ

A

Domiciled for individual
Entity
Systematic and continuous contact with forum OR state of incorporation

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11
Q

Specific PJ Long Arm

A

Reach beyond own borders to assert JDX over nonresident under certain specified situations
If no long-arm, assumed to be in line with Federal rule

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12
Q

CA Specific PJ Long Arm

A

Any person or property up to limits of the Constitution

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13
Q

Minimum Contacts Long Arm

A

“[S]ufficient minimum contacts with the forum state such that asserting jurisdiction over him does not offend traditional notions of fair play and substantial justice”

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14
Q

Req to Meet Minimum Contacts

A

Purposeful Availment
Relatedness
Foreseeability
Fairness/Reasonableness

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15
Q

Purposeful Availment

A 
Availed himself the benefits and protections:
Presence in forum
Doing business in forum
Stream of commerce
Effects from outside forum
Internet sliding scale
Property
Contracts
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16
Q

Relatedness Minimum Contacts

A

The closer the contact related to claim less contacts need corp
Always at home in state of incorp and principal place of bus and others that render corp at home

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17
Q

Foreseeability Minimum Contacts

A

Reasonably foreseeable to be haled into court

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18
Q

Fairness Reason Minimum Contacts

A

Burden of defendant VS
Forum state’s interest in adjudicating
Plaintiff’s interest in convenient relief
Access to evidence and witnesses
Interstate efficiency
Shared interest in furthering social policy

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19
Q

SMJ

A

Proper JDX over subject matter

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20
Q

Types of SMJ

A

Fed Question

Diversity

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21
Q

Fed Question SMJ

A

I.e. Constitution, federal statutes, treaties
Well-Pleaded Complaint
When the federal law issue is presented in the plaintiff’s complaint only the complaint; not defenses

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22
Q

Exception Cases to Diversity

A

Probate

Domestic Relations

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23
Q

Req of Diversity

A

Complete Diversity

Amount in Controversy

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24
Q

Complete Diversity

A

All Plaintiffs/All Defendants diverse between the v

Where domiciled

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25
Q

Exceptions to Complete Diversity

A 
Interpleader
Only 2 adverse claimants
Class actions over $5,000,000
Any member of the class diverse
75 persons died from same accident
Only one defendant needs to be diverse
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26
Q

Domicile of Individuals Complete Diversity

A

Physical present

Subjective intent to stay permanently

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27
Q

Domicile of Corp Complete Diversity

A

State were incorporated
Principal place of business (PPB)
“Nerve center” where officers direct, control, and coordinate the corp’s activities (headquarters)

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28
Q

Domicile Unincorp Ass’ns Complete Diversity

A

Citizenship of all members

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29
Q

Domicile Incompetent Complete Diversity

A

Determined by them AND

NOT their representatives

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30
Q

Domicile Alienage Complete Diversity

A

No fed JDX between aliens UNLESS also US citizens on both sides

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31
Q

Amount in Controversy

A

Exceeds $75,000 at time of action

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32
Q

Aggregation of Amount in Controversy

A

One plaintiff v one defendant
Joint tortfeasor defendants
Multiple if common undivided interest BUT may have to pay defendant’s litigation costs if recovers less than $75,000
NOT allowed for counterclaims
Counterclaims not included to meet plaintiffs amount
Compulsory not required to meet
Permissive must meet

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33
Q

Supp JDX SMJ

A

Allows extension of subject matter JDX when additional claim does not have individual JDX AND based on common nucleus of operative fact

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34
Q

CA SMJ

A

General subject matter JDX UNLESS within exclusive JDX of another court

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35
Q

CA SMJ Classifications

A

Unlimited
Limited
Small Claims
If misclassified, may seek reclassification

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36
Q

CA Unlimited SMJ

A 
Superior Court
Amount exceeding $25,000
No limitations on:
Pleadings
Discovery
Relief Available
Can recover any amount
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37
Q

CA Limited SMJ

A 
Superior Court
$25,000 or less
Limitations on use of process AND
Equitable relief available
Cannot recover more than $25,000
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38
Q

