Fill in the blank Flashcards
1
Q
Personal jurisdiction requires that the defendant be _______ to the forum state’s
jurisdiction, and that the defendant be _________.
A
amenable; served with proper notice
2
Q
Amenability to personal jurisdiction is governed by the _________, subject
to the limits of the _______ of the United States Constitution.
A
forum state’s law; due process clause
3
Q
Pennoyer v. Neff described three bases for state jurisdiction over persons and
things. They are
a. __________: jurisdiction over the person
b. ________: jurisdiction over interests in property
c. __________: jurisdiction over seized property, where plaintiff’s claim is
unrelated to the seized property.
A
In personam; In rem; Quasi in rem
4
Q
Pennoyer based its jurisdictional formula on _________ over persons and property
within its borders.
A
state power
5
Q
Under Pennoyer’s in personam jurisdiction, a judgment in plaintiff’s favor
—would be ________ in all states
—for the ________ of damages
—may be _______ until fully collected
A
binding; full amount; enforced repeatedly
6
Q
Under Pennoyer’s in rem jurisdiction, a judgment in favor of plaintiff
—affects _________ in a res (both _______ and ________ to the lawsuit)
—does not result in a ___________
— does not require ________ outside the forum
A
everyone’s interests; parties; nonparties; money judgement; enforcement
7
Q
Under Pennoyer’s quasi in rem jurisdiction, a judgment in plaintiff’s favor:
—entitles plaintiff to the ________
—is not a _________
—is not __________
—may not be enforced _________
—may not be enforced __________
A
property attached for jurisdiction; personal judgment; enforceable against any other property; more than once; outside the forum
8
Q
Another type of jurisdiction discussed in Pennoyer is _______, which involves the
state’s authority to adjudicate such matters as divorce, adoption, citizenship and
mental competence.
A
status
9
Q
_____________ altered Pennoyer’s rule for personal
jurisdiction, replacing the concept of ______ with the new standards of
________ and ______ provided by the “minimum contacts test.”
A
International Shoe Co. v. Washington; state power; reasonableness; fairness
10
Q
The current test for amenability, following International Shoe and other cases,
does not require the minimum contacts test if the defendant satisfies any one of the four “traditional” bases for in personam jurisdiction. Those bases are:
_________ in the forum state
________ to jurisdiction
_______ of objection to jurisdiction
________ in the forum when served
A
Residence; Consent; Waiver; Physical presence
11
Q
Consent to jurisdiction has two forms, _______ consent and ______ consent. _______ are an example of express consent, and ______________ are an example of implied consent
A
express; implied; Forum
selection clauses; non-resident motorists statutes
12
Q
If none of the traditional bases are present, a state may only exercise in personam
jurisdiction over defendants who have minimum contacts with the state. The two
categories of minimum contacts are ____________ and _____________.
A
specific jurisdiction; general jurisdiction
13
Q
____________ is where the lawsuit arises from or relates to the nonresident
defendant’s contacts with the forum state. ___________ is where the lawsuit
is unrelated to the nonresident defendant’s contacts with the forum state.
A
Specific jurisdiction; General jurisdiction
14
Q
Specific jurisdiction has four contacts tests, which are that the defendant
a. ____________ itself of the benefits and protections of forum law;
b. should have _________ that its activity would subject it to jurisdiction in the
forum state;
c. could __________ being haled into court in the forum state;
d. placed its product in the _________ and could foresee that it
would be used in the forum state
A
purposefully availed; foreseen; reasonably anticipate; stream of commerce
15
Q
General jurisdiction has one contact test, which is that defendant’s contacts are so
___________ as to render it ___________ in the forum state.
A
continuous and systematic; essentially at home
16
Q
If the defendant has no contacts with the forum (and does not meet one of the four
traditional bases of jurisdiction), then there is ____________ over that
defendant. If, on the other hand, defendant does have specific or general contacts,
then the court must consider the _______________. This is a
________ test with five factors, which are:
—________________
—__________ interest in convenient and effective relief
—______________
—the _____________ in furthering fundamental social policies
—the ________________ in effective resolution of controversies
A
no personal jurisdiction; fair play and substantial justice test; balancing; burden on the defendant; plaintiff’s; the forum state’s interest; shared interests of several states; judicial system’s interest
17
Q
The due process requirement for notice to defendant is stated in Mullane v. Central
Hanover. Notice is constitutionally sufficient if it is “_____________, under
all circumstances, to apprise _________ parties of the pendency of the action, and
afford them an __________ and ___________.”
