Post-Trial Procedure Flashcards
Motion to set aside Judgment
In fed. ct., ct. may set aside final judgment on the following grounds:
- Anytime - For Clerical Error
- Within One Year:
- Mistake or excusable Neglect
- Fraud, Misrepresentation or other Misconduct by Adverse Party
- Newly Discovered Evidence - Reasonable Time, couldn’t have gotten w/ due diligence during orig. trial
- Within a Reasonable Time - Judgment Void
What are the types of verdicts a judge can ask a jury to enter?
- General Verdict
- Special Verdict
- General Verdict with Interrogatories
General Verdict
Jury finds in favor of one P or other, doesn’t resolve specific fact questions
Special Verdict
Jury makes findings only on factual issues submitted to them by judge
- judge then decides the legal effect of the verdict
General Verdict with Interrogatories
Gen. verdict accompanied by answers to written interrogatories on one or more issues of fact that bear on the verdict
Appellette Review
Cases are appealed from the fed. dist. ct. to the US court of appeals
Final Judgment Rule
Case can only be appealed after final judgment on the merits of the entire case in the lower court
- if there are issues remaining for the lower ct. to decide on the merits of the case, appeal will not be taken
- Fed. Ct. of Appeals - Notice of appeal filed within 30 days of entry of final judgment
- SCOTUS - Notice of appeal filed within 90 days of entry of judgment in court of appeals
Interlocutory Appeals Act
Grants discretion to courts of appeal to review interlocutory orders in civil cases where:
- Dist. ct. states in the order that a controlling question of law is in doubt &
- The immed. resolution of the issue will materially advance the ultimate determination of litigation
Court of Appeals must agree to allow the appeal
Collateral Order Doctrine
Allows appeal of the dist. ct. decisions
- that are conclusive,
- that resolve important questions completely separate from the merits, and
- that would render such important questions effectively unreviewable on appeal from final judgment in the underlying action
- Double Jeopardy Defense
- St. Sovereign immunity Under 11th Amendment
- Gov’t official qualified immunity
- Foreign Sovereign Immunity
- Absolute Presidential Immunity
Appeals - Class Action Certification
US ct. of appeals has descretion to review an order granting or denying the certification of a class action
- Within 14 days
- Notice must be filed in the US court of appeals
Extraordinary Writs
- Mandamus - Issued by superior court to compel a lower ct. or gov’t officer to perform mandatory duties correctly
- Prohibition - Issued by appellate court to prevent lower ct. from exceeding its juris. or to prevent nonjudicial officer or entity from exercising power
Preclusion
Res Judicata & Collateral Estoppel
- Issue arises when there has been an earlier case
- claim preclusion & issue preclusion are affirmative defenses so ▵ must raise them in her answer
Preclusion - Governing Law
Governing Law - law of system that presided over the orig. action
Preclusion - Earlier case on Appeal
Earlier case on Appeal - If earlier case has been appealed or time for appeal hasn’t expired, fed. ct. will still apply res judicata & collateral estoppel
Res Judicata
Claim Preclusion
- Where theres a final judgment on the merits, RJ precludes re-litigating the claim
Res Judicata - Elements
To invoke the doctrine of res judicata, 3 elements must be satisfied:
- The claim at issue must be related to the same transaction or occurrence of previously litigated claim
- It must involve a claim by the same claimant against the same ▵ as the prev. lit. claim, and
- The prev. lit. claim must have resulted in a final judgment on the merits
Res Judicata - Exceptions
Exceptions: When the judgment was based on:
- Jurisdiction
- Venue
- Indispensable Parties
- SOL - if case dismissed due to SOL, claimant is permitted to bring same action in another ct that has longer SOL
Res Judicata - Merger & Bar
Merger - Res Judicata when the Plaintiff won the 1st case is called merger
Bar - Res Judicata when the ▵ won the 1st case is called bar
Doctrine of Collateral Estoppel
Issue Preclusion
- Precludes re-litigation of particular issue
Doctrine of Collateral Estoppel - Elements
Requires 5 elements
- It must involve a previously litigated issue of law or fact
- The prev. lit. issue must have been actually litigated,
- It must have been litigated to a final judgment on the merits
- The issue must have been central (non-collateral) issue in the prev. lit.,
- Resolution of the issue was essential to the judgment (w/out issue, outcome of 1st case would’ve been different) AND
1. At least one of the parties from the prev. lit. must be present
Preclusion - Who is bound?
Only Ps and ppl in privity with a P in 1st action are bound by result in 1st action
Who is Bound - Non-Mutual Collateral Estoppel
Modernly, Cts. allow non-Ps to use col. est. against Ps to a prior action b/c mutuality isn’t required by Due Process
Who is Bound - Non-Mutual Defensive Collateral Estoppel
Use by non-P ▵
- Plaintiff sues ▵1 and loses.
- Plaintiff sues ▵2 who can argue non-mutual collateral estoppel
Full & Fair Op. to Litigate - Perm. in fed. ct. if :
- Plaintiff had full & fair op. to lit. the issues in 1st case
Who is Bound - Non-Mutual Offensive Collateral Estoppel
Use by non-P Plaintiff
- Permitted if Fair - Factors considered are:
- Full & Fair Op. to Lit.
- Multiple Suits Foreseeable
- Plaintiff couldn’t have joined orig. action
- No inconsistent Judgments on the record
to where must a party wishing to appeal a dist. ct. order appeal ?
Court of appeals for the circuit in which the district court sits
Where is the only place to appeal a court of appeals order or judgment
U.S. Supreme Court
Federal circuit courts have juris. to hear appeals seeking what?
- Final judgment
- orders for prelim. injunctive relief
- orders certifying a class
- Orders that have been certified by the dist. ct.
- Collateral orders
What is a final judgment
Judicial act that disposes of the entire case
When can an order for prelim. injunctive relief be appealed?
They can be immed. appealed for either the granting or denying of a:
- Prelim. injunction OR
- TRO
