Verdicts & Judgments

Question 1

Default Judgment

Answer 1

= when one Party fails to plead / defend → Court enters default judgment

Question 2

Voluntary Dismissal

Answer 2

= when P voluntarily dismisses his own case

*P must do this BEFORE the D serves his Answer to PANDBEFORE D motions for SJ

*1st Time = WITHOUT Prejudice – but after that, P will need Court’s approval

Question 3

Involuntary Dismissal

Answer 3

Involuntary Dismissal = when Court orders a case be dismissed

• USUALLY - a Court orders Involuntary Dismissal WITH Prejudice, e.g., due to…
  
  1. Failure to State a Claim
  2. Failure to Obey a Court Order
  3. Failure to Prosecute
• EXCEPT - usually withOUT Prejudice when it’s due to…
  
  1. Lack of Jurisdiction
  2. Improper Venue
  3. Failure to Join an Indispensable Party

Question 4

When can a Party challenge a Judge due to Judicial Bias?

Answer 4

a Party can challenge a Judge due to Judicial Bias when → FOR CAUSE due to an appearance of bias

*But, Parties can waive this

Question 5

When must a Judge recuse himself?

Answer 5

= a Judge MUST recuse himself AND Parties CANNOT waive IF the Judge…

• has personal knowledge of the facts
• worked as a lawyer with one of the other lawyers in a matter of controversy
• expressed an opinion on the Case’s merits while in Gov’t employment
• Judge OR his immediate family has a financial interest in a Party OR the Case’s subject matter; *OR*
• violates a Party’s Due Process Rights

Question 6

Claim Preclusion

(and Aka?)

Answer 6

Aka. “Res Judicata” (meaning “thing adjudged”)

Claim Preclusion = precludes a CLAIM from being litigated again WHEN the 2nd lawsuit would involve…

1. SAME Prior Parties OR anyone in PRIVITY with a Prior Party
2. this Claim arises from SAME transaction or occurrence as Prior Claim, AND
3. Prior Case resulted in a JUDGMENT ON THE MERITS

Question 7

For Res Judicata, when is someone in privity with a Prior Party?

Answer 7

For Claim Preclusion, a Person is in privity with a Prior Party when → that Person has a legal OR special relationship with a Prior Party

*Claim Preclusion APPLIES to that Person

Question 8

For Claim Preclusion, what does not count as a judgment on the merits?

Answer 8

for CLAIM Preclusion, these outcomes are NOT a judgment on the merits:

1. Dismissal for Lack of Jurisdiction
2. Dismissal for Improper Venue
3. Settlement

*thus, Claim Preclusion does NOT preclude Claims where the case ended in any of ^these ways

Question 9

In Res Judicata, what happens if P wins his Case?

And if he loses?

Answer 9

…if P WINS the Case = P’s Claim “MERGES” into the judgment → P CANNOT sue again based on that same cause of action

…if P LOSES the Case = P is “BARRED” from suing again based on that same cause of action

Question 10

On MBE, what’s an issue-spotting signal that the Q is about Res Judicata?

Answer 10

typically, Res Judicata involves 2 people → the SAME P & D from the Prior Case

(whereas typically, Collateral Estoppel involves 3 people)

Question 11

If the law changes after final judgment is issued in a Case, can P sue again on a Claim from that Case?

Answer 11

= due to Claim Preclusion, if the law changes after final judgment is issued in a Case → P CANNOT sue again

Question 12

If there’s a judgment on a Claim, can the P sue again on any other portion of that Claim?

Answer 12

= due to Claim Preclusion, NO, P CANNOT sue again on any other portion of that Claim

~Plaintiff only gets one bite at the apple (Claim)~

Question 13

Issue Preclusion

(and Aka?)

Answer 13

Aka. “Collateral Estoppel”

Issue Preclusion = precludes an ISSUE from being litigated again (the issue is estopped from being re-litigated) WHEN a 2nd lawsuit would involve…

1. an Issue that is the SAME as Prior Issue
2. the Prior Issue was actually litigated and decided, resulting in a JUDGMENT ON THE MERITS; AND
3. in the Prior Case, deciding the Prior Issue was a NECESSARY component of the final judgment

a

Question 14

For Collateral Estoppel, what does not count as a judgment on the merits?

Answer 14

for Issue Preclusion, these outcomes are NOT a judgment on the merits:

1. Settlement
2. Default Judgment

*thus, Issue Preclusion does NOT preclude Issues where the case ended in any of ^these ways

Question 15

For Issue Preclusion, when was an issue a necessary component of the judgment?

Answer 15

= for Issue Preclusion, an issue was a necessary component of the judgment when…

→ the Party against whom preclusion is asserted had a FULL & FAIR opportunityAND INCENTIVE to litigate the issue in the Prior Case

Question 16

On MBE, what’s an issue-spotting signal that the Q is about Collateral Estoppel?

Answer 16

typically, Collateral Estoppel involves 3 people → the Prior P, Prior D, plus a NEW P or D

(whereas Res Judicata typically involves 2 people - the same P and D as Prior Case)

Question 17

• Jon sues Bob. Jon loses.*
• Now, Jon wants to sue Fred.*
• Can Fred use Collateral Estoppel to prevent Jon from suing?*

Answer 17

= YES, this is a Defensive Use of Collateral Estoppel (i.e., Issue Preclusion)

PRIOR PLAINTIFF (Jon), NEW DEFENDANT (Fred)

→ ok b/c Fred is a New Defendant who’s using Collateral Estoppel to defend himself from suit by a Prior Plaintiff who had lost his suit against Prior Defendant

Question 18

• Jon sues Bob. Jon loses.*
• Now, Fred sues Bob.*
• Can Bob use Collateral Estoppel to prevent Fred from suing him?*

Answer 18

= NO, b/c it would violate New P (Fred)’s Due Process right to a day in court

Question 19

• Jon sues Bob. Jon wins.*
• Now, Fred wants to sue Bob.*
• Can Fred use Collateral Estoppel?*

Answer 19

= NO, this ‘offensive use’ of Collateral Estoppel (Issue Preclusion) is NOT allowed

Question 20

Facts say: There’s a Diversity SMJ case. Two different jurisdictions (usually 1 Federal JX, 1 State JX).

Question says:Which jurisdiction’s preclusion rule applies?

1. If the 1st Case was decided in Federal Court, which JX’s preclusion rule applies in the 2nd Case?
2. If the 1st Case was decided in State Court, which JX’s preclusion rule applies in the 2nd Case?

Answer 20

…if 1st Case was decided in Federal Court → for the 2nd Case, apply FEDERAL Preclusion Rule

…if 1st Case was decided in State Court → for the 2nd Case, apply whatever Preclusion Rule that State Court used

Question 21

Full Faith & Credit

Answer 21

= when a case has been adjudicated in a State, other States must respect that State’s judgment in that case