Post-Trial Procedure

Question 1

Motion to set aside Judgment

Answer 1

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

Question 2

What are the types of verdicts a judge can ask a jury to enter?

Answer 2

1. General Verdict
2. Special Verdict
3. General Verdict with Interrogatories

Question 3

General Verdict

Answer 3

Jury finds in favor of one P or other, doesn’t resolve specific fact questions

Question 4

Special Verdict

Answer 4

Jury makes findings only on factual issues submitted to them by judge

• judge then decides the legal effect of the verdict

Question 5

General Verdict with Interrogatories

Answer 5

Gen. verdict accompanied by answers to written interrogatories on one or more issues of fact that bear on the verdict

Question 6

Appellette Review

Answer 6

Cases are appealed from the fed. dist. ct. to the US court of appeals

Question 7

Final Judgment Rule

Answer 7

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

Question 8

Interlocutory Appeals Act

Answer 8

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

Question 9

Collateral Order Doctrine

Answer 9

Allows appeal of the dist. ct. decisions

1. that are conclusive,
2. that resolve important questions completely separate from the merits, and
3. 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

Question 10

Appeals - Class Action Certification

Answer 10

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

Question 11

Extraordinary Writs

Answer 11

• 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

Question 12

Preclusion

Answer 12

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

Question 13

Preclusion - Governing Law

Answer 13

Governing Law - law of system that presided over the orig. action

Question 14

Preclusion - Earlier case on Appeal

Answer 14

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

Question 15

Res Judicata

Answer 15

Claim Preclusion

• Where theres a final judgment on the merits, RJ precludes re-litigating the claim

Question 16

Res Judicata - Elements

Answer 16

To invoke the doctrine of res judicata, 3 elements must be satisfied:

1. The claim at issue must be related to the same transaction or occurrence of previously litigated claim
2. It must involve a claim by the same claimant against the same ▵ as the prev. lit. claim, and
3. The prev. lit. claim must have resulted in a final judgment on the merits

Question 17

Res Judicata - Exceptions

Answer 17

Exceptions: When the judgment was based on:

1. Jurisdiction
2. Venue
3. Indispensable Parties
4. SOL - if case dismissed due to SOL, claimant is permitted to bring same action in another ct that has longer SOL

Question 18

Res Judicata - Merger & Bar

Answer 18

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

Question 19

Doctrine of Collateral Estoppel

Answer 19

Issue Preclusion

• Precludes re-litigation of particular issue

Question 20

Doctrine of Collateral Estoppel - Elements

Answer 20

Requires 5 elements

1. It must involve a previously litigated issue of law or fact
2. The prev. lit. issue must have been actually litigated,
3. It must have been litigated to a final judgment on the merits
4. 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

Question 21

Preclusion - Who is bound?

Answer 21

Only Ps and ppl in privity with a P in 1st action are bound by result in 1st action

Question 22

Who is Bound - Non-Mutual Collateral Estoppel

Answer 22

Modernly, Cts. allow non-Ps to use col. est. against Ps to a prior action b/c mutuality isn’t required by Due Process

Question 23

Who is Bound - Non-Mutual Defensive Collateral Estoppel

Answer 23

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

Question 24

Who is Bound - Non-Mutual Offensive Collateral Estoppel

Answer 24

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

Question 25

to where must a party wishing to appeal a dist. ct. order appeal ?

Answer 25

Court of appeals for the circuit in which the district court sits

Question 26

Where is the only place to appeal a court of appeals order or judgment

Answer 26

U.S. Supreme Court

Question 27

Federal circuit courts have juris. to hear appeals seeking what?

Answer 27

1. Final judgment
2. orders for prelim. injunctive relief
3. orders certifying a class
4. Orders that have been certified by the dist. ct.
5. Collateral orders

Question 28

What is a final judgment

Answer 28

Judicial act that disposes of the entire case

Question 29

When can an order for prelim. injunctive relief be appealed?

Answer 29

They can be immed. appealed for either the granting or denying of a:

• Prelim. injunction OR
• TRO