A
reasonably calculated; interested; opportunity to appear; present objections
18
Q
An abbreviated version of the Mullane notice rule is that _______ requires
________ and an ______________.
A
due process; notice;opportunity to be heard
19
Q
Which rule of the Federal Rules of Civil Procedure deals with initially notifying
the defendant of the lawsuit? ________
A
Rule 4
20
Q
Under Fed. R. Civ. P. 4(e), in addition to service under state law, the means of
service on a competent adult are:
a. _________ to defendant;
b. leaving copies at __________ with a person of _____________;
c. serving defendant’s __________
A
personal delivery; defendant’s dwelling; suitable age and
discretion; appointed agent
21
Q
In most cases, the federal method of service on defendants outside the district is by
the __________ statute of the state in which the federal court sits
A
long arm
22
Q
The purposes of venue rules are:
(a) _______ to defendant
(b) _______ of caseload within the forum state
A
fairness; geographic allocation
23
Q
The federal statute for general venue provisions is ___________.
A
28 U.S.C. § 1391
24
Q
The purpose of forum non conveniens is to move __________________
based on fairness and convenience.
A
cases from one forum to another
25
Subject matter jurisdiction refers to the court's authority to adjudicate based on the
_________ and in some cases, __________.
type of case; the dollar amount in controversy
26
Under Article III, federal courts have subject matter jurisdiction over two primary
types of cases:
—___________
—____________
federal question; diversity of citizenship
27
The statute dealing with general federal question jurisdiction is __________.
It provides that federal courts have jurisdiction over any civil action __________________ of the United States
28 U.S.C. § 1331; arising under
the Constitution, laws, or treaties
28
In addition to the general federal question provisions in 28 U.S.C. § 1331, there are
specific statutes on federal question jurisdiction, including actions against (name
three): ________, ______, ________, _______, ________, _________, and
______________________.
foreign states; admiralty; patents; civil rights; consuls; internal revenue; United States as plaintiff or defendant
29
Diversity jurisdiction is covered by ______________. That statute provides that
federal courts have subject matter jurisdiction over claims between __________, or between _________ and ________, where the amount in
controversy __________.
28 U.S.C. § 1332; citizens of
different states; state citizens; foreign citizens; exceeds $75,000
30
Although the Constitution requires only ________ diversity, 28 U.S.C. § 1332 requires
_______ diversity. This means that all plaintiffs must have different citizenship
than all defendants.
partial; complete
31
For diversity purposes, a corporation has two citizenships, which are:
a. ______________
b. ______________
state of incorporation; principal place of business
32
A corporation’s principal place of business is defined as its __________.
nerve center
33
For diversity purposes, partnerships have the citizenship of ___________.
all the partners
34
Under the St. Paul Mercury test, the amount in controversy is determined by
plaintiff's ______________.
good faith pleading
35
In achieving the amount in controversy, may Plaintiff aggregate (answer "yes" or
"no"):
a. all of Plaintiff's claims against one defendant? ____
b. alternate theories of recovery for the same wrong? ____
c. claims of different plaintiffs? _____
d. claims against different defendants? _____
Yes; No; No; No
36
In some cases, a related claim that lacks diversity or federal question jurisdiction
may be included. This is called _______________.
supplemental jurisdiction
37
Federal courts traditionally abstain from __________, ______ and __________.
family law; probate; state criminal
proceedings
38
If plaintiff has filed his action in state court, and jurisdiction is proper in federal
court, defendant may remove the case to federal court. This is done by filing a
_____________ in federal court, attaching a copy of ____________
and ________ to the state court and all parties.