CA Small Claims SMJ

A

Small Claims Court
Individual $10,000 or less
Business $5,000 or less

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39
Q

Removal

A

Move case from state court to federal court if originally could have been brought there
Only defendants eligible to remove UNLESS defendant citizen of forum
To federal district court in same state action is pending
Within 30 days after service of initial summons or pleading

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40
Q

Remand

A

Attempts to remove are improper
Federal court can remand back to state court
Plaintiff must remand within 30 days of removal
No time limit if no subject matter JDX

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41
Q

Venue

A

Geographic district that is the

Proper place for particular case to be heard

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42
Q

Place of Proper Venue

A

District where claim occurred OR substantial part of claim arose OR where land in dispute is located
District where any defendant resides if all defendants residents of same state

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43
Q

CA Venue Claim Occurred

A

County where claim arose or where land in dispute located

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44
Q

CA Venue where Defendant Resides

A

County where any defendant resides when case is filed

If no defendants reside in CA, then any county

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45
Q

Catchall for Venue

A

If neither claim occurred or defendant resides, then venue proper where any defendant subject to PJ

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46
Q

Transfer of Venue when OG Venue Proper

A

Can transfer where could have been filed OR all parties consent

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47
Q

CA Transfer of Venue when OG Venue Proper

A

At judge’s discretion where interests of justice and convenience

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48
Q

Transfer of Venue when OG Venue Improper

A

Dismiss OR interest of justice, transfer to proper venue

Can be waived by absence of timely objection

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49
Q

CA Transfer of Venue when OG Venue Improper

A

Transfer to proper county when court in complaint improper

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50
Q

Forum Selection Clauses

A

Generally upheld

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51
Q

Forum Non Conveniens

A

May dismiss or stay case if far more appropriate forum (another state or country)

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52
Q

CA Forum Non Conveniens

A

May dismiss or stay case if more suitable forum (another state or country
Look to interests of justice

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53
Q

CA Forum Non Conveniens Interests

A

Public: which comm burdened with jury duty
Private: convenience, witnesses, evidence

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54
Q

Notice

A

Met if reasonably calculated to apprise interested parties of pendency of action and afford opportunity to present objections

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55
Q

Service of Process

A

Delivery of summons and copy of compliant

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56
Q

Method of Service of Process

A

By anyone at least 18 and not a party

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57
Q

Types of Methods of Service of Process

A

Personal Service
Substituted Service
Constructive Service

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58
Q

Personal Service

A

Always adequate

Personal delivery to defendant

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59
Q

Substituted Service

A

Left at defendant’s usual abode served upon someone of suitable age and discretion who resides there OR served to authorized agent

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60
Q

CA Substituted Service

A

Only if personal service cannot be accomplished
Defendant’s usual abode with a competent member of household at least 18 years old
Must be informed of contents
Must mail a copy to the party at the address

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61
Q

CA Corp Sub Service

A

Agent OR apparently in charge at office

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62
Q

CA Foreign Sub Service

A

Use method foreign prescribes or

Any method under law of place

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63
Q

Constructive Service

A

Served by registered mail ONLY IF defendant agrees to waive service of process

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64
Q

CA Constructive Service

A

Only if nothing else works

Affidavit that defendant cannot be served with reasonable diligence

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65
Q

Choice of Law Fed Q

A

Fed substantive and procedural laws

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66
Q

Choice of Law Diversity

A

Must apply state substantive law and federal procedural law
Prevent forum shopping if conflict between state law and fed law
If Procedural and FRCP on point, tests unnecessary

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67
Q

Tests for Diversity Choice of Law

A

Outcome Determinative Test

Balance of interests

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68
Q

Outcome Determinative Test

A

Substantive if substantially affects outcome

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69
Q

Balance of interests

A

Fed interest of fed law vs. state interest of state law

If state greater interest, substantive

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70
Q

CA Choice of Law

A

Deemed substantive under Erie

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71
Q

CA Choice of Law Tort Actions

A

Two state laws in conflict

Comparative impairment to each state’s interest

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72
Q

CA Choice of Law K Action w/out Choice of Law Provision

A

Comparative impairment of each state’s interest

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73
Q

CA Choice of Law K Action w/ Choice of Law Provision

A

No conflict:
Applied so long as reasonable basis and not conflict with CA policies

Conflict with CA policies:
CA applies IF CA has materially greater interest in CA laws applied

