Trial Procedures

Question 1

Right to Jury Trial in Civil Cases

Answer 1

a. an action seeking solely money damages
b. replevin action
c. claim to real property
d. annulment of marriage
e. divorce action

Question 2

Res Judicata

{Claim preclusion}

Answer 2

when a final judgment on the merits, all other claims by the plaintiff against that defendant are barred if:

the other claims arise from the same transaction or occurrence as the P’s original claim; even if based on different theories or _different remedies _

EXCEPTION:

• divorce based on cruel treatment - if judgment granted, can also bring personal injury claims arising out of assaults from marriage

Question 3

Collateral Estoppel

{Issue Preclusion}

Answer 3

Avoids need for re-litigation of specific fact issues decided in prior proceeding IF:

1. issue in the former and current proceeding = identical
2. issue was actually litigated and decided in the former proceeding
3. the party against whom issue preclusion is asserted had a full and fair opp to litigate that issue in the former proceeding.