Notice of Removal; all state court pleadings; giving notice
39
If there is a _______ defect in the removal, the case must be remanded to state
court no matter when the objection is made.
jurisdictional
40
If there is a __________ defect in the removal, the case must be remanded to state
court if a _____________.
procedural; proper and timely objection is filed
41
State court subject matter jurisdiction is governed by __________.
state law
42
In state courts, subject matter jurisdiction is designated by _________ and/or
________________.
type of case; dollar amount
43
Federal courts have _________ jurisdiction over patent claims. Federal and state
court share __________ jurisdiction over _______________.
exclusive; concurrent; federal civil rights actions
44
A court has ___________ jurisdiction if it is the required forum at the beginning of the
case. A court has ________ jurisdiction if it may adjudicate a case only after it has
been heard in a lower court.
original; appellate
45
A federal district court has ________ jurisdiction over a dispute filed there and
raising a federal question, and __________ jurisdiction over appeals from Texas state
agency decisions.
original; appellate
46
A federal district (trial) court has _____________ jurisdiction over appeals from federal
administrative agency decisions
appellate
47
The United States Supreme Court has ________ jurisdiction over disputes between
states.
original
48
The Rules of Decision Act provides that "the _________________, except
where the Constitution or treaties of the United States or Acts of Congress
otherwise require or provide, shall be regarded as ____________ in civil actions
in the courts of the United States, in cases where they apply."
laws of the several states; rules of decision
49
_________ interpreted the Rules of Decision Act to require federal courts to
apply the _______________ in cases where state law applied.
Swift v. Tyson; general American common law
50
Erie Railroad Co. v. Tompkins reversed Swift v. Tyson, holding that when state law
applies in federal court, the federal court must apply _________________________________.
the law of the state in which
that federal court sits
51
_____________ coined the “____________,” which provides
that the ______ Doctrine mandates state law only where it affects substantive rights
that are potentially outcome determinative.
Guaranty Trust v. York; outcome determinative test; Erie
52
___________ modified the _____________, holding that the court
should ________________ in the case to determine which interests
were stronger. _____ further held that one factor of the balancing test is whether the
state law in question is _____________ outcome determinative. Thus,
Byrd gives more importance to _________ that absolutely change the outcome of the
case.
Byrd v. Blue Ridge; outcome determinative test; balance state and federal interests; Byrd; absolutely or definitively; state laws
53
To determine the content of state law in federal court, the Erie Doctrine directs that
the court give binding authority to ___________ and _______________. Persuasive (but not binding) authority is found in _____________ and ____________. Erie also allows courts to
make an ___________ as to state law
state statutes; decisions from the state's
highest court; lower state
appellate courts; federal court opinions on state law; educated guess
54
The Rules Enabling Act (28 U.S.C. § 2072) provides the United States Supreme
Court may enact the __________, provided that no rule may
__________ any substantive right.
Federal Rules of Civil Procedure; abridge, enlarge or modify;
55
The most prominent Rules Enabling case is ___________, which resolves the
conflict between the Rules Enabling Act and the ___________.
Hanna v. Plumer; Erie Doctrine
56
Hanna v. Plumer also introduced the concept of the “twin aims of Erie,” which are
to (1) discourage _____________, and (2) avoid the ____________________.
forum shopping; inequitable administration of
the laws
57
Choice of law is the process by which courts determine which ___________ laws will be applied in a case.
state’s or nation’s
58
Choice of law rules may be ________ or ______________.
statutory; common law
59
One example of a common law choice of law rule is the Texas case of Duncan v.
