Kaplan Pgs 75-80 Verdicts, Judgements, Appeals

Question 1

What is involved in pulling the jurors individually?

Answer 1

After verdict is returned before the jury is discharged, the court must if a party requested, or May on its own, pull the jurors individually. If the poll reveals a lack of unanimity or lack of assent, the court can direct the jury to deliver it further or can order a new trial

Question 2

Claim preclusion/res judicata prevents relitigation of what kinds of claims?

Answer 2

• between the same parties and people that are in property with them
  – Arising out of the same transaction or occurrence underlying the prior suit
  – those determined on the merits by a court with proper subject matter and personal jurisdiction

Question 3

Is a dismissal with prejudice considered to be a dismissal on the merits for claim preclusion?

Answer 3

Yes

Question 4

Is claim preclusion considered to be an affirmative defense?

Answer 4

Yes

Question 5

What is a narrower thing, an issue or a claim?

Answer 5

An issue. The litigation of a single claim may involve the determination of many different issues

Question 6

What are the elements that are required for issue preclusion?

Answer 6

– The issue must have been litigated and determined in a prior suit
– the issue must’ve been essential to the judgment
– the prayer suit must have ended in a valid final judgement on the merits
– the party that preclusion is sought against must’ve had a full and fair opportunity and incentive to litigate the issue in the first suit

Question 7

Would criminal acquittal in a previous action have issue preclusive effect in a subsequent civil action?

Answer 7

No because the burden of proof is more modest in a civil case

Question 8

What is a final judgment?

Answer 8

One that disposes of all issues as to all parties and disposes of the entire case

Question 9

When appellate courts are reviewing a case on appeal, what are the things that they will not review?

Answer 9

– Errors that are not on the record of the trial court proceeding
– errors that do not affect substantial rights

Question 10

What are the different levels of scrutiny that errors at the trial level get on appeal?

Answer 10

Dash conclusions of law: reviewed de novo
Dash factual findings: only disturbed if they are clearly erroneous
– other discretionary determinations made by the judge: affirmed unless there’s some indication that the judge abused his discretion