Verdicts and Judgements Flashcards
Default judgement
Default Judgment:
*One party fails to plead or defend
*Court enters default judgment
Voluntary dismissal
Voluntary Dismissal:
*Plaintiff voluntarily dismisses
*Before Answer/Summary Judgment
*First time without prejudice
Involuntary dismissal
Involuntary Dismissal:
*COURT dismisses the case
Involuntary Dismissal – Usually with
Prejudice
Involuntary Dismissal – Usually with
Prejudice:
1) Failure to State a Claim
2)Failure to Obey Court Order
3)Failure to Prosecute
Involuntary Dismissal – Without Prejudice:
Involuntary Dismissal – Without Prejudice:
1) Lack of Jurisdiction
2)Venue
3)Failure to Join Indispensable Party
judicial bias - Challenge for Cause:
Challenge for Cause:
*The appearance of bias
*Parties can waive
Grounds for Recusal:
Judge MUST recuse himself and parties CANNOT waive if:
1) Personal knowledge of facts
2)Acted as lawyer with one of the other lawyers
3)Expressed an opinion on merits while in government employment
4)Financial interest in subject matter/party
5)Violates Due Process rights
Claim Preclusion =
res judicata
issue preclusion =
collateral estoppel
Res Judicata/Claim Preclusion reqs
1) Same parties or privity
2)Same transaction or occurrence
3)Judgment on the merits
what are the two potential outcomes of res judicata?
Merger or Bar
Res Judicata – Merger:
Res Judicata – Merger:
*Plaintiff wins case
*Claim merges into judgment
*Cannot sue on same cause of action
Res Judicata – Bar:
Res Judicata – Bar:
*Plaintiff loses case
*Barred from suing on same cause of action
Can a plaintiff split a claim?
Claim Splitting:
*Plaintiff cannot SPLIT a claim
Res Judicata does not apply to:
Res Judicata does not apply to:
1) Dismissal for lack of jurisdiction
2)Dismissal for improper venue
3)Settlement (unless after settlement, case is dismissed with prejudice)
Change of Law and res judicata
Change of Law:
*Once there is a final judgment, you cannot bring suit again
what is privity?
Privity:
*Legal or special relationship
*Res Judicata applies
Collateral Estoppel/Issue Preclusion reqs
Collateral Estoppel/Issue Preclusion
1) Same issue
2)Final judgment
3) Issue necessary to judgment
to what does Collateral Estoppel does not apply:
Collateral Estoppel does not apply:
1) Settlement
2)Default Judgment
Issue Necessary to Judgment:
Necessary to Judgment:
* Party that the preclusion is asserted against must have had full & fair opportunity to litigate
how many does collateral estoppel typically have?
3
collateral estoppel: what can a defendant NOT do
a D cannot use CE to prevent a NEW P from bringing suit (because of due process - new P has the right to have their case heard)
Defensive use of CE
- Same Plaintiff, New Defendant
- New Defendant can use Collateral Estoppel as
defense
suing him?
Offensive Use of Collateral Estoppel:
- New Plaintiff, Same Defendant
- New Plaintiff cannot use Collateral
Estoppel against Same Defendant
Applicable Preclusion Rule – Diversity Cases:
- First case in Federal Court, apply federal
preclusion rule - First case in State Court, apply the first
jurisdiction’s preclusion rule
Full Faith & Credit:
Full Faith & Credit:
* One state must respect the other’s judgments
