Verdicts and Judgments

Question 1

Defaults and Dismissals

Defaults

Answer 1

A default is entered by a clerk if there is no timely answer. The default itself does not give the plaintiff any rights to collect money, the plaintiff must seek a default judgment. Default judgments are made by a clerk for a “sum certain” and can be without notice or by a judge, which requires seven-days’ notice if the defendant has appeared.

Question 2

Jury Verdicts – Types and Challenges

General Verdicts (Special Verdicts in Notes, Not here)

Answer 2

A general verdict is when the jury simply finds for a party, but does not discuss the grounds for the decision or any factual findings.

Question 3

Effect: Claim and Issue Preclusion

Claim Preclusion

Answer 3

The doctrine of claim preclusion (res judicata) provides that a final judgment on the merits of an action precludes the parties from successive litigation of an identical claim in a subsequent action. For claim preclusion to apply, the claimant and the defendant must be the same (in the same roles) or in privity in both the original action and the subsequently filed action. Claim preclusion is limited to the parties (or successors
in interest); similar action by a different party would not be precluded.

Question 4

Effect: Claim and Issue Preclusion