Verdicts & Judgments Flashcards
1
Q
default judgment
A
a default judgment will have a preclusive effect if the court had jursidiction (SMJ + PJ)
2
Q
varying effects of preclusion
A
states vary as to effect of preclusion a default judgment is given, BUT:
- a state court mUST give a judgment in a federal diversity action the same effect it would give a state court judgment
- a default judgment bars a party from asserting compulsory counterclaims that could have been raised in the OG action
