Civil Procedure 58-68 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
Right to Jury Trial
How will a case be tried if it involves BOTH legal and equitable claims?
The legal claims will be tried first to the jury, and then the equitable claimswill be tried before the judge.
A demand for jury trial MUST be made within 14 days of service of the last pleading concerning the claims.
Priority: Medium
Appeals – Final Judgment Rule
What is a Final Judgment?
One which ends litigation on the merits (all claims are resolved) and leaves nothing for the rendering court to do but execute the judgment. (For the exceptions to this rule, appeals must be filed within 30 days after entry of the judgment appealed from.)
In California courts: Appeals must be filed within 60 days after the court clerk/party serves a notice of Entry of Judgment OR within 180 days after entry of judgment.
Priority: Medium
Appeals
What is an Interlocutory Appeal?
An appeal of a ruling by a trial court that is made before all claims are resolved in the action.
An appellate court may consider it on matters where the parties/court would be severely prejudiced or would lose their rights if they waited to act.
Priority: Medium
Appeals – Federal Court
What are the exceptions to the Final Judgment Rule in Federal court?
Rule 54(b) Exception.
Statutory Exceptions.
Certified Appeal Exception.
Collateral Order Doctrine.
Writs of Mandamus and Prohibition.
Pendent Appellate jurisdiction.
Certification of Class Action.
Priority: Medium
Appeals – Federal Court
Under the Rule 54(b) Exception, when is an appeal allowed?
When:
The action has multiple parties or multiple claims;
The court directs entry of a final judgment for someof the claims or parties; AND
The court expressly determines that there is no just reason for delay.
*If the above elements are NOT met, then the appeal must wait until after a final judgment for the entire case.
Priority: Medium
