Verdicts and Judgment

Question 1

Default Judgment

Answer 1

• One party fails to plead or defend
• Court enters Default Judgment

Question 2

Voluntary Dismissal

Answer 2

• Plaintiff voluntarily dismisses the case
• Before Answer/ Summary Judgment
• THEN, the first one is without prejudice. (If it’s AFTER or 2 second time, then it With Prejudice)

Question 3

Involuntary Dismissal

Answer 3

• COURT dismisses the case by court order

Question 4

Involuntary Dismissal (usually with prejudice)

Answer 4

• failure to state a claim
• failure to obey court order
• failure to prosecute

Question 5

Involuntary Dismissal (without prejudice)

Answer 5

• lack of jurisdiction
• venue
• failure to join indispensable party

Question 6

Judicial Bias: Challenge for Cause

Answer 6

• the appearance of bias
• parties CAN waive

Question 7

Judicial Bias: Grounds for Recusal

Answer 7

Judge MUST recuse himself and parties
CANNOT WAIVE if the Judge:
1) judge has personal knowledge of facts
2) judge acted as lawyer with one of the other lawyers in the past
3) judge had expressed an opinion on merits while in government employment
4) judge or immediate family has financial interest in subject matter or with a party
5) judge violates due process rights

Question 8

Claim and Issue Preclusion

Answer 8

• Res Judicata/Claim Preclusion
• Collateral Estoppel/ Issue Preclusion

Question 9

Res Judicata/ Claim Preclusion

Answer 9

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

Question 10

Res Judicata: Merger

Answer 10

• plaintiff wins case
• claim merges into judgment
• cannot sue on same cause of action

Question 11

Res Judicata: Bar

Answer 11

• plaintiff loses case
• barred from suing on same cause of action

Question 12

Can Plaintiff split their Claim?

Answer 12

No.
I.e. If I lose on money damages, I can’t try suing on equitable relief.

Question 13

Res Judicata does not apply to:

Answer 13

1) dismissal for lack of jurisdiction
2) dismissal for improper venue
3) settlement (unless after settlement, case is dismissed with prejudice)
*Because these are not final judgments on merits

Question 14

Can you bring suit again after Change of Law?

Answer 14

No.
Even if the law changes, and a loss would now mean a win, once there is a final judgment, you cannot bring suit again.

Question 15

Privity

Answer 15

• Legal or special relationship
• Res Judicata applies

Question 16

Collateral Estoppel/ Issue Preclusion

Answer 16

1) same ISSUE as previously litigated
2) final judgment (was actually litigated and decided)
3) the issue was necessary to judgment

Question 17

Res Judicata Indicator

Answer 17

Same parties, same transaction or occurrence, final judgment

Question 18

Collateral Estoppel does not apply:

Answer 18

1) settlement
2) default judgement

Question 19

Necessary to Judgment

Answer 19

Party preclusion is asserted against must have had full and fair opportunity to litigate in the first suit

Question 20

Collateral Estoppel typically has

Answer 20

THREE people
(original parties + New Plaintiff or New Defendant)

Question 21

Can Defendant prevent NEW plaintiff from bringing suit via Collateral Estoppel?

Answer 21

NO

Question 22

P1 v. D. D loses. P2 wants to sue D for same issue.

Answer 22

D CANNOT use collateral estoppel

Question 23

P v. D1. P loses. P wants to sue D2 on same issue.

Answer 23

Defensive Use of Collateral Estoppel
- D2 CAN use Collateral Estoppel against P

Question 24

P1 v D. P1 wins. P2 wants to sue D.

Answer 24

Offensive Use of Collateral Estoppel

Question 25

Diversity Case. Two different jurisdictions. Which preclusion rule would apply?

Answer 25

Where was the first case decided?
- First case in Federal Court, apply federal preclusion rule to second case
- First case in State Court, apply the first jurisdiction’s preclusion rule to second case

Question 26

Full Faith & Credit

Answer 26

One state must respect the other’s judgments