Appeal/ Doctrines Of Former Adjudication

Front 1

Final Judgment Rule

Back 1

An appeal is permitted only from a "final judgment" disposing of the case on the merits.

Front 2

Exceptions to Final Judgment Rule

Back 2

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.

Front 3

Exception #1: A Collateral Order Doctrine

Back 3

Allows an immediate appeal from a final order determining an important question that is collateral to the underlying merits

Front 4

Exception #2: Death Knell Doctrine

Back 4

No appeal of an interlocutory order

Front 5

Exception #3: Statutory Exceptions

Back 5

Immediate appeal from an interloculatory order granting, denying or modifying preliminary injunctive relief.

Front 6

Exception #4: Writ of mandamus

Back 6

Appellate court directs judge to perform his legal duty.

Writ of prohibition; order enjoining a judge from conduct that exceeds his lawful authority.

Front 7

Res Judicata - Claim Preclusion

Back 7

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.

Front 8

Doctrine of Merger

Back 8

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.

Front 9

Bar

Back 9

If judgment was for D, P is barred from reasserting the same coa in subsequent proceeding.

Front 10

Res Judicata/ Affirmative Defense

Back 10

Res Judicata is an affirmative defense to a claim and must be asserted in the answer or it is waived.

Front 11

Res Judicata/ On the merits
Case Types

Back 11

1) Default judgement
2) Invol. Dismissal
3) Compulsory Counter claims
4) Third party and cross claims

Front 12

Collateral Estoppel; Issue Preclusion

Back 12

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.

Front 13

Collateral Estoppel
Pre-Requisites

Back 13

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.

Front 14

Binding Res Judicata

Back 14

Due Process Requirement; cannot bind someone who was not party or at least have notice and opportunity to be heard.

Front 15

Binding Collateral Estoppel

Back 15

Parties and privies; against adverse parties only , parties in subsequent suit must be adverse in hte former suit.

Front 16

Invoke Collateral Estoppel
Mutuality Rule

Back 16

Mutuality Rule: Judgement cannot be used against a lperson not party to the suit, in reverse, party cannot take advantage of the judgment.

Front 17

Prior Judgment Used as a Sword

Back 17

Offensive Use; Cannot permit a non-party to use a prior judgment to invoke collateral estoppel as a P in the subsequent suit.

Front 18

Class Action;

Back 18

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

Front 19

Class Action Notice

Back 19

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.

Front 20

Due Process/ Notice

Back 20

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."