Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key


Play button


Play button




Click to flip

113 Cards in this Set

  • Front
  • Back
What is general jurisdiction?
D must have substantial, systematic, continuous contacts with forum state.

Individual - Domicile
Corporation - PPB or Place of incorporation
What is fairness?
Traditional notions of fair play and substantial justice.
What are the fairness factors?
1. Burden on D
2. Interest on forum state
3. P's interest
4. Interstate judicial systems interest in efficient resolution of disputes.
5. Public policy (catch all)
Statutory limitations on jurisdiction
They are statutory limits to personal jurisdiction. Long arm statutes say that just because exercise of jx over person satisfied due process doesn't mean it is permissible.
What does the Kansas long arm statute say?
Need to use for non-residents if can't serve in state. Jx if cause of action arises out of:
1) Transaction of any business within Kansas
2) A tort in Kansas
3) Ownership, use or possession in KS
4)Contracting to insure in KS
5) K w/KS resident to be performed in KS
6) Acting as a director, manager or officer of a Corp. incorporated in KS or PPB in KS
7)Causing injury in KS with out of state D, if D solicited in KS or products were used in KS in the ordinary course of trade
8)Living in a marital relationship in KS if other party still resides in KS
9) Insuring any person for an act resulting in judgment in KS
10)Sexual intercourse within KS if the claim is for parentage or child support and the other party still resides in KS
11) Contracting with KS corp. about transp. or communications services managed or operated in KS.
What does the federal long arm statute say?
If state court would have jx based on its long arm statute, then federal courts do too.
If a federal court does not have jurisdiction using the state's long arm statute, can a federal court nevertheless assert jx?
Yes, through:
1) Bulge rule: If D is joined by impleader or as necessary arty, federal ct has personal jx if service is done within 100 miles of courthouse

2) Per specific federal statutes

3) in federal cases, if no state works any federal court if aggregate contacts suffice for due process
SERVICE OF PROCESS: How do we give D a proper notice of lawsuit?
As with personal jx, two dimensions:
1) Constitutional: reasonably certain to inform parties

2) Rule/statute in KS
SERVICE OF PROCESS: How can you serve process in Kansas?
1) Service on individual: (i) by mail with return receipt (ii) on written request to clerk: personal service, (iii) on written request to clerk: residential service, leave summons at home with person of suitable age and discretion.

2) On corporation: same as above, to: (i) officer or agent (ii) person in charge of any business office.
SERVICE OF PROCESS: What is the time limit for service of process in Kansas?
Within 90 days of filing the complaint.
SERVICE OF PROCESS: What is the effect of the statute of limitations in Kansas?
SOL are met as long as case is filed on time, as long as service is done within 90 days of filing the complaint.
SERVICE OF PROCESS: What happens if service is done within the allowed time but is later deemed defective?
Plaintiff has 90 more days to serve and still be within the SOL (if served in good faith)
SERVICE OF PROCESS: How can you serve process in federal court?
1) Service of individual: (i) any way approved by the state court (or where service is done ) (ii) personal service (iii) leave summons at home iwth person of suitable age and discretion (iv) service on agent of D.

2) Corporation: (i) any way approved by state court or where service is done (delivering to officer/agent of corp.

3) Waiver of service (usually by regular mail)
SERVICE OF PROCESS: What are the reasons for D to waive service in federal court?
1) I doesn't waive, court will impose costs of service unless good cause for refusal

2) D will have 60 days to file answer instead of 20 days
SERVICE OF PROCESS: What is the time limit for service of process in fed. ct?
Within 120 days of filing complaint. Note: SOL are met if case is filed on time, even if service is not done until later.
VENUE: What is venue?
Non-constitutional issue of whether federal district of Kansas county that Plaintiff chose is an appropriate one.
VENUE: Can venue be waived?
Yes, improper venue is waived if not raised y a Defendant.
VENUE: Where will venue lie in Kansas?
1) Actions against KS residents venue lies in counties where: (i) D resides (ii) P resides (if D is served there) (iii) D has business or employment (if D is served in this county.

2) Against Non-residents: (i) county where cause of action arose (ii) where P resides (iii) if D is served in that county (iv) D is transacting business in that county.

3) Corporations: (i) where cause of action arose (ii) Ds registered office is in county (iii) D transacts business in that county (if P resides there)
VENUE: Where will venue lie in federal court?
3 ways:

1) If all of the Ds reside in same state then a district where any D resides is OK

2) Any district where a substantial part of the event occurred.

3) If neither of the above 2 give you a place of venue, then where any D is subject to personal jx, venue is OK.

