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10 Cards in this Set

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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.
Harm JAE
Law v. Equity
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
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
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
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
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
A v. B
B v. C

D in second case not a party in case 1.