Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
10 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
Rule 19
|
Necessary and Indispensable Parties: P and D with a non-party around, which the court will force to be in the case.
1) Is A Necessary? CAR Harm MO (Can't Accord Relief, Harm, Multiple Obligations) 2) Is Joinder Feasible? 3) If Not Feasible, than... decide to either proceed without A or dismiss the case. |
CAR Harm MO
Harm JAE |
|
|
Law v. Equity
|
Law-damages
Equity-injunction |
|
|
|
Trial Motions
|
Rule 50
(a) Directed Verdict -Reasonable people couldn't disagree, Judge takes away verdict f/jury (b) Judgment withstanding Verdict -Judge takes away after the trial (c) Motion for a new trial -Some Mistake has occured |
50
|
|
|
General Rule for Res Judicata
|
Use the preclusion law of the law of the first case.
|
What state law
|
|
|
Test for Res Judicata
|
1) Same Parties
2) Final Judgment 3) Same Claim -Majority is T/O -Minority is different claims for each right violated (Property v. Personal Injury) |
Santa Clause Finally!!
|
|
|
Rule 41 (b)
|
A judgment is on the Merits unless jurisdiction, venue, indispensable parties, or sometimes statute of limitations
|
Judgment
Res Judicata |
|
|
Test for Collateral Estoppel?
|
1) Issue Essential to Judgment
2) Actually litigated 3) On a different cause of Action -only assert on a party in the first case |
LEA
|
|
|
Requirment for Mutuality
|
Party asserting CE has to be a party in the first suit. (both have to be parties in the first suit)
|
Collateral Estoppel.
|
|
|
Non-Mutual Collateral Estoppel
Offensive |
It allows the plaintiff to wait and see how the first suit comes out.
It's permissable in some jurisdictions if: 1) D had full chance to litigate in 1st 2) D could foresee multiple litigation subsequent to case 1 3) Not be unfair to D 4)Non-mutual plaintiff could not have easilty joined in 1st |
|
|
|
Non-Mutual Collateral Estoppel
Defensive |
A v. B
B v. C D in second case not a party in case 1. |
|
