Verdicts and Judgments

Question 1

What are jury verdicts?

Answer 1

Unless parties stipulate otherwise, a jury verdict mut be unanimous and must be returned by a jury of at least six members.

The court must upon request poll the jury.

Question 2

What are general verdicts?

Answer 2

The court may order the jury to return a general verdict which simply states which party should win without specific findings of fact.

The court may submit a general verdict, together with written questions on one or more issues of fact that the jury must decide.

Question 3

What are special verdicts?

Answer 3

The court may require a jury to return only a special verdict in the form of a special written finding on each issue of fact.

The jury instructions must give the explanations necessary for the jury to make its findings.

Question 4

What happens if there are inconsistency in the verdict form?

Answer 4

If the answers are consistent but one or more answers are inconsistent with the general verdict, then the court may:

1. approve for entry an appropriate judgment according to the answers, notwithstanding the general verdict;
2. direct the jury to further consider its answers and verdict or
3. order a new trial.

If the answers are inconsistent, then the court must not enter judgment but instead must direct the jury to further consider its answers and verdict, or must order a new trial.

Question 5

What happens at bench trial?

Answer 5

The court must find the facts specially and state its conclusions of law separately.

Question 6

What is claim preclusion?

Answer 6

Once a case has reached a final judgment, then that case, and related claims and issues, have been decided or settled permanently and are not eligible for relitigation

Claim preclusion prevents relitigation of a claim:

1. between the same parties and those who are in privity with them;
2. arising out of the same transaction or occurrence underlying the prior suit; and
3. that was determined on the merits by a court with proper subject matter and personal jurisdiction.

Question 7

What is issue preclusion?

Answer 7

It prevents relitigation of issues that were fully and fairly litigated, and were necessarily decided in a proceeding that reached a final judgment on the merits.

Four elements must be met:

1. the issue must have been litigated and determined in the prior suit;
2. the issue must have been essential to the judgment;
3. the prior suit must have ended in a valid final judgment on the merits; and
4. the party against whom preclusion is asserted must have had a full and fair opportunity and incentive to litigate the issue in the first suit.

Issue preclusion cannot be used against someone who was not a party to the previous action.

There is offensive use, which is used by one who was not a party against one party who was a party. Courts are reluctant to permit offensive use. They look at the following:

1. whether the P in the second suit could have easily joined in the first action;
2. whether there are procedural opportunities available to the D in the second suit that were unavailable in the earlier action; and
3. whether the D had incentive to litigate the issue in the first action.