post-trial Flashcards
1
Q
motion for new trial
A
against weight of evidence, excessive damages, procedural error, newly discovered evidence
2
Q
motion for relief from judgment
A
Grounds: mistake, newly discovered evidence, fraud/misrepresentation, lacked SMJ or PJ, judgment satisfied, catch-all.
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).
4
Q
res judicata (claim preclusion)
A
Same parties + arising out of same transaction/occurrence + determined on the merits
5
Q
issue preclusion
A
Issue litigated in prior suit: Issue was essential + judgment on merits + incentive to litigate