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74
Q

Pleadings

A

Documents that set forth claims and defenses

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75
Q

Notice of Pleadings

A

Provide opposing party with reasonable notice and nature of claim

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76
Q

CA Pleadings

A

Plead ultimate facts to support each element of COA
Exceptions:
PI or wrongful death

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77
Q

Rule 11 Pleadings

A

Requires signature that paper is proper legal contentions warranted by law
Factual contentions have evidentiary support
Does not apply to discovery documents

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78
Q

Sanctions of Rule 11

A

Sanctions may be imposed but subject to 21 day safe harbor rule
Allowed to withdraw or correct within 21 days

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79
Q

Complaint Req

A 
Used by plaintiff to raise issues
Identification of parties
State of SMJ
Statement of claim with enough facts to
Support plausible claim EXCEPT fraud, mistake, and special damages
Require specificity
Demand for judgment
Signature of plaintiff or attorney
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80
Q

CA Complaint Req

A

Identification of parties including fictitious “Doe” when unknown
Statement of claim
Specific facts supporting every element
Demand for judgment amount of damages sought UNLESS for punitive damages for PI or Wrongful Death
Signature of plaintiff or attorney

81
Q

Rule 12 Answer Time

A

Answer by motion or answer within 21 days of service of process 60 if service waived

82
Q

CA Answer Time

A

30 days to respond

83
Q

Answer Req Rule 12

A

Defendant’s response to complaint
Must respond to allegations by denying, admitting, or lacks sufficient information failure to deny is an admission
Assert affirmative defenses

84
Q

CA Answer Req

A

Factual details when asserting

Affirmative defenses

85
Q

Motion for More Definite Statement

A

Complaint too vague

86
Q

CA Motion for More Definite Statement

A

Special demurrer that pleading uncertain

87
Q

Motion to Strike Pleading

A

Immaterial or redundant issues

88
Q

CA Motion to Strike Pleading “Anit-Slapp”

A

Anti-Strategic Lawsuits Against Public Participation

Suits brought to chill exercise of free speech and petition shifts burden to plaintiff to show probability of winning on merits

89
Q

12(b) Defenses

A 
Failure to state claim upon which relief can be granted
Failure to join party
SMJ
PJ
Venue
Process/Service
90
Q

12(b) defenses anytime until trial concluded

A

Failure to state a claim on which relief can be granted

Failure to join party

91
Q

12(b) defenses First response or waived

A

PJ
Venue
Process/Service

92
Q

12(b) defenses anytime before all appeals exhausted

A

SMJ

93
Q

CA Demurrer Two Types

A

General

Special

94
Q

CA General Demurrer

A

Failed to state facts sufficient to constitute COA

Lacks SMJ

95
Q

CA Special Demurrer

A

Only in unlimited cases
Can be raised in the answer
Uncertain pleadings same as more definitive statement
Unclear about which theories of liability asserted against defendants
Lack of legal capacity to sue
Existence of another cases between parties for same COA
Defect or misjoinder of parties
Failure to plead k is oral or written
Failure to file required certificate

96
Q

CA Motion to Quash Service of Summons

A

Special appearance AND separate from answer
Before or concurrently with demurrer or answer
Lack of PJ
Insufficient process/service

97
Q

Amend Rights

A

Right to amend once within 21 days of service

Otherwise, must get court approval but is granted freely if justice so requires

98
Q

CA Amend Rights

A

Right to amend once before answer or demurrer to complaint is filed OR after demurrer but before hearing on demurrer
Otherwise, court approval
Granted liberally

99
Q

Amend Relation Back

A

After SoL runs, can amed claim

Relates to same conduct, transaction, or occurrence

100
Q

Claim Amendment

A

Relates back to date of OG pleading

Out of same transaction

101
Q

CA Claim Amendment

A

Involve same accident or injuries and refer to same instrumentality

102
Q

Person Amendment

A

Party knew of the OG action AND knew should have been named

103
Q

CA Person Amendment

A 
“Doe” amendments:
OG complaint timely and with all “does”
Plaintiff genuinely ignorant of identity
Ignorance pled with specificity
Must substituted named defendant within 3 years
104
Q

