Civ Pro III post midterm

Question 1

Claim Preclusion (Res Judicata)

Answer 1

Res Judicata bars a second suit that arises from the same transaction, incident, or factual circumstances of the first suit. This occurs when the following are involved:

1. The same claim (as determined by the same transaction or occurrence test) was or should have been litigated in the first suit.
2. The same parties or the parties are in privity.
3. There is a final judgment
4. On the merits
5. The parties had a fair and reasonable opportunity to litigate their claim.

Question 2

Issue Preclusion (Collateral Estoppel)

Answer 2

Bars relitigation of a factual issue when:

1. Two cases involve the same issue
2. The issue was actually litigated in the first case
3. The court in the first case actually decided the issue.
4. The ruling on the issue was necessary to the judgment rendered by the court in the first case.

Question 3

FRCP 50(a) - Judgment as a matter of law

Answer 3

A JMOL motion must be raised during trial and renewed post-verdict.

A JMOL will only be granted if there is insufficient evidence for a reasonable jury to find for the non-moving party. The analysis must include an evaluation of the Plaintiff’s evidence.

(a)Judgment as a Matter of Law
(1) If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may:
(A) resolve the issue against the party; AND
(B) grant a motion for judgment as a matter of law against the party or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.
(2) A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.

Question 4

FRCP 50(b)

Answer 4

No later than 28 days after the entry of judgment, or if the motion addresses a jury issue not decided by a verdict and no later than 28 days after the jury was discharged, the movant may file a renewed motion for JMOL and may include alternatively or a joint request for a new trial under FRCP 59. In ruling, the court may:

1. allow judgment on the verdict (if decided)
2. order a new trial
3. direct the entry of JMOL.

Question 5

Remittitur

Answer 5

A trial court can offer the verdict-winner a reduction in the jury award in exchange for the court’s denial of a motion for a new trial when it determines that the jury award is excessive.

There is a strong presumption in favor of affirming a jury award of damages. To overturn, there must be a clear showing of excessiveness or a showing that the jury was influenced by passion or prejudice.

Question 6

Additur

Answer 6

Courts can NOT offer an increase in the size of the verdict if it finds it is inadequate. The court’s only option is to order a new trial.

Question 7

13th Juror Rule

Answer 7

When the verdict is against the great weight of the evidence, If the judge believes that the jury made a mistake in its verdict, she can grant a new trial. The judge is not required to view the evidence in the light most favorable to the verdict-winner; she is free to weigh the evidence herself including an assessment of credibility.

Question 8

Clearly Erroneous Standard of Review

Answer 8

Under this standard of review, the appellate court gives great deference, assuming that the trial court’s findings are correct unless it is demonstrated otherwise.

Question 9

1292(b)

Answer 9

1. issue for which immediate appeal is sought must be “controlling”
2. issue must involve a Q of law
3. there must exist substantial ground for difference of opinion on the issue of law.
4. resolution of the issue must materially advance ultimate termination of the case.

Question 10

Avoiding review by US Supreme Court

Answer 10

“adequate and independent state ground doctrine” - the decision rests upon a bona fide, separate, and aqequate and independent state ground.

Question 11

Showings required to prevail on relief from default judgment based on alleged “mistake, inadvertence, surprise, or neglect”

Answer 11

1. good cause for default
2. prompt action to correct default
3. the existence of a meritorious defense to the original action