Post Trial Procedure

Question 1

Post Trial Correction of Mistake

Answer 1

Clerical = Misstatement of court’s intent

Oversight/ omission = Exclusion misrepresents court’s intent

Corrected after appeal docketed ==> must be done with appellate court’s leave

Corrected before appeal docketed ==> may be done on court’s own initiative or by motion

Question 2

Res judicata

Answer 2

Under res judicata (i.e., claim preclusion), identical parties cannot relitigate identical claims after the entry of a valid final judgment on the merits.

A judgment on the merits is based on the substance of a claim or defense—not a technical or procedural ground (e.g., lack of jurisdiction, invalid party joinder, improper venue)

Question 3

Appellate standards of review

Answer 3

Legal issue ==> de novo

Fact issue ==>
clear error (bench trial)
substantial evid (jury trial)

Discretionary ==> abuse of discretion

Question 4

Defensive v Offensive Collateral Estoppel

Answer 4

Requirements
* Same issue—facts relevant to particular issue and applicable law must be identical
* Actually litigated—the issue must have been actually litigated in the prior action (mere denial is insuff)
* Final, valid judgment—first determination of issue was within authority of court that
decided it and the determination was made in final decision on the merits
* Essential to judgment—issue that constitutes a necessary component of the decision
reached will be considered essential

**Defensive: **Defendant in second action asserts to avoid re-litigating issue from first action

**Offensive: **Plaintiff in second action asserts to establish issue from first action.
Not permitted if:
-plaintiff could have easily joined first action
-defendant had little incentive to vigorously defend in first action
-second action affords procedural opportunities unavailable in first action
-inconsistent findings on issue exist

Question 4

Deadline to file a notice of appeal

Answer 4

< or = 30 days after final J entered

fed govt agency or employee < or = 60 days

Question 5

Issue Preclusion x Criminal Prosecution

Answer 5

In favor of prosecution (preclusion)
— issues determined in a criminal prosecution in favor of the prosecution are generally preclusive in a civil action against D based on the same conduct

In favor of D (no preclusion)—issues determined in a criminal prosecution in favor of D are** not preclusive in a civil action **against D based on the same conduct because P in the civil action was not a party to the criminal prosecution