Permissive Party Joinder

A

Claim arises out of same transaction AND one common question of fact or law
Must have SMJ

105
Q

CA Permissive Party Joinder

A

Adverse claims OR COA defenses

From same transaction and present common q of law or fact

106
Q

Necessary Party Joinder

A 
Court cannot complete relief
Absent party’s interest will be harmed
Absent party is subject to multiple inconsistent obligations
Must be joined if:
Court has PJ
Doesn’t destroy diversity
107
Q

Necessary Party Joinder Unable to Join

A

If there is an alternative forum, assess likelihood & extent of prejudice
Whether can shape relief to avoid prejudice
May either dismiss b/c party indispensible OR proceed w/ case w/out necessary party

108
Q

Impleader

A

Defendant can add a 3rd party defendant for indemnity or contribution
Supplemental JDX will apply b/c common nucleus of operative fact
Venue need not be proper

109
Q

CA Impleader

A

Called a cross-complaint

Allows addition of any claim on which 3rd party defendant liable so long as same transaction or occurrence

110
Q

Intervention

A

Nonparty claims an interest AND disposition in absence will impair rights

111
Q

CA Intervention

A

Interest direct and immediate

Not allowed if indirect and consequential

112
Q

Interpleader

A

One holding prop forces all potential claimants into one lawsuit

113
Q

Two Types of Interpleader

A

Statutory

Rule 22

114
Q

Statutory Interpleader

A

Only one claimant must be diverse from one other claimant

Amount in controversy $500 or more

115
Q

Rule 22 Interpleader

A

Stakeholder diverse from every claimant

Amount in controversy exceed $75,000

116
Q

Counterclaim

A

Offensive claim against an opposing party

117
Q

Compulsory Counterclaim

A

Same transaction or occurrence raised in pending case or waived
Supp JDX so no independent SMJ required

118
Q

Permissive Counterclaim

A

Same transaction or occurrence BUT may be raised in a separate case
No Supp JDX so independent SMJ required

119
Q

CA Counterclaim

A

Uses cross complaint for all 3rd party actions

120
Q

Cross Claim

A

Against a co-party
Must arise out of same transaction
Never compulsory
Supp JDX so no independent SMJ required

121
Q

Class Action Requirements

A

Numerosity
Commonality
Typicality
Adequacy

122
Q

Numerosity

A

Too many for joinder to be practical

123
Q

Commonality

A

Question of law or fact are common

124
Q

Typicality

A

Representative’s claims typical of class

125
Q

Adequacy

A

Representation will fairly represent class

126
Q

Types of Class Actions

A

Prejudice: necessary to avoid inconsistent results
Injunctive or declaratory relief is sought
Question of law/fact common to class: predominate over questions affecting individuals

127
Q

Citizenship for Class Actions

A

Only citizenship of named rep is used

Amount in controversy satisfied by any named rep

128
Q

Class Action Fairness Act

A

Relaxes the requirements for some
Any class member diverse from any defendant
Aggregation exceeds $5,000,000
100 members

129
Q

CA Class Actions

A

Ascertainable class
Well-defined community of interest:
Common questions of law or fact
Representation will adequately represent class interests
Substantial benefit to parties and the court

No types
Notice not required and publication acceptable method

130
Q

Discovery Standard

A

Reasonably calculated to lead to discovery of admissible evidence

131
Q

CA Discovery Standard

A

Disclosure of all material to subject matter in pending lit

132
Q

Mandatory Disclosures for Discovery

A

Initial disclosures supplying info about disputed facts
Expert testimony info
Pretrial disclosures

133
Q

Initial disclosures supplying info about disputed facts

A

Persons likely to have discoverable info
Copies or descriptions of tangible evidence
Damages computation and supporting documentation

134
Q

Expert testimony info

A

Identity of the expert
Qualifications
Written report
At least 90 days before trial

135
Q

Pretrial disclosures

A

List of non-expert witnesses
List of documents or exhibits
14 days to object

136
Q

CA Mandatory Disclosure

A

Not required BUT

May be requested

137
Q

Depositions

A 
Examination of a witness
Occurs under oath
Recorded by sound, video, or stenography
Parties allowed
Nonparties by means of subpoena
Once only UNLESS court approval
138
Q

