Post-Trial Procedure Flashcards
Relief from judgment or order
Court can relieve a party of final judgment within a reasonable time, and no later than one year following entry of judgment, for:
(1) Mistake, inadvertence, surprise, or excusable neglect.
(2) Newly discovered evidence not previously discovered through reasonable diligence.
(3) Fraud, misrepresentation, or misconduct by opposing party.
Notice of appeal
Must generally be filed with the district clerk within 30 days after the judgment or order being appealed is entered.
Final judgment rule
Federal courts of appeal have jurisdiction over appeals of the final judgments of the district courts.
If >1 claim is presented in case, or there are multiple parties, district court may direct entry of final judgment as to one or more issues/parties ONLY IF the court expressly determines there is no just reason for delay.
Standards of appellate review
(1) Review of a trial court’s factual findings - clearly erroneous
(2) Review of legal rulings - de novo
(3) Review of discretionary rulings - abuse of discretion
(4) Review of a jury verdict - varies
Full faith and credit
If valid judgment is rendered by a court with JX over the parties, and parties receive notice of the action and a reasonable opportunity to be heard, judgment will receive the same effect in other states.
Claim preclusion general rule
A final judgment on the merits of a claim bars re-litigation of that claim by the same parties or their successors in interest.
Precludes re-litigation of every claim raised or that should have been raised in the first suit.
Three requirements for claim preclusion
(1) Final judgment on the merits in the first suit.
(2) Second suit must be between the same parties or their successors in interest.
(3) Second suit must involve the same claim or cause of action.
Claim preclusion - final judgment on the merits requirement
Includes default judgment, summary judgment, dismissal with prejudice.
NOT necessary that there had been a trial.
Claim preclusion - re-litigation between same parties requirement
Both parties must have been parties to the first action or successors in interest.
Class action: each class member is generally bound by the judgment unless the class member opted out of the lawsuit.
Claim preclusion - re-litigation of sufficiently identical claim requirement
ALL legal theories to recover for harm arising out of an occurrence count as the same claim for purposes of claim preclusion.
i.e., unless state law provides otherwise, if both contract and tort claims seek redress for the same harm, they are the same claim.
Claim preclusion for installment sales
Creditor must sue for all that is “due and owing” at the time of the suit.
All debts owed at the time of the action is one claim even if in separate payments.
Future debts/obligations are another claim.
Three requirements for issue preclusion
(1) The same issue of facts must arise in two suits.
(2) That issue must have been actually and necessarily decided in the first suit by valid and binding judgment.
(3) The party to be precluded must have been a party to the first suit.
Issue preclusion - same issue of fact requirement
Does not matter if the two suits involve entirely different claims, so long as there is a common issue of fact.
Issue preclusion - actually and necessarily decided requirement
Only applies to issues actually litigated, not those that might have been litigated.
Default judgment: results in claim preclusive effect but not issue preclusive, since nothing was actually litigated.
Must be some sort of adversarial stance by the parties.
Issue preclusion - “party to be precluded was a party to the first suit” requirement
The party invoking preclusion need not have been a party to the prior action, nor in any way involved in the action.
NO requirement for mutuality of estoppel.