Cessna, which holds that Texas courts will use the “______________” to choose the governing law. This rule applies except where there is a
________________, or where the action is based on contract that contains a
________________.
most significant relationship
test; statutory choice of law rule; valid choice of law clause
60
In federal courts, choice of law for non-federal-question cases is controlled by the
choice of law rules of _______________.
the state in which the federal court sits
61
In federal court, Plaintiff's initial pleading is called a _________. It must contain:
a. an allegation of ____________
b. a short and plain ___________ showing that the pleader is _______________
c. a demand for ____________.
complaint; subject matter jurisdiction; statement of the claim; entitled
to relief; judgment
62
In Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the United States Supreme
Court held that a properly-stated claim must “contain sufficient ___________,
accepted as true, to state a claim for relief that is ____________.”
factual matter; plausible on its face
63
In federal court, defendant's answer must respond to each paragraph of plaintiff's
complaint with one of the following:
a. __________
b. _______
c. statement that defendant __________________________
admission; denial; lacks sufficient knowledge to respond
64
In addition to the foregoing, defendant may plead affirmative defenses. If
defendant fails to plead these, they are waived. Name three examples:
___________________________
— contributory negligence
— assumption of risk
— fraud
— statute of limitations
— discharge in bankruptcy
— estoppel
— failure of consideration
— payment
— release
— res judicata
— statute of frauds
65
F.R.C.P. 11 requires that an attorney or pro se party sign each pleading, which
certifies that he or she has made a _________________, and that the pleading is (1)
not being presented for any _______________; (2) ____________ or a
_______________ for the extension, modification, or reversal of existing law
or the establishment of new law; (3) supported by ____________, or will likely be after a
reasonable opportunity for discovery. __________ must be warranted on the
evidence or based on a reasonable lack of information or belief.
reasonable inquiry; improper purpose; warranted by existing law; nonfrivolous argument; evidence; Fact denials
66
If plaintiff's initial pleading is so vague and ambiguous that defendant cannot
reasonably be expected to respond, defendant may file a ______________ under F.R.C.P. 12(e). This must be filed ________ the Answer
Motion for More Definite
Statement; before
67
Defendant may use a __________ under F.R.C.P. 12(f) to challenge any
insufficient defense, or any redundant, immaterial, impertinent, or scandalous
matter.
Motion to Strike
68
Defendant may challenge the Complaint’s legal sufficiency by a ________________, under F.R.C.P. 12(b)(6).
Motion to Dismiss
for Failure to State a Claim
69
Defendant may challenge _____________ at any time. Defendant must
challenge ____________ and _________ at the first opportunity or waive them
subject matter jurisdiction; personal jurisdiction; venue
70
Two types of counterclaim are __________ and __________. A ___________
counterclaim is one related to plaintiff's claim. If it is not asserted, it is ________.
compulsory; permissive; compulsory; waived
71
A third party claim is one brought by a defendant against a __________. It is based
on _________ liability
new party; derivative
72
Pleadings may be amended to add new ___________, and new _______ or
_________.
factual allegations; claims; causes of action
73
If a pleading adds a new claim that is barred by the statute of limitations, that new
claim will be allowed if it is related to the original claim and if the new claim
would have been timely if filed with the original claim. This is the “_____________” in Fed. R. Civ. P. 15(c)
doctrine of
relation back
74
The doctrine of relation back also allows a plain tiff to add a new defendant after
the statute of limitations has run if the ___________ in Rule 15(c) is satisfied
balancing test
75
If plaintiff presents evidence on an unpleaded claim during trial and defendant fails
to object, that unpleaded claim will be valid if the court grants plaintiff's _____________.
Motion for Trial Amendment
76
One exception to Rule 8's notice pleading rule (“short plain statement of the
claim”) is that allegations of ________ must be plead with particularity
fraud
77
F.R.C.P. 13(a) requires defendant to assert any opposing claim against plaintiff that
_______________ that is the subject matter of plaintiff's
claim. This is known as a ____________. If defendant fails to assert
such a claim, he is _________ from raising the same claim in a later lawsuit.
arises out of the transaction or occurrence; compulsory counterclaim; barred
78
Exceptions to the requirement of asserting the claims discussed in the preceding
question include:
a. where defendant ____________ of plaintiff's claims prior to filing an
Answer.
b. where the counterclaim has not ________or __________.
c. where the counterclaim requires an additional party over whom the court
____________.
d. where the counterclaim is the subject of _________________.
