Civ Pro-Verdicts & Judgments Flashcards
Default Judgment
Judgment of default is entered by the ct when one party fails to plead or defend
Dismissal
2 types: voluntary and involuntary
Voluntary Dismissal:
(1) P voluntarily dismisses the case before D (A) serves the answer OR (B) moves for summary judgment = w/o prejudice for the FIRST time
(2) After D answers OR moves for SJ = ct approval needed & w/ prejudice; std = unless substantial prejudice to D would occur
Involuntary Dismissal (normally w/ prejudice):
Ct will involuntarily dismiss (at D’s request or sua sponte) if: failure to state a claim, failure to obey ct order, failure to prosecute
Exceptions: Lack of Jx, venue, or failure to join an indispensable party = involuntary dismissal w/o prejudice
Judicial Bias & Recusal
Challenge the judge for cause when: there is an appearance of bias/impropriety
Parties can waive this
Specific, NON-WAIVABLE grounds for recusal:
(1) Judge has personal knowledge of the facts of the case
(2) Judge acted as a lawyer in a matter of controversy associated with the lawyer who served the matter
(3) Judge expressed an opinion about the merits of the case while in gov’t employment
(4) Judge or their immediate family has some financial interest in the subject matter or in a party, or
(5) Extreme case where judge’s refusal to recuse would violate a party’s Due Process rights
Claim Preclusion (res judicata)
Elements:
(1) Btw the same parties (or those in privity)
(2) Second/later issue is arising out of the same transaction or occurrence as the first case
(3) There was a judgment on the merits in the first case
Merge
If P wins 1st case, their claim is merged into the judgment and they can’t later sue on the same cause of action
Bar
If P loses 1st case, they are barred from later suing on the same cause of action
P CANNOT split their claim (e.g., first sue for money damages, then for equitable relief)
No “Final Judgment on the Merits” When:
P’s 1st case was dismissed for (1) lack of Jx, (2) improper venue, or (3) there was a settlement (unless case is dismissed w/ prejudice after settlement) = NO final judgment
Change of Law does not defeat res judicata
Even if the law changes and the loss would now mean a win, once there has been a final judgment you still cannot bring suit again
Privity
Special legal relationship (employer & employee; seller & buyer of property, etc.)
Res judicata applies
Issue Preclusion (collateral estoppel)
Elements:
(1) same or identical issue as previously litigated
(2) the issue was actually litigated and decided (which is NOT the case if there was a settlement or default judgment)
(3) the issue must be necessary to the judgment (std: the party against whom preclusion is asserted must’ve had a full and fair opportunity and incentive to litigate the issue in the first suit)
Generally collateral estoppel only binds original parties, BUT see later card on applicability
How to factually distinguish collateral estoppel
Typically involves 3 parties: original P and D AND a new party
When does collateral estoppel apply (or not)?
- NO defensive use of collateral estoppel against new P: P1 sues D and P1 loses. Now P2 wants to sue D. D CANNOT use collateral estoppel against P2 (b/c that would violate P2’s Due Process rights).
- OK defensive use of collateral estoppel against new D: P sues D1 and P loses. Now P wants to sue D2. D2 MAY assert collateral estoppel against P (who is a party to the original suit)
- NO offensive use of collateral estoppel by new P: P1 sues D and P1 wins. Now P2 wants to sue D. P2 generally CANNOT use collateral estoppel against D.*
* Some minor exceptions of when offensive use is permitted
Which State’s preclusion rule applies in a federal diversity case
Ask where the 1st case was decided:
If 1st case was in federal ct, then you apply the federal preclusionary rule
If 1st case was in state ct, then you apply that first State’s preclusionary rule
Full faith and credit
One state must give the same effect to the judgment as the other state
