Ch 9: Post-Trial Procedure

Question 1

What does Rule 60(a) allow a court to do?

Answer 1

Correct a clerical or other mistake resulting from oversight or omission in a judgment or order

An example includes correcting a judgment amount from $10,000 to $100,000.

Question 2

Under what circumstances can a court correct a judgment under Rule 60(a)?

Answer 2

On motion by a party or on its own initiative, with or without notice

Corrections can only be made with leave of the appellate court if an appeal has been docketed.

Question 3

What are the grounds for relief under Rule 60(b)?

Answer 3

• Mistake, inadvertence, surprise, or excusable neglect
• Newly discovered evidence
• Fraud, misrepresentation, or misconduct
• Void judgment
• Judgment satisfied, released, or discharged
• Judgment based on reversed or vacated judgment
• Judgment violates equity if applied prospectively
• Other reason justifying relief

Question 4

What is the time limit to file for relief under Rule 60(b) for most grounds?

Answer 4

Within a reasonable time, but no later than one year following the entry of the judgment or order

Question 5

What can a court do if a motion for relief is made during the pendency of an appeal?

Answer 5

• Defer the motion
• Deny the motion
• State it would grant the motion upon remand

Question 6

What is fraud on the court as defined in Rule 60(d)?

Answer 6

Fraud that seriously affects the integrity of the normal process of adjudication

Includes egregious misconduct like bribery or fabrication of evidence.

Question 7

What is the definition of a final judgment under § 1291?

Answer 7

A decision by the court on the merits that leaves nothing for the court to do but execute the judgment.

Question 8

What is an interlocutory order?

Answer 8

A trial court order that is considered nonfinal and issued while a case is ongoing.

Question 9

Which interlocutory orders are immediately appealable as of right?

Answer 9

• Order granting, modifying, refusing, or dissolving an injunction
• Order appointing or refusing to appoint a receiver
• Decree determining rights and liabilities in admiralty cases

Question 10

What is the collateral-order doctrine?

Answer 10

Allows a court of appeals to hear a district court order if it conclusively determines a disputed question, resolves an important issue separate from the merits, and is effectively unreviewable on appeal from a final judgment.

Question 11

What is a petition for a writ of mandamus?

Answer 11

A request for a higher court to direct a lower court to do or refrain from doing something due to exceptional circumstances.

Question 12

What is the standard deadline for filing a notice of appeal after a judgment in a civil case?

Answer 12

30 days after the judgment or order being appealed is entered.

Question 13

What is the standard of review for a trial court’s factual findings?

Answer 13

Clearly erroneous standard.

Question 14

What does de novo review mean?

Answer 14

Appellate court reviews legal rulings without deference to the trial court’s legal conclusions.

Question 15

What standard is applied to discretionary rulings by a trial court?

Answer 15

Abuse of discretion standard.

Question 16

What must a party do to preserve a challenge to the sufficiency of evidence for appeal?

Answer 16

• Properly renew a motion for directed verdict
• Raise a motion for a new trial

Question 17

What does the Full Faith and Credit Clause require regarding state judgments?

Answer 17

A judgment must receive the same effect in other states as in the state where it was rendered if there was proper jurisdiction and notice.

Question 18

What can a party do if they want to challenge the enforcement of a judgment based on lack of jurisdiction?

Answer 18

Collaterally challenge the original state judgment if the jurisdictional issues were not litigated or waived.

Question 19

Under what conditions must federal courts give full faith and credit to state-court judgments?

Answer 19

The same rules apply as for state courts regarding valid judgments and proper notice.

Question 20

How does federal law govern the preclusive effect of a judgment from a federal court sitting in diversity?

Answer 20

It must be governed by the law of claim preclusion of the federal court’s forum state unless incompatible with federal interests.

Question 21

What governs the preclusive effect of a judgment by a federal court sitting in diversity?

Answer 21

The law of claim preclusion of the federal court’s forum state unless incompatible with federal interests.

This is based on the principle that state law typically dictates the preclusive effect of judgments in federal courts when exercising diversity jurisdiction.

Question 22

What governs the preclusive effect of a prior state-court judgment when a federal court has federal question jurisdiction?

Answer 22

The law of that state under the Full Faith and Credit Clause.

This means that state court judgments maintain their preclusive effects even in federal courts.

Question 23

What are the three requirements for claim preclusion (res judicata)?

Answer 23

• Valid final judgment on the merits
• Original and subsequently brought claims are sufficiently identical
• Same parties in both actions

Question 24

What does ‘valid’ mean in the context of a final judgment?

Answer 24

The court had both personal and subject matter jurisdiction and the defendant had proper notice and an opportunity to be heard.

Question 25

What must a judgment be in order to be considered 'final'?

Answer 25

There is nothing further for the court to do but order entry of judgment.

Question 26

What does 'on the merits' imply regarding a judgment?

Answer 26

The decision was made considering the merits of the claim or defense, rather than on technical grounds.

Question 27

What is a voluntary dismissal without prejudice?

Answer 27

It reserves a party’s right to sue again on the same claim in the same court if the statute of limitations has not expired.

Question 28

What is a voluntary dismissal with prejudice?

Answer 28

It is treated as a judgment on the merits and has a preclusive effect in the court that issued the order of dismissal.

