Verdicts and Judgments Flashcards
Involuntary Dismissal with Prejudice
Failure to state a claim
Failure to obey court order
Failure to prosecute
Involuntary Dismissal w/out Prejudice
Lack of Jurisdiction
Venue
Failure to Join Indispensable Party
Judicial Bias - Challenge for Cause
Appearance of bias
Parties can waive
Judicial Bias - 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 opinion on the merits while government employee
4. Financial interest in subject matter/party
5. Violates due process
Res Judicatata / Claim Preclusion - General Principles
Same parties or privity
Same transaction or occurrence
Valid, final judgment on the merits
Res Judicatata / Claim Preclusion - Merger
Plaintiff wins case
claim merges into judgment
Cannot sue on same cause of action
Res Judicatata / Claim Preclusion - Bar
Plaintiff loses case
Barred from suing on same cause of action
Res Judicatata / Claim Preclusion - Does not Apply
Lack of jurisdiction
Improper venue
Settlement–unless later dismissed with prejudice
Collateral Estoppel / Issue Preclusion - General Principle
Same issue
Valid, Final judgment on the Merits
Issue necessary to judgment
- Party preclusion is asserted against must have had full & fair opportunity to litigate
Collateral Estoppel / Issue Preclusion - Does not Apply
Settlement
Default Judgment
Collateral Estoppel / Issue Preclusion - Defensive
Same Plaintiff
New Defendant
New Defendant can use Collateral Estoppel as defense
Collateral Estoppel / Issue Preclusion - Offensive
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
