Post Trial Procedure

Question 2

Final Judgment

Answer 2

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

Question 3

Interlocutory Orders

Answer 3

An interlocutory order is a trial court order that is typically considered nonfinal because it is issued while a case is ongoing.

Question 4

Writ of Mandamus

Answer 4

A petition for a writ of mandamus is a request that a higher court direct a lower court to do or refrain from doing something because of exceptional circumstances (e.g., unlawful exercise of jurisdiction).

Question 5

Full Faith and Credit

Answer 5

Article IV, Section 1 of the U.S. Constitution provides that “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” The clause is invoked primarily to enforce the judgment of one state court in another state.

Question 6

Doctrine of Claim Preclusion (Res Judicata)

Answer 6

The doctrine of claim preclusion (res judicata) bars successive litigation of an identical claim in a subsequent action when:

1. There is a valid final judgment on the merits; and
2. The original and subsequently brought claims are sufficiently identical.

Question 7

Voluntary Dismissal Without Prejudice

Answer 7

A voluntary dismissal without prejudice expressly 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 8

Voluntary Dismissal With Prejudice

Answer 8

A voluntary dismissal with prejudice is treated as a judgment on the merits and will have a preclusive effect in the court that issued the order of dismissal.

Question 9

Issue Preclusion (Collateral Estoppel)

Answer 9

The doctrine of issue preclusion (collateral estoppel) 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.