A corporation resides in any district (state) in which it is subject to personal jx
VENUE:What is transfer?
Moving the case from one district/county to another one.
VENUE: When is transfer appropriate?
1) For convenience (keep same substative law of transferor forum)

2) Curing a venue defect (apply new forum's subst. law)

3) Cure a subject matter jx defect (from specialized fed. ct to district ct.)
VENUE: When is transfer appropriate in Kansas?
1) Because cannot get fair rial in county were brought

2) By stipulation of parties and court and sup. court.
VENUE: What is forum non-conveniens in fed. ct?
When ct. thinks another country is a more appropriate forum.
VENUE: What is forum non-conveniens in Kansas?
When ct. thinks that another state or another country is more appropriate forum.
Is about the type of case, not geography.
SUBJECT MATTER JURISDICTION: Where do Kansas courts have subject matter jurisdiction?
Easy. District courts in each county of Kansas have general original SMJ over all matters, unless otherwise provided.
SUBJECT MATTER JURISDICTION: Where do federal courts have subject matter jurisdiction?
Limited based on Art. III:
1) diversity
2) federal question

SMJ CANNOT be waived
SUBJECT MATTER JURISDICTION: What is the federal question requirement?
District courts have original jurisdiction of all civil actions "arising under" federal law, US Constitution, or treaties.
SUBJECT MATTER JURISDICTION: How do you decide if action arises under federal law?
Usually P's cause of action must be created by federal law.

Exception: if cause of action created by state law implicate significant federal issues, case may arise under federal law.
SUBJECT MATTER JURISDICTION: What is the well pleaded complaint rule?
In deciding whether "arises under" consider only Ps complaint.

Do not consider Ds answer or any defenses D might have. Do not consider Ps anticipation of Ds answer or defenses.
SUBJECT MATTER JURISDICTION: What do you need to meet the diversity jurisdiction requirement?
1) Complete diversity

(i) Complete diversity is destroyed if any P is citizen of the same state as D
(ii) Not destroyed by foreign
parties on either side

or complete alienage

(i) destroyed if foreign P and foreign D
(ii) destroyed if US P and US D

2) Amount in controversy over $75K
SUBJECT MATTER JURISDICTION: How do you determine citizenship for the diversity requirement?
1) Individual: domicile = (1) physical presence plus (2) intent to stay

2) Corporation (1) any state in which incorporated; also (2)state of ppb. (decisions place or assets)
SUBJECT MATTER JURISDICTION: What are the factors considered for the 75K requirement?
1) Must exceed 75K (in good faith on allegations or complaint not actual result, interest and cost not included, if equitable rlief, courts attempt to value)

2) aggregation
a) single P may aggreg. all claims v. single D
b) single P may not aggreg. claims v. multiple Ds unless joint liability theory
c) multiple Ps v. single D may not aggreg. claims unless Ps are seeking to enforce joint interest.
d) Ds counterclaim cannot be aggregated with Ps claim.
SUBJECT MATTER JURISDICTION: What is supplemental jurisdiction?
This one depends on diversity or federal question. First needs original jurisdiction over one claim.

Then court has supplemental jurisdiction over all other claims that are so related that they form part of the same case or controversy.

Suppl. Jx cannot be used to circumvent complete diversity
SUBJECT MATTER JURISDICTION: If a plaintiff from state A brings an action against a defendant from state B based on a federal question and later joins a D from state A, is there supplemental jx?
Yes, because the claim arose out of a federal question so complete diversity is not necessary.
SUBJECT MATTER JURISDICTION: If multiple Ps join diversity suit in federal court, do all need to have claims exceeding 75k?
No, as long as one P has claim over $75K, other Ps with smaller claims can join as long as they meet the same case or controvesy requirement.

Still needs the complete diversity requirement.
SUBJECT MATTER JURISDICTION: Can the federal court nevertheless decline supplemental jx?
Yes, if:

1) New claim raises novel or complex issues of state law

2) New claims substantially predominates over claims for which original jx exists.

3) Court has already dismissed claims for which original jx exists.

4) Other compelling reasons
SUBJECT MATTER JURISDICTION: When does removal occur?
Depends on diversity or federal question and it occurs when the case starts in state court and D decides that he wants to have it in federal ct. If more than one D all have to agree.

You can remove when the case could have been brought by the P in federal court.

Counterclaim cannot be the basis for removal.
SUBJECT MATTER JURISDICTION:Where does a case get removed to?
To the federal court for the district where the state case is pending.
Within 30 days of when you first ascertain that the action is removable.

If basis for removal is diversity, then there is an absolute 1 year limit after filing of complaint.
SUBJECT MATTER JURISDICTION: What if P thinks that the case was wrongly removed?
Move to remand within 30 days of removal, but if basis for remand is lack of SMJ, anytime.
SUBJECT MATTER JURISDICTION: What is the difference between removing a case based on a federal question and removing a claim based on diversity?
1) Fed. question cases can be removed regardless of citizenship of parties

2) Diversity cases can be removed only if D is not citizen of forum state.
PLEADING: What is necessary to file a proper complaint?
1) Statement of Jx (KS NO)

2) Short and plain statement of the claim showing that the pleader is entitled to relief (Fed.&KS)

3) Demand for judgment (ks & fed.) in KS if asking for less than $75K they don't need the amount, if asking for more than 75K, say so w/o specifying; if asking for punitives must get leave of court.
PLEADING: What is certification?
The idea that everything you put in the complaint has a reason for being there. You as an atty represent that you have done a reasonable inquiry that:

1) Not for improper purpose
2) Legal contentions are warranted by existing law.
3) Facts are warranted
4) Denial of facts is warranted
PLEADING: What happens if you violate the certification requirement?
Get sanctions imposed including 1) atty's fees and expenses 2) nonmonetary directives (CLEs)
PLEADING: How does a violation of the certification requirement occur procedurally?
1) Ct can raise issue sua sponte
2) Party has to serve motion to opponent 21 days before filing motion (fed) Kansas has no safe harbor, you can just file.

