verdicts and judgments

Question 1

default judgment

Answer 1

party failed to appear

clerk must enter into record

Question 2

voluntarily dismissal w/o prejudice

Answer 2

all parties sign stipulation of dismissal

OR

before answer or SJ

Question 3

what is involuntary dismissal

Answer 3

court dismisses cases

Question 4

when is involuntary dismissal with prejudice

Answer 4

failure to state claim

failure to obey court order

failure to prosecute

Question 5

when is involuntary dismissal without prejudice

Answer 5

lack of J

lack of venue

failure to join indispensable party

Question 6

when must a judge recuse himself and the parties cant waive it

Answer 6

personal knowledhe

worked with one of the attys

financial interest

expressed opinion on merits while in gov employment

Question 7

other word for claim preclusion

Answer 7

res judicata

Question 8

claim preclusion requirements

Answer 8

same parties or privity

same transaction

judgment on merits

Question 9

when does claim preclusion not apply

Answer 9

dismissal for lack of J

dismissal for lack of venue

settlement

Question 10

claim preclusion when P wins

merger

Answer 10

P wins case

claim merges into judgment

cannot sue on same cause of action

Question 11

claim preclusion when P loses

bar

Answer 11

P loses

barred from suing on same cause of action

Question 12

other word for issue preclusion

Answer 12

collateral estoppel

Question 13

issue preclusion requirements

Answer 13

same issue

final judgment

issue necessary to judgment

Question 14

when does issue preclusion not apply

Answer 14

settlement

default judgment

Question 15

defensive use of issue preclusion

Answer 15

same P, new D

new D CAN use issue preclusion as a defense

Question 16

offensive use of issue preclusion

Answer 16

new P, same D

new P CANNOT use issue preclusion as defense