e. where plaintiff's action is not based on ____________ over defendant
(i.e. an ________ action).
wins a dismissal; arisen; matured; lacks personal jurisdiction; another pending action; personal jurisdiction; in rem
79
Permissive claim joinder allows any party to join ______________ against ___________.
unrelated claims; existing
parties
80
In spite of the liberal rules for permissive joinder, all crossclaims and third party
claims must be _________ the plaintiff's claim. However, once a party has properly
asserted a crossclaim or third party claim, that party may join an _________ claim .
related to; unrelated
81
________ parties (f/k/a compulsory parties) are those who must be joined if
possible. F.R.C.P. 19 addresses this issue in two parts:
a. Rule 19(a) identifies required parties, who must be joined if ________;
b. Rule 19(b) addresses what must happen when joinder is not feasible, which
is either ________ or ___________.
Required; feasible; dismissal; litigation without the required party
82
F.R.C.P. 20 governs permissive joinder of parties. It permits __________ to
join in one lawsuit if
a. each plaintiff asserts any right to relief arising out of the same _____________, or series of transactions or occurrences, ___
b. "any question of ___________ common to all these persons will arise in the
same action."
Rule 20 also permits ______________ to _____________ if they meet
this test.
multiple plaintiffs; transaction,
occurrence; AND; law or fact; one or more plaintiffs; join multiple defendants
83
Two other requirements for naming parties to a lawsuit are:
a. ____________
b. _____________
Real Party in Interest; Capacity
84
Procedural devices for adding multiple parties include:
a. _____________
b. __________
c. ____________
d. _________
e. ____________
Impleader, or Third Party Action; Interpleader; Intervention; Class Action; Shareholders' Derivative Suit
85
Federal Rule 26(a) requires parties to __________ basic information relating to
evidence they will use at trial, damages, and insurance.
disclose
86
The scope of discovery in federal courts is “. . . any ___________ matter that is
__________ and _____________ . .
.”
nonprivileged; relevant to any party’s claim or defense; proportional to the needs of the case
87
The forms of discovery are:
_______
_______
_______
_______
_______
_______
________
—interrogatories
—requests to produce or inspect
—subpoenas duces tecum
—oral depositions
—written depositions
—physical and mental examinations
—requests for admission
88
Privileges shield information from discovery, such as:
__________
__________
___________
Discovery exemptions have a similar effect. These include
___________
__________
—attorney-client privilege
—spousal privilege
—doctor-patient privilege
—attorney work product exemption
—client investigatory exemption (in Texas state courts
89
The privileges and exemptions listed above must be raised before the deadline for
responding to that discovery request or they are ________.
waived
90
Devices for dismissal include:
a. ________ Dismissal
b. __________Dismissal for failure to prose cute, failure to comply with court
rules, or in a non-jury trial, failure to prove a claim or defense.
c. Dismissal for ____________
Voluntary; Involuntary; Failure to State a Claim
91
A Motion for Judgment on the Pleadings may be filed by __________. In deciding the motion, the court will look only to the ___________ to determine if that pleading has stated a ______ or _______.
either plaintiff or
defendant; nonmovant's
pleadings; claim; defense
92
F.R.C.P. 56 provides that for summary judgment, the _________ is on the ________ to
show that:
a. there is no __________, and
b. movant is ____________.
burden; movant; genuine issue of material fact; entitled to judgment as a matter of law
93
One major difference between a motion for summary judgment and motions under
Rules 12(b)(6) [failure to state a claim] and 12(c) [judgment on the pleadings] is
that a summary judgment motion may include __________.
