post-trial Flashcards

1
Q

motion for new trial

A

against weight of evidence, excessive damages, procedural error, newly discovered evidence

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2
Q

motion for relief from judgment

A

Grounds: mistake, newly discovered evidence, fraud/misrepresentation, lacked SMJ or PJ, judgment satisfied, catch-all.

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3
Q

times to appeal

A

final judgment, preliminary injunction/TRO, class certification, collateral order, certified by court (controlling legal issue + disputed precedent + advance resolution of case).

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4
Q

res judicata (claim preclusion)

A

Same parties + arising out of same transaction/occurrence + determined on the merits

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5
Q

issue preclusion

A

Issue litigated in prior suit: Issue was essential + judgment on merits + incentive to litigate

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