Civil Procedure

Question 1

Who can enter a default judgement

Answer 1

the corut

Question 2

when can a clerk enter a default judgement

Answer 2

only when the amount sought is a sum certain and the defaulting party has failed to appear

Question 3

how many days does a platiniff have to respond to a counter claim

Answer 3

21 days

Question 4

Is failure to show up for trial considered a default

Answer 4

no

Question 5

When is a default judgement appropriate

Answer 5

when one party fails to plead or defend

Question 6

What are the two types of dismissal

Answer 6

voluntary and involuntary

Question 7

Voluntary dismissial is when

Answer 7

p voluntarily dimisses the case

Question 8

When can the P voluntarily dismiss the case

Answer 8

before the D serves the answer or moves for summary judgement

Question 9

Can you voluntarily dismiss the case more than once

Answer 9

No, you are only allowed the first time w/o prejudice

Question 10

What happens if the D answers and P would like to voluntarily dismiss

Answer 10

need court approval

Question 11

Involuntarily dismissal USUALLY means

Answer 11

w/ prejudice

Question 12

In what type of situations will a case base involuntarily dismissed

Answer 12

Failure to state a claim
Failure to obey a court order
Failure to prosecute

Question 13

When is prejudice not added to involuntary dismissal

Answer 13

Lack of Jdx
Venue
Failure to join an indispensable party

Question 14

While the appearance of Judicial Bias is waivable, what are the grounds for the recusal of a judge that are not waiveable

Answer 14

Judge has personal knowledge of the facts of the case on their own

Judge acted as a lawyer w/ the lawyer in the matter of controversy (Think COI)

Judge expressed an opinion about the merits of the case while in governmental employment

Judge or immediate family has a financial interest in the case or one of the parties

Violated due process rights

Question 15

Res judicata’s other name is

Answer 15

Claim preclusion

Question 16

claim preclusions other name is

Answer 16

res judicata

Question 17

Claim Preclusion / Res Judicata elements

Answer 17

Same parties or those in privity
Same claim (same T & O)
Judgment on merits

Question 18

Judgement on the merits means

Answer 18

a final judgement

Question 19

When is there not a judgement on the merits

Answer 19

If a p case is dismissed for lack of jdx, improper venue or settlement in the case, OR IF THE FACTS SAY SO → no final judgement and not be barred from bringing back the suit

Question 20

What if the law changes where the loss now means a win but there was a final judgement on the merits

Answer 20

cannot bring the suit again

Question 21

Privity means

Answer 21

legal relationships like

Employee - Employer or Buyer / Seller

Question 22

Merger and Barred usually mean

Answer 22

claim preclusion and res judicata

Question 23

Collateral estoppel’s other name

Answer 23

Issue preclusion

Question 24

Issue preclusions other name

Answer 24

collateral estoppel

Question 25

Collateral estoppel’s elements

Answer 25

Same issue

Litigated and decided - ie final judgement

Issue necessary to judgement

Question 26

If there is a settlement or default judgement =

Answer 26

not litigated

Question 27

Issue necessary to the judgement means

Answer 27

Party preculision is asserted against must have had a full and fair opportunity to litigate

Question 28

P v D → P looses
2P v. D can the D say Collateral estoppel / issue preclusion

Answer 28

No, 2P must have his day in court

Question 29

P v. D → P looses. P wants to sue new D2 (defensive CE). Can D2 use collateral estoppel

Answer 29

yes under defensive CE

Question 30

P v. D and P wins. P2 sues D (offensive CE). P cannot do this unless the questions states

Answer 30

Federal common law and state A(where the case was decided and D lost) permit non-mutual offensive collateral estoppel

Question 31

When you are sitting in diversity and 2 jdx and they are talking about RJ / CE and they asking about which preclusion rule would apply, you look to where

Answer 31

the first case was decided

If the first case was in federal court → apply the federal preclusion rule

If the first case was in state court → applies the preclusion rule of the jdx of the first case (ie if they applied state law apply state law; if they applied federal law → federal law)

Question 32

Full faith and Credit clause

Answer 32

You have 2 states involved, you must respect the first state judgment

Question 33

A party may challenge an adverse federal district court ruling, finding, or conclusion by appealing to the federal appellate court encompassing that district. The party must generally filea notice of appeal with the district court clerk

Answer 33

k within 30 days after the entry of final judgment.

Question 34

However, the time to file a notice of appeal is extended to 60 days if

Answer 34

​​​​​​​if one of the parties is (1) the United States, (2) a federal agency, or (3) a federal officer or employee sued for conduct that relates to government duties.