Verdicts and Judgments Flashcards
Which 3 scenarios allow the court to order an involuntary dismissal against a plaintiff?
the π’s case will be involuntarily dismissed if they fail to:
- prosecute;
- comply w/ the FRCP OR
- comply with a court order
TIP: an involuntary dismissal IS WITH PREJUDICE
What are 2 ways a π may voluntarily dismiss a case?
π may voluntarily dismiss a COA, w/out prejudice, either:
- WITHOUT leave of court: a one-time voluntary dismissal IF the ∆ has not answered or filed a motion for sum judgment or by stipulation of the parties; OR
- WITH leave of the court: after the filing of an answer, motion, or previous dismissal, the π may seek court order dismissing the action
What is a “default”?
a “default” is a notation entered against a ∆ who fails to appear in court to defend or enter a plea when required to do so, or otherwise fails to respond within 21 days of being served or 60 days if service is waived
TIP: once a default has been entered, the non-compliant party may NOT receive w/ the case until the default is set aside
Which three types of verdict forms may a jury use in a civil case?
A verdict, the formal decision of a jury concerning the trial of a COA, may be a:
- general verdict
- special verdict; OR
- general verdict with special interrogatories
What is the difference between a “general verdict” and a “special verdict”?
GENERAL verdict: the jury finds for the π or ∆ and gives the damages or relief due
SPECIAL verdict: the jury makes findings on all material conclusions of facts and the court applies the law based on those findings
TIP: with a general verdict w/ special interrogatories, the jury gives a general verdict and answers specific questions on certain facts of the case
What is claim preclusion?
“res judicata” - bars a party from relegating the same claim or COA already litigated in a previous proceedings
TIP: multi-requirement test determines whether a claim is precluded
What is issue preclusion?
bars the relitigation of issues fully and fairly litigated between the parties that were essential to the judgment
TIP: a multi-requirement test determines where issue is precluded
What are the requirements of claim preclusion?
A claim will be precluded IF:
- the second claim is between the SAME claimant v. the SAME defendant (or a person in privity w/ a party from th prior suit)
- both claims arise out of the same transaction or occurrence
- the first judgment was final
- the first judgment was valid, meaning it was issued by a court with proper jurisdiction; AND
- the first judgment was on the merits, meaning it was tried and determined that the plaintiff either had or had not proven their claim
TIP: if the π WON in the first action, the doctrine of “merger” precludes it in the second action; if the plaintiff lOST in the first action, the doctrine of “bar” is what precludes it in the second action
What are the requirements of issue preclusion?
An issue will be precluded from relitigation in a subsequent action IF the issue int he first case was:
- actually litigated (in the form of a valid final determination on the merits)
- the issue was essential to the judgment that was rendered;
- identical to the issue in the subsequent case; AND
- the party against whom preclusion is asserted must have had a full and fair opportunity to litigate the issue in the first case
TIP: “issue preclusion” is historically known as “collateral estoppel”
Define voluntary dismissal
A π may voluntarily dismiss an action w/out leave of the court, b4 the ∆ answers or makes a motion for sum judgment
When may a court set aside a default judgment?
The court may set aside a default judgment w/ good cause (e.g., a showing of neglect, mistake) w/in one year
How is privity established for purposes of claim preclusion?
parties are in privity w/ each other where one party’s interest is identical to the other party’s interest, such that a judgment against one party is essentially a judgment against the second party
TIP: A familial relationship alone does NOT support a finding of privity between the parties
What is the “rule of mutuality” in issue preclusion?
Means that only parties to a prior litigation may assert issue preclusion
What is the concept of non-mutuality for issue preclusion?
non-mutual issue preclusion is the ability to exercise issue preclusion by a person who was not a party to the prior litigation
TIP: the purpose of non-mutual issue preclusion is to prevent retrying the same case twice - this promotes judicial efficiency
What is OFFENSIVE non-mutual issue preclusion?
arises when a π asserts issue preclusion offensively to prevent the ∆ who was a party to the prior litigation from relitigating an issue
TIP: a plaintiff will be prohibited from invoking non-mutual issue preclusion if the plaintiff in the second action could have easily joined the initial action (promotes judicial efficiency)
