Respect for Judgements

Question 1

Rule 13

Answer 1

1. A pleading must state as a counterclaim any claim that–at the time of its service–the pleader has against an opposing party if the claim:
   i) (A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and
   ii) (B) does not require adding another party over whom the court cannot acquire jurisdiction.
   In other words If you don’t bring all of your claims the first time, you will loose them later on.

Question 2

USC § 1738

Answer 2

Judgement has the same effect in federal court that the state that issued it gave it

Question 3

General rules of same claim (claim preclusion)

Answer 3

1. Some states follow different definitions of “same”
   i) The majority rule is that “same” means the action is arising out of the same Transaction or Occurrence.
   ii) The minority rule from the first restatement is that “same” means arising out of the same evidence or common core of operative facts
   iii) “exact same claim” = identical is no longer used anywhere.

Question 4

General rules of same party (claim Preclusion)

Answer 4

1. There is no such thing as virtual representation. Every single person gets their day in court.
   2. Exceptions
   I) Contracted and bound parties(business partners), people with substantive legal relationships (husband and wife), adequate representation by someone with the same interests (trustees), party assuming control over prior litigation and special cases (bankruptcy proceedings).

Question 5

Rule 60 (b)

Answer 5

A final judgment is a final judgment, however in light of new very compelling evidence or something very unlikely, a case could be reopened, but it is rare.

Question 6

General rules of final judgment

Answer 6

A judgement is final while an appeal is pending, but a stay is usually placed (after you ask for it) on the judgement pending the appeal.

Question 7

General rules of judgement on the merits

Answer 7

1. Has their been a judgment on the merits?
   i) Yes, = The claim is precluded
   ii) No = the claim has not been precluded
2. What is a judgment on the merits
   i) Summary judgment, Dismissal with prejudice, Rule 12(b)(6), and 12(c)

Question 8

General Rules of Same Issue Preclusion

Answer 8

1. The issue has to be identical (OJ Simpson is the perfect case to show this)
2. To preclude an issue, the issue has to be decided by same or higher burden of proof (civil reasonable doubt v. Criminal beyond a reasonable doubt)

Question 9

Litigated and determined rule

Answer 9

1. To preclude an issue, the issue has to be actually litigated and determined
2. If the issue wasn’t litigated, we don’t know what he outcome should have been.

Question 10

Essential to judgment rule

Answer 10

1. To preclude an issue, It has to be essential to the judgement
2. If the district court provides alternative grounds, neither is binding in subsequent litigation
   If there is an appeal, whatever grounds the appellate court affirms are binding.

Question 11

Between parties rule

Answer 11

1. To preclude an issue, the party had an adequate opportunity an incentive to litigate.
2. One can be issue precluded if you had a fair opportunity to litigate the issue, but chose not to.