Civ Pro - Verdicts and Judgments

Question 1

Default judgment

Answer 1

one party fails to plead or defend

Question 2

Voluntary dismissal

Answer 2

P dismisses
- Before answer/summary judgment
- First time without prejudice
After D answers, need court approval

Question 3

Involuntary dismissal

Answer 3

Court dismisses
- Failure to state a claim
- Failure to obey a court order
- Failure to prosecute
- Usually with prejudice except:
Lack of jurisdiction, venue, failure to join indispensable party

Question 4

Judicial bias

Answer 4

• Challenge the judge for cause when appearance of bias even if he reasonably believes he can be fair
• Parties can waive
• Nonwaivable - must be recused
  - Judge has personal knowledge
  - Acted as a lawyer with one of the other lawyers
  - Expressed opinion about merits of case
  - Financial interest
  - Violates DP rights

Question 5

Claim preclusion - res judicata

Answer 5

1. Same parties or in privity (legal or special relationship)
2. Same t/o
3. Final judgment on the merits
   - NOT: Lack of jurisdiction, improper venue, settlement (unless case dismissed WITH prejudice after settlement)
   
   • Merger: P wins, claim merges into the claim
   • Barred: P loses, barred from suing on the same claim
   • P CANNOT split a claim
     Change of law: still cannot bring the suit again

Question 6

Issue preclusion - collateral estoppel

Answer 6

1. Same or identical issue actually litigated and decided
2. Final judgment on the merits
3. Issue is necessary to judgment
   
   • Settlement or default judgment are not precluded
   • Usually THREE parties: new P or D
   • Must be used AGAINST an original party/privity

Question 7

Issue Preclusion - Nonmutual

Answer 7

• Nonmutual offensive (new P, same D)
  - Generally not allowed (p can’t preclude)
  - May be allowed if “fair”
  □ party against whom preclusion is asserted must have had fair and full opportunity and incentive to litigate. Not allowed if new party could have easily joined og claim, if there are inconsistent findings on the issue.
• Nonmutual defensive (new D, same P)
  D can use preclusion

Question 8

Claim/Issue Preclusion - Diversity Case

Answer 8

• which preclusionary rule to use in the second case?
  - Where was the first case decided?
  - If first was in federal court, second court applies federal preclusionary rule
  If first was in state court, second court applies the rule that the court in first case used

Question 9

Full faith and credit

Answer 9

one state must respect the judgment of other states