Set 3 Flashcards
What is the most immediate way for relief to be avoided?
Move for a new trial
What is the proper context to use a JMOL?
When arguing
1) evidence presented is so 1 sided
2) mover is entitled to JMOL
What are the mistakes a motion for relief from judgement allow?
Usually like
1) allowing a default judgement to be entered
2) judicial mistakes in the entry itself
What are not treated as errors under a relief from judgementt?
Judicial errors like admitting evidence improper;y
What is a relief from judgement grounds in criminal civil law?
Relief from civil judgement
2) if criminal case it was based on
3) was reversed and vacated
How much notice are you required to have at least if you appear in an action and are facing a default judgement?
At least 7 days.
When can a trial judge’s finding of fact be set aide
When they are clearly erroneous
What must a judge do when a case is tried to the court?
1)find the facts specially
2) and state conclusions of law seperately
In relation to proposed findings and closuions, what is a judge required to do?
Nothing
What does claim preclusion prevent?
A claimant from splitting his cause of action.
When a claimant loses a judgement, what does claim preclusion bar?
All possible grounds for relief
2) arising out of the same transaction or occurrence
Although claim preclusion typically operates to prevent relitigation, what else may it protect?
Entities that are in privity with already decided claims.
When is the defense of issue preclusion utilized?
When claim preclusion has failed
What must a federal court give a state court verdict?
Full faith and credit by giving effect rendering state would give.
Because fed courts must give full faith and credit of a state court juris., what does that mean to a litigant who was dismissed with prejudice in state court seeking to bring it in federal?
Fed court must give it the same preclusive effect as it would have in state court.
What is dismissal for failure to operate?
Generally an adjudication on the merits.
What must a trial court/Appellate court do for an interlocutory appeal to go forward?
1) Trial court must certify it’s appropriate for appeal
1) appellate court must agree to take it
Which court is empowered to determine an interlocutory appeal is appropriate for appellate review?
The district court.
What is a collateral order?
A final determination
2) of a matter
3) separate from the rights
4) asserted in an underlying action
When will a court not enter a final judgement over a resolved issue in a case?
When there is overlap between resolved and unresolved claims
2) so as to avoid appellate duplication
When is appeal allowed under the final judgement rule?
When there is a final judgement
2) on the meris
3) of the entire action
Can a party ask a court to certify a final judgement as to an unresolved claims? When?
Yes
1) when it is separate and distinct
2) from the unresolved claims
3) and does not over lap between state and federal
Why is evidence within the trial courts discretion?
It requires an understanding of the entire case/factual context in which it’s being offered
