Verdicts and Judgement

Question 1

To obtain a default judgement against a D who has appeared before the court:

Answer 1

The P must serve the with written notice of the default judgement application at least 7 days before the hearing on the matter.

Question 2

Mutual Issue Preclusion

Answer 2

When issue preclusion is asserted by parties to the first action against other parties to the first action

Question 3

Non-mutual issue preclusion

Answer 3

When issue preclusion is asserted by nonparties to the first action against parties to the first action.

Question 4

Issue preclusion generally (collateral estoppel)

Answer 4

Precludes the re-litigation of issues that were actually litigated, determined, and necessary to a valid final judgement on a prior civil or criminal prosecution.

Question 5

What law of the forum will a second court use in an issue preclusion case?

Answer 5

The second court will look to the law of the forum that entered the first judgement to determine if mutual or nonmutual issue preclusion applies in the subsequent action.

Question 6

A fed. court may set aside an entry of default for good cause, which exists when:

Answer 6

1. the failure to timely respond was the result of the D’s excusable neglect.
2. the D presented a meritorious defense

AND

3. the P would not be substantially prejudiced if the case is reopened.

Question 7

General jury verdict (2)

Answer 7

1. the jury finds in favor of, and awards any damages to a particular party
2. No statement on jury’s findings of fact.

Question 8

General verdict with Answers

Answer 8

1. jury finds in favor of, and awards any damages to, particular party
2. jury answers questions on specified factual issues

Question 9

Special verdict

Answer 9

1. the just answers questions on specified factual issues
   AND
2. the judge applies the law enters a judgement consistent with those answers.

Question 10

in a jury trial does the judge have complete discretion to decide which verdict to use, between, general, general w/answers, and special ?

Answer 10

Yes

Question 11

Claim preclusion (res judicata) provides what?

Answer 11

That a final judgment on the merits precludes identical parties from re-litigating identical claims.

Question 12

Claims are identical for res judicata if they: (2)

Answer 12

1. Arise out of the same transaction, occurrence, or series thereof

AND

2. could have been raised in the fist action.

Question 13

General Verdict with answers

Answer 13

Fill in rules, FRCP 49(b)

Question 14

When a judge is unable to proceed (ie dies), another judge can take over so long as this successor judge:

Answer 14

1. certifies that they are familiar with the record,
   AND
2. determines that the case may be completed without prejudice.

Otherwise, a new trial will be ordered.