evidence
94
For summary judgment in favor of the party not having the burden of proof at
trial (usually the defendant), the movant may meet the first part of the burden (no
dispute of material fact) by:
a. ________________
b. _________ portions of nonmovant's essential fact allegations (Adickes)
c. pointing to the record, after a ____________, and alleging
that non movant lacks sufficient evidence to support an ___________ of
her case, upon which nonmovant has the _____________. (Celotex
assuming all of nonmovant's fact allegations to be true; negating; reasonable time for discovery; essential element; burden of proof at trial
95
For summary judgment in favor of the party bearing the burden of proof at trial, the
movant must meet the burden of proof by _____________ of the claim or defense
offering evidence to establish each
element
96
Once the movant has met the initial burden under Rule 56(a) or 56(b), the burden
shifts to __________, who may defeat the motion for summary judgment by:
a. ______________, or
b. ______________.
nonmovant; creating a fact dispute; showing that the law does not entitle movant to judgment
97
In deciding the motion for summary judgment, the court must view the evidence in
the ___________________.
light most favorable to the nonmovant
98
To create a fact dispute that will prevent summary judgment, nonmovant must
offer opposing evidence on which _______________. If reasonable
minds could not differ, then there is no fact dispute, and the judge may render
summary judgme
reasonable minds could differ;
99
Anderson v. Liberty Lobby emphasizes that the question before the court on a
motion for summary judgment is the same as for a motion for _____________.
directed verdict
100
If a party lacks evidence to respond to a motion for summary judgment, that party
may seek __________ under Rule 56(f).
additional time
101
In federal court, the trial issues of law and fact are governed by a __________. In
state courts that do not use a Pretrial Order, the issues of fact and law are governed
by the ______________.
Pretrial Order; latest pleadings
102
The process of questioning prospective jurors is called __________.
voir dire
103
There are two kinds of challenges to prospective jurors:
__________ are based on the court's ruling that reasonable cause exists to
excuse that person from jury service based on a possibility of prejudice against one
of the parties, or some other bias in the case.
______________ allow the parties a limited number of "strikes" to excuse
prospective jurors for no stated reason.
Challenges for cause; Peremptory challenges
104
Asking the court to order all witnesses other than parties to leave the room is
known as _______________.
invoking The Rule
105
A defendant may move for the _____________ if he has the burden of proof
on all the remaining issues.
right to open and close
106
Under the Seventh Amendment to the United States Constitution, all parties in
federal court have a right to trial by jury in __________ exceeding __________ in controversy
cases at common law; twenty
dollars
107
In federal court, parties have no constitutional right to trial by jury in ________ cases.
However, the states may grant the right to jury trial in equity cases.
equity
108
The right to jury trial is presumed to exist under a federal statute unless that statute
___________ the right
expressly excludes
109
If a party fails to request a jury within the time allowed by ___________, the right to
jury trial is ________.
forum law; waived
110
After all evidence and arguments have been presented, the judge describes the
applicable law to the jury in _______________. If the judge instructs the jury incorrectly on an issue of law, this is __________ even though it applies to the jury's
function
jury instructions; appealable
111
If a jury is not requested, the court conducts a non-jury trial in which the judge
becomes the _____________.
trier of law and fact
112
As of December 1, 1991, the Federal Rules of Civil Procedure were amended so
that “directed verdict” and “judgment notwithstanding the verdict” are both known
as “__________________."
judgment as a matter of law
113
In a jury trial, at the close of plaintiff's evidence, defendant may move for a
_______________ (the old directed verdict) under Fed. R. Civ. P. 50(a).
The judge may grant it if, viewing the evidence in the _______________, a reasonable jury could not find for plaintiff.
judgment as a matter of law; light most favorable to the
plaintiff
114
If the motion for judgment as a matter of law (or directed verdict) is denied,
defendant presents his case. At the close of defendant's evidence, __________ may move for judgment as a matter of law, which may be granted if a
reasonable jury could only find for movant.
plaintiff and
defendant
115
After the jury has returned its verdict, the losing party may move for ______________ (the old judgment notwithstanding the verdict, or JNOV) under Fed.
