Verdicts and Judgments

Question 1

A) Judgments

Answer 1

1) Default Judgment -Other Party ‘gave up’
2) Voluntary Dismissal
3) Involuntary Dismissal – Court Dismisses the Case

Question 2

1) Default Judgment -Other Party ‘gave up’

Answer 2

(a) One party fails to plead or defend
(b) Court enters default judgment

Question 3

2) Voluntary Dismissal

Answer 3

(a) P voluntarily dismisses
(i) Before answer/summary judgment
(b) First time without prejudice

Question 4

3) Involuntary Dismissal

Answer 4

(a) Involuntary Dismissal Usually with Prejudice
(i) Failure to state a Claim
(ii) Failure To obey a Court Order
(iii) Failure to prosecute

Question 5

(b) Involuntary Dismissal – Usually without Prejudice

Answer 5

(i) Lack of Jurisdiction
(ii) Venue
(iii) Failure to Join Indispensable Party

Question 6

B) Judicial Bias

Answer 6

(a) The appearance of bias
(b) Parties can waive

Question 7

2) Grounds for Judge Recusal

Answer 7

(a) Judge must recuse himself and parties CANNOT waive if:
(i) Personal knowledge of facts
(ii) Acted as a lawyer with one of the other lawyers
(iii) Express an opinion on merit while in government employment
(iv) Financial interest in subject or in the party
(v) Violates the due process rights

Question 8

1) Res Judicata / Claim Preclusion

Answer 8

(a) Same parties or privity
(b) Same transaction or occurrence
(c) Judgment on the merits

Question 9

2) Collateral Estoppel / Issue Preclusion

Answer 9

(a) Same ISSUE
(b) Final judgment
(c) Issue must be necessary for judgment