Civil Procedure _ Verdicts & Judgments

Question 1

Default Judgment

JUDGMENTS

Answer 1

• One party fails to plead or defend
• Court enters default judgment

Question 2

Voluntary Dismissal

JUDGMENTS

Answer 2

• Plaintiff voluntarily dismisses
• Before Answer/Summary Judgment
• First time without prejudice

Question 3

Involuntary Dismissal:

JUDGMENTS

Answer 3

• COURT dismisses the case

Question 4

Involuntary Dismissal – Usually with Prejudice

JUDGMENTS

Answer 4

1) Failure to State a Claim
2) Failure to Obey Court Order
3) Failure to Prosecute

Question 5

Involuntary Dismissal – Without Prejudice:

JUDGMENTS

Answer 5

1) Lack of Jurisdiction
2) Venue
3) Failure to Join Indispensable Party

Question 6

Challenge for Cause:

JUDICIAL BIAS

Answer 6

• The appearance of bias
• Parties can waive

Question 7

Grounds for Recusal: (5)

JUDICIAL BIAS

Answer 7

Judge MUST recuse himself and parties CANNOT waive if:
1) Personal knowledge of facts
2) Acted as lawyer with one of the other lawyers
3) Expressed an opinion on merits while in
government employment
4) Financial interest in subject matter/party
5) Violates Due Process Rights

Question 8

Res Judicata

Res Judicata/Claim Preclusion

CLAIM & ISSUE PRECLUSION

Answer 8

1) Same parties or privity
2) Same transaction or occurrence
3) Judgment on the merits

Question 9

Res Judicata

Res Judicata – Merger:

CLAIM & ISSUE PRECLUSION

Answer 9

• Plaintiff wins case
• Claim merges into judgment
• Cannot sue on same cause of action

Question 10

Res Judicata

Res Judicata – Bar:

CLAIM & ISSUE PRECLUSION

Answer 10

• Plaintiff loses case
• Barred from suing on same cause of action

Question 11

Res Judicata

Res Judicata - Claim Splitting:

CLAIM & ISSUE PRECLUSION

Answer 11

• Plaintiff cannot SPLIT a claim

Question 12

Res Judicata

Res Judicata does not apply to:

CLAIM & ISSUE PRECLUSION

Answer 12

1) Dismissal for lack of jurisdiction
2) Dismissal for improper venue
3) Settlement

Question 13

Res Judicata

Change of Law:

CLAIM & ISSUE PRECLUSION

Answer 13

• Once there is a final judgment, you cannot bring suit again

Question 14

Res Judicata

Privity

CLAIM & ISSUE PRECLUSION

Answer 14

• Legal or special relationship
• Res Judicata applies

Question 15

Collateral Estoppel:

Collateral Estoppel/Issue Preclusion

CLAIM & ISSUE PRECLUSION

Answer 15

1) Same issue
2) Final judgment
3) Issue necessary to judgment

Question 16

Collateral Estoppel:

Collateral Estoppel does not apply:

CLAIM & ISSUE PRECLUSION

Answer 16

1) Settlement
2) Default Judgment

Question 17

Collateral Estoppel:

Collateral Estoppel - Necessary to Judgment:

CLAIM & ISSUE PRECLUSION

Answer 17

• Party preclusion is asserted against must have had full & fair opportunity to litigate

Question 18

Collateral Estoppel:

Collateral Estoppel typically has { # } people

CLAIM & ISSUE PRECLUSION

Answer 18

Collateral Estoppel typically has THREE people

Question 19

Collateral Estoppel:

Defendant {CAN / CANNOT} use Collateral Estoppel to prevent {NEW / OLD } plaintiff from bringing suit

CLAIM & ISSUE PRECLUSION

Answer 19

Defendant CANNOT use Collateral Estoppel to prevent NEW plaintiff from bringing suit

Question 20

Collateral Estoppel:

Defensive Use of Collateral Estoppel:

CLAIM & ISSUE PRECLUSION

Answer 20

• Same Plaintiff, New Defendant
• New Defendant can use Collateral Estoppel as defense

Question 21

Collateral Estoppel:

Offensive Use of Collateral Estoppel:

CLAIM & ISSUE PRECLUSION

Answer 21

• New Plaintiff, Same Defendant
• New Plaintiff cannot use Collateral Estoppel against Same Defendant

Question 22

Collateral Estoppel:

Applicable Preclusion Rule – Diversity Cases:

CLAIM & ISSUE PRECLUSION

Answer 22

• First case in Federal Court, apply federal preclusion rule
• First case in State Court, apply the first jurisdiction’s preclusion rule

Question 23

Full Faith & Credit:

FULL FAITH & CREDIT

Answer 23

• One state must respect the other’s judgments