Limitations of Depos

A

10 depositions

Cannot exceed 7-hour day

139
Q

CA Limitations of Depos

A

No limits on number of depositions

But 20 day limit

140
Q

Interrogatories

A

Questions propounded in writing to another party
Must be answered in writing under oath
Answer within 30 days
NOT for nonparties

141
Q

Limitations of Interrogatories

A

25 questions, including suparts UNLESS

Court approval

142
Q

CA Interrogatories

A

Unlimited form 35 specific interrogatories UNLESS court permits because of
Declaration of Additional Discovery

143
Q

Request for Admissions

A

Admit the truth of discoverable matter NOT nonparties

144
Q

CA Request for Admissions

A

Max 35 UNESS court permits because of

Declaration of Additional Discovery

145
Q

Requests to Inspect and Produce

A

Party or nonparty w/ subpoena

Make available for review and copying documents, electronic copies, other tangible items, or permit entry on property

146
Q

CA Requests to Inspect and Produce

A

Party
Nonparty similar effect to take
Deposition subpoena duces tecum

147
Q

Electronically Stored Data

A

Meet to discuss and report to court
If not reasonably accessible due to burden or cost, court may still order and impose cost-sharing measures
Must take reasonable steps to preserve OR be sanctioned

148
Q

CA Electronically Stored Data

A

Treated as docs and things

149
Q

Request for physical or mental examination

A

Sought from an opposing party

Obtain court order upon showing physical or mental condition at issue AND good cause for an examination

150
Q

CA Request for physical or mental examination

A

Allows defendant one physical exam of plaintiff as matter of right when plaintiff condition at issue
All others require court approval

151
Q

CA Limited Cases Discovery

A

Only 35 total for ROGS, Inspection, and requests

152
Q

CA Scope of Discovery

A

Right to privacy v. need for discovery

153
Q

Discovery Privilege

A

Not discoverable

154
Q

CA Discovery Privilege

A

Requires responding party to object with particularity identify document, author, date, recipients, specific privilege applicable

155
Q

Discovery Physician/Patient Privilege

A

Many states recog but not FRCP

Considered under Erie

156
Q

Discovery Attorney/Work Product

A

Material prepared in anticipation of litigation

Generally not discoverable UNLESS substantial need AND inability to obtain information otherwise

157
Q

Discovery Absolute Privilege

A

Mental impressions, opinions, and legal theories

Generated by party or attorney, or rep of party

158
Q

CA Discovery Absolute Privilege

A

Generated by attorney or his agent

159
Q

Motion to Compel

A

Fails to respond to discovery

Must be served on all parties and include certificate attempt to confer

160
Q

Discovery Sanctions

A

Holding a non-complying party in contempt

Striking pleadings, imposing fees, AND ordering default judgment

161
Q

Voluntary Dismissal

A

One without prejudice

Court may grant after answer or MSJ UNLESS substantial prejudice to defendant

162
Q

CA Voluntary Dismissal

A

Plaintiff may dismiss w/ prejudice unless parties agree or good cause

163
Q

Involuntary Dismissal

A

At defendant’s request or court’s own motion usually with prejudice

164
Q

CA Mandatory Dismissal

A

Not brought to trial within 5 years of complaint OR 2 years from filing til service of process

165
Q

MSJ

A

No genuine issue of material fact AND entitled to judgment as a matter of law
Viewed in light most favorable to non-moving party
Evidence must be firsthand knowledge
Credibility not weighed here
Can grant partial

166
Q

CA MSJ

A

No COA or meritless or no defense
Burden shifts to opponent to show
Triable fact exists

167
Q

7th Amend

A

Preserves right to jury trial in civil actions at law
Judge decides issues of equity
Legal issues decided first, then equity
Must demand w/in 14 days after service of last pleading
Raising jury triable issue OR waived

168
Q

Jury Composition

A

Each side has unlimited
challenges on voir dire for cause AND 3 peremptory challenges
Cannot be race or gender
Contains 6-12 jurors and unanimous vote required

169
Q

CA Jury

A

Demand must be made at time case set for trial OR
W/in 5 days after notice of setting
Equity, then legal

