Verdicts and Judgements

Question 1

Default judgement

Answer 1

Default Judgment:
*One party fails to plead or defend
*Court enters default judgment

Question 2

Voluntary dismissal

Answer 2

Voluntary Dismissal:
*Plaintiff voluntarily dismisses
*Before Answer/Summary Judgment
*First time without prejudice

Question 3

Involuntary dismissal

Answer 3

Involuntary Dismissal:
*COURT dismisses the case

Question 4

Involuntary Dismissal – Usually with
Prejudice

Answer 4

Involuntary Dismissal – Usually with
Prejudice:
1) Failure to State a Claim
2)Failure to Obey Court Order
3)Failure to Prosecute

Question 5

Involuntary Dismissal – Without Prejudice:

Answer 5

Involuntary Dismissal – Without Prejudice:
1) Lack of Jurisdiction
2)Venue
3)Failure to Join Indispensable Party

Question 6

judicial bias - Challenge for Cause:

Answer 6

Challenge for Cause:
*The appearance of bias
*Parties can waive

Question 7

Grounds for Recusal:

Answer 7

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

Question 8

Claim Preclusion =

Answer 8

res judicata

Question 9

issue preclusion =

Answer 9

collateral estoppel

Question 10

Res Judicata/Claim Preclusion reqs

Answer 10

1) Same parties or privity
2)Same transaction or occurrence
3)Judgment on the merits

Question 11

what are the two potential outcomes of res judicata?

Answer 11

Merger or Bar

Question 12

Res Judicata – Merger:

Answer 12

Res Judicata – Merger:
*Plaintiff wins case
*Claim merges into judgment
*Cannot sue on same cause of action

Question 13

Res Judicata – Bar:

Answer 13

Res Judicata – Bar:
*Plaintiff loses case
*Barred from suing on same cause of action

Question 14

Can a plaintiff split a claim?

Answer 14

Claim Splitting:
*Plaintiff cannot SPLIT a claim

Question 15

Res Judicata does not apply to:

Answer 15

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)

Question 16

Change of Law and res judicata

Answer 16

Change of Law:
*Once there is a final judgment, you cannot bring suit again

Question 17

what is privity?

Answer 17

Privity:
*Legal or special relationship
*Res Judicata applies

Question 18

Collateral Estoppel/Issue Preclusion reqs

Answer 18

Collateral Estoppel/Issue Preclusion
1) Same issue
2)Final judgment
3) Issue necessary to judgment

Question 19

to what does Collateral Estoppel does not apply:

Answer 19

Collateral Estoppel does not apply:
1) Settlement
2)Default Judgment

Question 20

Issue Necessary to Judgment:

Answer 20

Necessary to Judgment:
* Party that the preclusion is asserted against must have had full & fair opportunity to litigate

Question 21

how many does collateral estoppel typically have?

Answer 21

3

Question 22

collateral estoppel: what can a defendant NOT do

Answer 22

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)

Question 23

Defensive use of CE

Answer 23

• Same Plaintiff, New Defendant
• New Defendant can use Collateral Estoppel as
  defense

Question 24

suing him?
Offensive Use of Collateral Estoppel:

Answer 24

• New Plaintiff, Same Defendant
• New Plaintiff cannot use Collateral
  Estoppel against Same Defendant

Question 25

Applicable Preclusion Rule – Diversity Cases:

Answer 25

• First case in Federal Court, apply federal
  preclusion rule
• First case in State Court, apply the first
  jurisdiction’s preclusion rule

Question 26

Full Faith & Credit:

Answer 26

Full Faith & Credit:
* One state must respect the other’s judgments