Civil Procedure Rules Flashcards
Rule for Claim Preclusion
The doctrine of claim preclusion (i.e., res judicata) provides that a final judgment on the merits of an action precludes the parties from relitigating an identical claim in a subsequent action. For claim preclusion to apply, the claimant and the defendant must be the same (and in the same roles) in both the original action and the subsequently filed action.
Elements for Issue Preclusion
(i) the issue sought to be precluded must be the same as that involved in the prior action; (ii) the issue must have been actually litigated in the prior action; (iii) the issue must have been determined by a valid and binding final judgment; and (iv) the determination of the issue must have been essential to the prior judgment.
Rule for Amount in Controversy
Generally, a plaintiff’s good-faith assertion in the complaint that the action satisfies the amount-in-controversy requirement is sufficient, unless it appears to a legal certainty that the plaintiff cannot recover the amount alleged.
Where is Venue Proper
Venue is proper in a judicial district in which (i) any defendant resides, if all defendants reside in the same state in which the district is located, (ii) a substantial part of the events or omissions on which the claim is based occurred, or (iii) a substantial part of the property that is the subject of the action is located.
What is spoliation
the negligent or intentional destruction or significant alteration of evidence required for discovery.
Rule if Court finds a party Purposely Destroyed evidence
(i) a presumption that the destroyed or lost information was unfavorable to the sanctioned party; (ii) a jury instruction that it may or it must presume the information was unfavorable to the party; or (iii) an entry of a default judgment against the party.
Rule for determining sanctions for destroyed evidence
In determining sanctions, the court should consider the prejudice to another party and the intent of the party that failed to preserve the evidence.
