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20 Cards in this Set

  • Front
  • Back
Final Judgment Rule
An appeal is permitted only from a "final judgment" disposing of the case on the merits.
Exceptions to Final Judgment Rule
1) Cases with Multiple claims and parties, appeal can be taken on any final order on one or more of the claims.

2) A court of appeals may permit an appeal from an order of a district court granting or denying cert. of a class action.. Made within 10 days of the order.
Exception #1: A Collateral Order Doctrine
Allows an immediate appeal from a final order determining an important question that is collateral to the underlying merits
Exception #2: Death Knell Doctrine
No appeal of an interlocutory order
Exception #3: Statutory Exceptions
Immediate appeal from an interloculatory order granting, denying or modifying preliminary injunctive relief.
Exception #4: Writ of mandamus
Appellate court directs judge to perform his legal duty.

Writ of prohibition; order enjoining a judge from conduct that exceeds his lawful authority.
Res Judicata - Claim Preclusion
A valid and final judgment on the merits of a claim or cause of action precludes reassertion of that claim or cause of action in a subsequent action:
a. same parties or their privies
b. claims that should have been, but not raised in former case.
Full Faith and Credit Clause applies to former adjudication

Preclusion effect dates from time the decision becomes final.
Doctrine of Merger
If P asserts a second claim in subsequent suit that should have been asserted in the former litigation, second claim is merged in the prior judgment.
If judgment was for D, P is barred from reasserting the same coa in subsequent proceeding.
Res Judicata/ Affirmative Defense
Res Judicata is an affirmative defense to a claim and must be asserted in the answer or it is waived.
Res Judicata/ On the merits
Case Types
1) Default judgement
2) Invol. Dismissal
3) Compulsory Counter claims
4) Third party and cross claims
Collateral Estoppel; Issue Preclusion
Where a second lawsuit involves a different claim, the first judgment may be involved as to all issues which were actually litigated and determined in the first action.
Collateral Estoppel
1) Identical issue
2) Actually litigated and determined.
3) Necessarily Determined; facts essential to former judgment.
4) Full and fair opportunity to litigate; if no fair opp. in former case, will not apply.

Does not apply to:
a. Significant change in facts since prior judgment.
b. Two actions involve same or different parties.
Binding Res Judicata
Due Process Requirement; cannot bind someone who was not party or at least have notice and opportunity to be heard.
Binding Collateral Estoppel
Parties and privies; against adverse parties only , parties in subsequent suit must be adverse in hte former suit.
Invoke Collateral Estoppel
Mutuality Rule
Mutuality Rule: Judgement cannot be used against a lperson not party to the suit, in reverse, party cannot take advantage of the judgment.
Prior Judgment Used as a Sword
Offensive Use; Cannot permit a non-party to use a prior judgment to invoke collateral estoppel as a P in the subsequent suit.
Class Action;
1) Identifiable class
2) Numerosity
3) Commonality
4) Adequate representation
5) Class fits within 1 of 3 types.
a. Prejudice class action
b. Injunctive class action
c. Damages class action
Class Action Notice
Damage Class Action; Best notice practicable under circumstances
Class rep bears expense
Inform class of right to opt out.

SMJ; Diversity/ Citizenship of Rep.
Amt. in Controversy; All must meet, Supple Juris will cover those that do not meet.
Disfavored in federal court.
Due Process/ Notice
Due Process Standard must be met:
Notice must be given in a manner "reasonably calculated, under all circumstances, to apprise interested parties of the pendence of the action and afford then an opportunity to present their objections."