Question 29

What constitutes an involuntary dismissal?

Answer 29

An involuntary dismissal on nonjurisdictional grounds will constitute an adjudication on the merits.

Question 30

What happens when a dismissal is made for lack of jurisdiction?

Answer 30

It is without prejudice because a court that has no jurisdiction cannot adjudicate a matter on the merits.

Question 31

What is the effect of a federal court's judgment with diversity jurisdiction?

Answer 31

A state court must give that judgment the same claim-preclusion effect that it would have been given by the courts of the state where the federal court was located.

Question 32

What is the general rule regarding preclusive effect of divorce decrees?

Answer 32

A divorce decree must generally be given a preclusive effect as long as the court had jurisdiction.

Question 33

What is required for claims to be considered 'sufficiently identical' for claim preclusion?

Answer 33

Claims must be sufficiently identical based on a transactional approach barring subsequent claims arising from the same transaction.

Question 34

What factors determine what constitutes a transaction or series of transactions?

Answer 34

* Relatedness in time, space, origin, or motivation * Convenience as a trial unit * Conformance to parties’ expectations

Question 35

For claim preclusion to apply, what must be true about the parties involved?

Answer 35

The claimant and the defendant must be the same (and in the same roles) in both the original and subsequently filed actions.

Question 36

What is the doctrine of issue preclusion (collateral estoppel)?

Answer 36

It precludes the relitigation of issues of fact or law when the same issue was already litigated and necessarily determined in an earlier final, valid judgment.

Question 37

Does issue preclusion require strict mutuality of parties?

Answer 37

No, it requires only that the party against whom the issue will be precluded was a party to the original action.

Question 38

What are the exceptions to the general rule against nonparty preclusion?

Answer 38

* Agreed to be bound by a judgment * Substantial legal relationships * Adequately represented by someone with the same interests * Assumes control over the case * Using a proxy to relitigate * Special statutory schemes

Question 39

What must be true for an issue to be precluded under issue preclusion?

Answer 39

* Same issue * Actually litigated * Final, valid judgment * Essential to the judgment

Question 40

Can issues decided under a court’s equitable power be precluded from relitigation?

Answer 40

Yes, if all requirements for collateral estoppel are met.

Question 41

Are issues determined in a criminal prosecution in favor of the prosecution preclusive in a civil action?

Answer 41

Yes, based on the same conduct involved in the criminal prosecution.

Question 42

Are issues determined in a criminal prosecution in favor of the defendant preclusive in a civil action?

Answer 42

No, because the plaintiff in the civil action was not a party to the criminal prosecution.

Question 43

What can a court correct on motion by a party or on its own initiative?

Answer 43

A clerical or other mistake ## Footnote Courts have the authority to amend errors in judgments.

Question 44

Within what time frame can a court relieve a party from a final judgment?

Answer 44

No later than one year following the entry of judgment ## Footnote This relief can be based on specific grounds such as mistake or newly discovered evidence.

Question 45

List three grounds for relief from a final judgment.

Answer 45

* Mistake, inadvertence, surprise, or excusable neglect * Newly discovered evidence that could not have been discovered previously * Fraud, misrepresentation, or misconduct by an opposing party.

Question 46

When must a notice of appeal be filed?

Answer 46

Within 30 days after the judgment or order being appealed is entered.

Question 47

What is the final-judgment rule?

Answer 47

Federal appellate courts generally have jurisdiction to hear appeals from a final judgment that fully resolves the dispute.

Question 48

What can a district court do in cases with multiple claims or parties?

Answer 48

Direct entry of a final judgment as to fewer than all claims or parties if there is no just reason for delay.

Question 49

What is required for a court of appeals to permit an appeal of an interlocutory order?

Answer 49

The district court must certify in writing that the order involves a controlling question of law with substantial ground for difference of opinion.

Question 50

True or False: Most interlocutory orders are immediately appealable.

Answer 50

False.

Question 51

What is the collateral-order doctrine?

Answer 51

A court of appeals can hear a challenge to a district court order that conclusively determines a disputed question and is effectively unreviewable on appeal from a final judgment.

Question 52

What is a writ of mandamus?

Answer 52

An appellate court's immediate review of an order of a lower court that is an abuse of judicial authority.

Question 53

What are the standards of review for appellate courts?

Answer 53

* Conclusion of law * Jury instructions * Legal issue * Fact issue * Discretionary ruling * De novo * Clear error * Abuse of discretion * Substantial evidence.

Question 54

What is claim preclusion also known as?

Answer 54

Res Judicata.

Question 55

What is issue preclusion also known as?

Answer 55

Collateral Estoppel.

Question 56

What is required for claim preclusion to apply?

Answer 56

* Valid final judgment on the merits * Identical claims * Identical parties.

Question 57

What must be true for issue preclusion to apply?

Answer 57

* Valid final judgment on a litigated and essential issue * Identical issues. ## Footnote The issue must have been a necessary component of the judgment.

Question 58

Fill in the blank: The claim in the second suit is precluded by prior adjudication if _______.

Answer 58

[the inquiry ends].

Question 59

What roles do mutual and nonmutual parties play in issue preclusion?

Answer 59

* Mutual = asserted by a party to the first action * Nonmutual = asserted by a nonparty to the first action.