170
Q

CA Equitable Cleanup Doctrine

A

Main purpose equitable AND only legal issue concerns damages that are incidental
Judge may hear whole case; no jury required

171
Q

CA Jury Composition

A

Each side has unlimited challenges on voir dire for cause AND 6 peremptory challenges
Cannot be race or gender
12 jurors and alternates
¾ vote required for civil

172
Q

JMOL

A

One party files motion after
Other side has been heard at trial
“Reasonable people could not disagree on the result”

173
Q

CA JMOL

A

Called directed verdict

174
Q

Renewed JMOL

A

After jury reached verdict
Must have filed JMOL properly
“Reasonable people not disagree on result”
Within 28 days after entry of judgment

175
Q

CA Renewed JMOL

A

15 days after mailing or service of notice of entry OR 180 days after entry of judgment
Motion for Judgment Notwithstanding Verdict
Not required to make JMOL first

176
Q

New Trial

A

Within 28 days of entry of judgment

Grounds for new trial:
Prejudicial error making judgment unfair
New evidence that could not be obtained for OG trial
Prejudicial misconduct of party, attorney, or juror against weight of evidence
Excessive damages or inadequate damages

177
Q

CA New Trial

A

15 days after mailing or service of notice of entry OR 180 days after entry of judgment

178
Q

Motion to Set Aside Judgment

A

Clerical errors
Neglectful mistakes within one year after judgment
Newly discovered evidence could not be obtained for OG trial within one year after judgment
Fraud or representation within one year after judgment
Judgment is void for lack of due process

179
Q

Conditional New Trial Remittitur

A

Judge orders new trial for defendant
To take place UNLESS plaintiff agrees to a reduced aware of damages
Judge found “excessive as to shock conscious”

180
Q

CA Additur

A

Judge orders plaintiff new trial UNLESS defendant agrees to increased award
Damages were insufficient

181
Q

Final Judgment Rule

A

Only final judgments may be appealed
Ultimate decision made by trial court on merits of entire case such that
Final judgment as to all parties and all COA

182
Q

Exceptions of Final Judgment Rule

A

Injunctions and some interlocutory orders
Trial court certifies an interlocutory for appeal
Collateral orders i.e. procedural issues
Multiple claims or parties and some issues are pending BUT one issue is final
Extraordinary Writ
Aggrieved party may seek to compel lower court to act, or refrain from acting

183
Q

Appeal Time

A

Within 30 days after entry of final judgment

184
Q

CA Appeal

A

Exception for judgment of one of several parties within 60 days after service of notice of entry OR 180 after entry if no notice served

185
Q

Standards of Review

A

De Novo
Clearly Erroneous
Light most favorable to affirming jury’s verdict
Abuse of discretion

186
Q

Matters of Law

A

Reviewed de novo

Substitute judgment for that of trial judge

187
Q

Questions of fact determined by a judge

A

Clearly erroneous standard

188
Q

Questions of fact determined by a jury

A

Light most favorable to affirming the jury’s verdict

189
Q

Mixed questions of fact and law

A

De novo

190
Q

Matters discretionary to judge

A

Abuse of discretion standard

Only if clearly wrong

191
Q

Claim Preclusion (Res Judicata

A

Precludes relitigation of a claim already decided in prior litigation between same parties

192
Q

Claim Preclusion Req

A

Valid Final Judgment
Same plaintiff and defendant
Same claim

193
Q

Valid Final Judgment

A

When judgment is rendered

194
Q

CA Valid Final Judgment

A

When appeals have concluded

195
Q

Claim Preclusion Same Claim

A

Same transaction or occurrence

196
Q

CA Claim Preclusion Same Claim

A

Primary rights theory

Separate COA for each invasion of primary right

197
Q

Issue Preclusion (Collateral Estoppel)

A

Precludes relitigation of a particular issue already decided in prior litigation

198
Q

Issue Preclusion Req

A

Final judgment on merits
Same issue actually litigated
Issue was essential to judgment
Same party or in privity of prior suit

199
Q

CA Issue Preclusion Same Party or In privity

A

Allows stranger to prior case to avoid liability when party against whom being used
Had fair opportunity to be heard on critical issue
Establish an issue
Fair and equitable

CA Essay Bar Studies (15 decks)

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