R. Civ. P. 50(b) anytime within ____ days after entry of judgment. However,
movant must have filed a motion for ____________ during the trial as
a prerequisite.
judgment as a matter of law; 28; judgment as a matter of law
116
After trial, the losing party may file a Motion for New Trial within __ days after entry of Judgment. The trial judge may grant a new trial on any of
the following grounds:
—________
—___________
—_____________
—result contrary to the ____________
28; trial error; newly discovered evidence; misconduct; great weight of the evidence
117
The Court of Appeals may reverse the trial judge's granting of a Motion for New
Trial only if there was ___________ to support the granting of a new trial.
no evidence
118
Courts may grant a new trial, conditioned on remittitur or additur. _________
orders a new trial unless plaintiff accepts a lesser amount of damages. __________
orders a new trial unless defendant agrees to pay extra damages. Federal law
prohibits _________ as a violation of the right to jury trial
Remittitur; Additur; additur
119
A new trial may be granted for newly discovered evidence if the following
conditions are met:
— the new evidence was discovered __________
— the new evidence was not discoverable by ____________ prior to the first
trial
—the new evidence is not __________
—the new evidence will __________
after the first trial; reasonable diligence; merely cumulative; probably produce a new result
120
Under F.R.C.P. 60(a), a party may correct _____________ and other __________ in a judgment. Under F.R.C.P. 60(b), a party may ask for a new trial based
on _______________-.
clerical mistakes; inadvertent
errors; newly discovered evidence or fraud
121
A party may also challenge a final judgment by _____________ alleging ____________ or _________.
filing a new action; newly
discovered evidence; fraud
122
Thus there are three methods for challenging a judgment based on newly
discovered evidence or fraud:
a. ______________ (Rule 59)
b. ______________ (Rule 60)
c. ___________
One principle difference between these three is the _____ allowed for filing.
Motion for New Trial; Motion for Relief from Judgment; A New Lawsuit; time
123
Appellate courts primarily review _________. In order to receive appellate
review, there must be a trial error that was ______________ by a ____________.
questions of law; properly preserved; timely objection
124
Appellant may preserve error by:
a. _________ at the time of the error,
b. stating the _______ for the objection,
c. making known to the court the _________, and
d. obtaining a ______ on the objection.
objecting; grounds; action desired; ruling
125
Appellate courts may also review the jury's decision, but only as to the ___________, which is also a question of ______.
sufficiency of the evidence; law
126
_______ courts may review the trial judge's Findings of Fact in a __________.
The standard of review is ___________.
Appellate; nonjury trial; clearly erroneous
127
Preclusion is the doctrine that limits the relitigation of issues and claims. The two
kinds of preclusion are:
—____________
—_____________
Claim preclusion; Issue preclusion
128
Another name for preclusion is "________."
res judicata
129
Claim preclusion includes the doctrines of ________ and ____.
merger; bar
130
Merger applies to judgments for _______. It provides that a __________ judgment for plaintiff (a) prevents plaintiff from suing again, except in a collection
action on the judgment, and (b) bars defendant's defenses in an action on the
judgment.’
Plaintiff; valid and final
131
Bar applies to judgments for __________. It provides that a judgment for defendant
_______________ on the same claim
Defendant; bars another action by plaintiff
132
The-elements of claim preclusion are:
a. _______
b. _________
c. ____________
same claim; same parties; valid and final judgment
133
Claim preclusion does not apply to certain actions, including:
a. Dismissal on grounds of _______, __________, ___________.
b. _________
c. Where preclusion is __________
d. ________ courts (in some jurisdictions)
jurisdiction, venue, or party joinder; Nonsuit without prejudice; denied by statute; Small Claims
134
Issue preclusion is also known as ________.
collateral estoppel
135
Issue preclusion does not apply to whole lawsuits, but to:
a. issues of __________
b. that were __________
c. that ended in a ______________,
d. where determination of that issue was _________ to the judgment, and
e. where the judgment is ___________
law or fact; actually litigated; valid and final judgment; essential; binding on the party being estopped
136
Issue preclusion no longer requires __________. This is also known as
"offensive collateral estoppel." It means that a person who was not a party to the
first lawsuit can use the results of that action against any person who (a) was a
______ and (b) had a _________.
mutuality of parties; party; full and fair opportunity to litigate
