Civil Procedure 58-63 Flashcards
When will a motion for Judgment as a Matter of Law (JMOL) be granted?
*In CA, it’s called a Motion for Judgment of Nonsuit.
It will be granted if:
The non-moving party has been fully heard on an issue during a jury trial; AND
The court finds that a reasonable jury would not have a legally sufficient basis to rule in favor of the non-moving party on the issue.
*The court MUST draw all reasonable inferences in the light most favorable to the opposing party.
Priority: Low
In Federal Court, what are the reasons a court may grant a Motion for a New Trial?
An error at trial makes the judgment unfair;
New evidence surfaced that could not have been obtained (with due diligence) at the original trial;
Prejudicial misconduct of a party/attorney/juror/third-party;
The judgment was against the weight of evidence; OR
The verdict was excessive or inadequate.
Priority: N/A
In Federal Court, when will a Default Judgment have a preclusive effect?
When the rendering court has jurisdiction over:
the claims; AND
the parties to the action.
*Court needs both subject matter and personal jurisdiction.
Priority: N/A
Claim Preclusion
What are the elements of Claim Preclusion (a.k.a. res judicata)?
The parties are identical or in privity;
The judgment in the prior action was rendered by a court of competent jurisdiction;
The prior action was concluded by a final judgment on the merits; AND
The same claim was involved in both actions.
In California: claim preclusion may ONLY be used when all appeals are exhausted for the case.
Priority: HIGH
Claim Preclusion
In which situations has the Supreme Court found sufficient privity?
When:
A party who agrees to be bound by the action.
A substantive legal relationshipbetween two parties.
A party that was adequately represented in a class action or by trustee, guardian, or fiduciary.
The party assumed control over the first action.
A party seeking to re-litigate through a proxy.
When a special statutory schemeexpressly forecloses successive litigation by non-parties.
Priority: N/A
Issue Preclusion
When may Issue Preclusion (collateral estoppel) be invoked?
When:
A valid and final judgment was rendered in the first action;
The issue is identical to the issue decided in the prior action;
The issue was actually litigated, determined, and essential in the prior action; AND
The party against whom enforcement is sought had a full and fair opportunity to litigate the issue in the first action.
Priority: Medium
