Verdicts and Judgments

Question 1

default judgment

Answer 1

one party fails to plea or defend

Question 2

voluntary dismissal

Answer 2

p voluntarily dismisses their case before 1) d serves answer or 2) moves for summary judgment is without prejudice

subsequent time- with preudice

Question 3

after d answers,

Answer 3

it needs court approval

Question 4

involuntary dismissal

Answer 4

dismiss by court order
1) failure to state a claim
2) failure to obey court order
3) failure to prosecute

dismissed w/ prejudice except if dismissed

1) venue
2) lack of jdx
3) indispensable party

Question 5

judicial bias of judge

Answer 5

only challenge for cause when there is appearance of bias

parties can waive this

Question 6

specific grounds for recusal and judge has to go

Answer 6

1 personal knowledge of fact

2) judge acted as a lawyer with another lawyer

3) expressed opinion about merits of case

4) judge has financial interest in party

Question 7

if the judge does not recuse himself…

Answer 7

it would violate due process

Question 8

claim preclusion (res judicata)

Answer 8

1) factually between same two parties or privity

2) arising from same t/o of first case

3) judgment on the merits in the first case

look for merger or bar– if i sue you for negligence, its been litigated to the judgment. I cannot bring it up again

plaintiff cannot split their claim (i.e. money damages and then equitable relief)

judgment on the merits- if dismissed for lack of jdx, venue, or settlement, then there is no final judgment and you are not barred from bringing the suit

Question 9

even if law changes and a loss would be a win, once there is a judgment

Answer 9

you cannot bring the suit again

Question 10

res judicata applies to

Answer 10

og party or privity of party (special relationship)

(i.e. john and his employee)

Question 11

Collateral estoppel (issue preclusion)

Answer 11

1) same or identical issue as previously litigated

2) issue was actually litigated and decided or ti does not apply

3) issue must be necessary to the judgment- party against whom preclusion must have had a full and fair opportunity to litigate the issue in the first suit

Question 12

Collateral estoppel (issue preclusion)

Answer 12

look for three parties; only the actual parties can be bound

Question 13

cannot use preclusion for someone who was not

Answer 13

in the first case

Question 14

p v d, p loses

Answer 14

second p wants to sue same d– you can sue. You cannot use collateral estoppel against someone who was not in the suit

Question 15

defensive use of collateral estoppel

p v d, p loses

Answer 15

p suing new defendant-
- defendant can use defensive use to defend and deny the plaintiff from bringing the case

Question 16

offensive use of collateral estoppel

Answer 16

plaintiff wants to sue for the same issue– you were proven negligent and d is estopped from denying liability

generally not allowed

Question 17

two weird hypos of preclusion

Answer 17

diversity case, two different jdx, and the issue is which law applies of preclusion

1) Diversity; two different jdx– if first case was decided in federal court, you go with federal preclusionary rule

2) if first case was in state court, then they apply the preclusionary rules of state court

Question 18

full faith and credit clause

Answer 18

respect judgment