Judgements

Question 1

Types of dismissal?

Answer 1

1. Voluntary
2. Involuntary

Question 1

what is a default judgement?

Answer 1

A default judgement is when one party does not plead or defend in response to a claim.

The plaintiff will win by default

Question 2

Voluntary dismissle?

Answer 2

1. A plaintiff can voluntarily dismiss their own case.
2. It can happen any time before the D answers or moved for summary judgement. If you want to do it after, you need the courts approval.
3. Can do it ONE TIME without prejudice.

Question 3

Involuntary dismissal

Answer 3

1. Court will dismiss case by order
2. Usually, this is done with prejudice, but in cases of lack of JX, venue, service, or failure to join a party, it will be done without prejudice

Question 4

Judicial Bias?

Answer 4

You can challenge a judge for cause when there is an appearance of bias from the judge. The judge cold be recused, but it can be waived by the parties.

Question 5

What if there are specific grounds for recusal of a judge instead of just an appearance?

Answer 5

CANNOT be waived and the judge must be recused.

    1. Judge has personal knowledge of facts in the case 
    2. judge acted as a lawyer or associated with a lawyer on the case
    3. judge or immediate family has financial interests in case
    4. judge expressed opinion about merits of case

Question 6

Res Judicata?

Answer 6

Claim preclusion. No claim or action can be re-litigated between the same parties about the same transaction that was decided on the merits.

Civil version of double jeopardy.

Question 7

For Res Judicata, how to determine if the previous matter was on the merits?

Answer 7

Look to the facts for settlement or dismissal.

Question 8

For Res Judicata, what if the plaintiff wins?

Answer 8

If the plaintiff wins, their claim is merged into the judgement and they cannot bring back the same cause of action

Question 9

For Res Judicata, what id P sues and losses?

Answer 9

They are barred from bringing the claim ever again

Question 10

For Res Judicata, what if I sue you once for money and then again for equitable relief?

Answer 10

If i sue you for money damages and lose, i cant go back after you for equitable relief on the same claim and vice versa.

Question 11

For Res Judicata, when does it not just apply to the original party?

Answer 11

Unless there is privity. People that are in privity may also be bound sometimes.

EX: Employer Employee

Question 12

Collateral Estoppel?

Answer 12

ISSUE preclusion. We are trying to stop individual issues from being litigated again. Sometimes you can bind people in privity, but usually only OG parties.

Issue at hand must be exactly as it was in the first case, must be decided in the first case, and must be important to the first case.

EX: Issue 1 in trial 1 was litigated and cannot be retried.

Question 13

Defenses use of Collateral Estoppel?

Answer 13

Generally permitted. A party who was not a party in the first trial, and is now a D in the second trial, is allowed to use collateral estoppel

Question 14

Offensive use of collateral estoppel?

Answer 14

When new party is a plaintiff they usually cant

EX: I sue company ABC and win. Now bob sues ABC. He tries to collaterally stop ABC from denying liability based on my suit. He can not do this.

Question 15

Full faith and credit?

Answer 15

When two states are involved, one state must give full faith and credit to judgement in the other state