Judgments

Question 1

Offer of judgment

Answer 1

an offer of settlement of sanctions D may serve offer of judgment on P up to 14 days before trial and if P fails to accept offer w/i 14 days, P will be sanctioned UNLESS P does better off at offer at trial

• Better do better or sanctioned

Question 2

Default judgment definition

Answer 2

defendant will suffer if fail to respond to complaint in timely manner which means w/i 21 days of service or 60 days if waived

Question 3

when damages are certain for default judgment

Answer 3

P just makes simple request for clerk to enter judgment by filing affidavit of amount due

Question 4

if damages are not sum certain for default judgment

Answer 4

P must still apply for default judgment and prove upon damages at prove up hearing and giving D’s 7 days advance notice of that hearing

Question 5

motions to vacate default judgment

Answer 5

w/i a reasonable time of judgment, D may make a motion to vacate default judgment and will be granted liberally for good cause shown.

Question 6

Motion for relief from judgment (time limit)

Answer 6

up to 1 year after judgment

Question 7

motions for relief from judgment requirement (4 things)

Answer 7

MEND

1) merit: to claim or defense
2) Equity: inequitable to let judgment stand in fraud or perjury
3) New facts: come to light since judgment that cast out judgment itself
4) Due diligence: despite due diligence, could not discover new facts until judgment

Question 8

3 issues for finailty

Answer 8

1) res Judicata
2) Collateral Estoppel
3) Finality rule
4) Offense Collateral Estoppel

Question 9

Res judicata

Answer 9

(claim preclusion)

claim which has been fully and fairly litigated to be a FINAL JUDGMENT ON MERITS cannot be relitiated

Question 10

Collateral Estoppel

Answer 10

(issue preclusion)
an issue which has been fully and fairly litigated as party of FINAL JUDGMENT ON THE MERITS cannot be relitigated by parties

Question 11

Finality Rule

Answer 11

therefore parties are bared from re litigating claims or issues which they have already litigated to final judgment on merits

Question 12

offense collateral estoppel (ex)

Answer 12

the SEC files a securtiers fraud action against Park, Park loses. A class of private investors then files a class action against PArk for same fraud. IS park bound by the adverse judgment against it. Yes fully litigated fraud claims and final judgment on the merits.

Question 13

simplified rules for claim preclusion

Answer 13

SAME PARTIES

1) final judgment on the merits, on Cause of action
- bared on claim preclusion from same cause of action in later lawsuit

Question 14

simplified rules for issue preclusion

Answer 14

CAN BE DIFFERENT PARTIES

• previous lawsuit b/w P and D or (counter parts) any judgment binds them in subsequent suits if
  1) ACTUALLY LITIGATED and
  2) ESSENTIAL to the judgment

Question 15

reminitter

Answer 15

when jury awards exceed $ damages and shock the concious. 
Judge offers P the right to 
1) new trial or 
2) take less money
- ONLY P's decision which one to do. 
- Cannot be forced

Question 16

for a JMOL does it need t be at the close of the evidence

Answer 16

NO. as be eliminated. Can be made at some point during the trial

Question 17

for a renewed JMOL limited to the grounds raised in the initial JMOL

Answer 17

YES. in other words, a party is unable to “renew” an objection that was not raised in the initial motions, as there is no motion to object.

Question 18

what is the time frame for a renewed JMOL

Answer 18

28 days of the judgment

Question 19

all the areas where default judgments will be allowed

Answer 19

1) Evidence of mistake, surprise, or excusable neglect
2) MEND
Merit to Defense, Equity, New evidence, Due diligence
3) Judgment void
4) judgment released, satisfied or discharged
5) ANY OTHER reason justifying relief of operation of judgment

Question 20

when are judgments enforceable

Answer 20

Judgments are enforceable during pendancy of post-trial motions, UNLESS ct orders otherwise of adverse party
- 14 days become enforceable

Question 21

can judgments be enforced during post-trial motions

Answer 21

YES, unless court orders otherwise of adverse party.

- enforceable after 14 days

Question 22

what time are judgments enforceable

Answer 22

after 14 days, even if during post-trial motions UNLESS court orders otherwise of adverse party.

Question 23

can issue preclusion be different parties

Answer 23

YES, can be poxie

Question 24

can claim preclusion be different parties

Answer 24

NO must be same parties.

Question 25

what needs to happen for claim preclusion to apply

Answer 25

1) valid, final judgment on the merits
2) BOTH parties must be the same and
3) new action must involve the same cause of action, meaning that all claims must arose of the same transaction or occurrence

Question 26

what needs to happen for issue preclusion to apply

Answer 26

1) issues on both must be the same
2) there must have been a final judgment on the merits as to that issue
3) the party against whom collateral estoppel is asserted must have had a fair opportunity to be heard on the matter, and
4) the posture of the case must be such that it would not be unfair or inequitable to apply collateral estoppel

Question 27

are summary judgments final judgments 1

Answer 27

yes.

Question 28

elements for claim preclusion

Answer 28

1) earlier judgment is valid, final judgment on the merits
2) the cases are brought by the same claimant against the same D (or by or against a person in privity with a claimant or D) and
3) the same cause of action

Question 29

difference b/w claim preclusion/ issue preclusion

Answer 29

• Claim Preclusion: focuses on something larger- the scope of a cause of action
  (a) if it applies, the result is usually to bar the claimant from asserting a second case.
• Issue Preclusion: focuses on something narrow- an issue that was litigated and determined in the first case and that is relevant to the second case.

Question 30

elements for issue preclusion

Answer 30

1) valid, final judgment on the merits
2) issue must have been actually and litigated determined in the first case
3) issue must be essential to the judgment and
4) addition to party or privity with a party in the first case, the party against whom issue preclusion is being asserted must have had a fair opportunity to litigate the issue in the first case

Question 31

When is a claimed barred?

Answer 31

bar occurs when a P loses

Question 32

when does merger occur??

Answer 32

when the P wins, causes of action are merged into the judgment and cannot re litigate causes of action