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16 Cards in this Set

  • Front
  • Back

What is an Offer of Judgment?

A formal celebate offer by D, which can made up to 14 days before trial.

What is the consequence of failing to accept an Offer of Judgment?


- If P fails to accept that offer within 14 days of its receipt, the P will sanctioned unless the P does BETTER than the offer at trial.


- Sanctions can include all of the other side's costs from the offer date

When will a Defendant suffer a default judgment?
If they fail to respond to the complaint in a timely manner.

How can a Defendant vacate a default judgment?


- File within a reasonable time of a judgment


- Will be granted LIBERALLY for good cause shown (in most courts a meritorious defense)

What is the time limit for a Relief from Judgment?

1 year after judgment

What are the four things that must be shown for a Relief from Judgment?

1. merit to claim or defense;


2. equity demands relief (e.g. fraud or perjury that taints judgment);


3. new facts which cast doubt on the judgment; AND


4. due diligence - despite your due diligence you could not discover the brand new facts until after the judgment.

When does Res Judicata (Claim Preclusion) apply? (2)


A claim which has been


1. fully and fairly mitigated


2. to a final judgment on the merits

When does Collateral Estoppel (Issue Preclusion) apply?(2)



An issue which has been


1. fully and fairly mitigated


2. to a final judgment on the merits

What is the general requirement for appellate review?


Only FINAL orders can be appealed to the appellate court.


Final - leaves nothing to be done in the lower court.

What are the two exceptions to the general requirement for appellate review?


1. Partial Final Order


2. Interlocutory Appeals

What is the Partial Final Order exception?

-Resolves some claims against some parties, but not all claims against all parties.


-Can be appealed if there is no just reason to delay appeal.

What are the three requirements for an Interlocutory Appeal?

both the trial court and the appellate court find:


1. Doubt as to whether or not the order was correct


2. Doubt as to a controlling issue of law; and


3. such that appellate review would materially advance the litigation

What is the time requirement for an appeal?

Within 30 days of the entry of the order or judgment being appealed.

What is the standard of review for a Question of Law?

De Novo - will be reversed on plain error standard

What is the standard of review for a Question of Fact?

Only reversed if clearly erroneous

What is the standard of review for a Question of Case Management?


Only reversed if lower court ABUSED its discretion.


- very deferential.