If court finds violation:
Fed: court may impose sanctions
KS: court shall impose sanctions

Fed & KS: Sanctions go against attorney, party (not for legal stuff.)
Fed: Attorney's firm
PLEADING: How do you answer a complaint?
a) Answer by:
1) Deny 2) Admit or DLK (Deny lack of knowledge)

b) Raise affirmative defense (SOL, etc)

c) May add counterclaim, cross-claim
PLEADING: What is a compulsory counterclaim?
D must raise CC that arises out of the same transaction or occurrence.
PLEADING: What is a permissive counterclaim?
Any claim, even not related to the same transaction or occurrence.
PLEADING: What is a cross claim?
A permissive cross claim as long as the CC arises out of the same transaction or occurrence. No unrelated CC permitted.
PLEADING: What is a pre-answer motion?
1) Failure to state a claim (you don't waive it if don't make at the beginning)
2) Lack of SMJ (never too late to raise, even on appeal, can be waived)
3) Lack of personal jx (waived if not raised at 1st chance)
4) Improper venue (waived if not raised at 1st chance)
5)Insufficiency of service of process (waived if not raised)
6) Failure to join a necessary party (waived if not raised)
PLEADING: What are pleadings?
1) Complaint (fed.) Petition (KS)
2. Answer
3. Reply (D's answer to complaint)
4. Answer to cross-claim
5. 3rd party complaint (fed) 3rd party petition
6. Answer to 3rd party complaint
PLEADING: Can you amend a complaint?
Yes, once freely before answer is served.
PLEADING: Can you amend your answer?
Yes, once freely within 20 days of service.
PLEADING: If there is no free amendment, can you amend?
Yes, but need consent of parties or leave of court (when justice requires, unless delay, bad faith, undue prejudice or futility.
PLEADING: What is the most common problem with futility in amendments of pleadings?
The statute of limitations, if amended complaint would be time barred, will need to relate back to the earlier date or original complaint.

Amended complaints relate back if the new claim arises from same transaction or occurrence or conduct as claim in original complaint.
PLEADING: What if amended complaint tries to bring in a new defendant?
Then additional requirements:
1) D must have had notice of original complaint
2) But for mistake in identity the D would have sued the D originally

Idea behind it is that it is not fair to bring in D who was thinking that SOL had passed and did not know of suit against wrong D.
DISCOVERY: What are the initial disclosures that a party has to make in federal court?
Fed. ct. requirement where party must disclosure information they will use within 14 days of initial conference between parties, such as:
1) Name/address/phone for each witness that will be used at trial
2) Copy of description of doct. and things
3) Computation of damages claimed
4) Copy of ins. agreement

Parties have a continuing duty to supplement or correct as needed.
DISCOVERY: What is the general standard for whether info is discoverable?
1) Not privileged
2) Relevant to a claim or defense of any party
3) Need not be admissible at trial as long as it's reasonably calculated to lead to admissible evidence.
DISCOVERY: What is the work product privilege?
Not discoverable work products:

1. Can be the product of a lawyer or party or other representatives of the party

2. To be protected, product has to be prepared in anticipation of litigation or for trial
DISCOVERY: Are work product documents and tangible things discoverable?
YEs, only if
1) Party has substantial need for materials, and

2) Party is unable without undue hardship to obtain the substantial equivalent through other means
DISCOVERY: Are mental impressions discoverable?
No, even if party meets standard for documents and tangible things, court will order that documents be redacted to remove mental impressions. Mental impressions will be edited out.
DISCOVERY: What if the party from whom info is requested considers that the discovery causes an undue burden or expense, annoys, embarrasses or oppresses him?
Party should move for a protective order.

Fed Ct. In so moving, party must certify in good faith that he tried to resolve issue with other party.
DISCOVERY: What is the mandatory discovery requirement for discovery about experts?
At least 9- days before trial, must disclose:

1) Identity of any person to be used as expert

2) Written report of complete statement of opinions to be expressed by expert and basis for opinion (Fed. ct. also needs a list of publications, compensation and past cases testified in)
DISCOVERY: Can experts be deposed?
1) Yes, parties may depose opponent's testifying experts after report is provided

2) Parties may depose non testifying experts only:

a) Regarding physical or mental exam

b) Showing of exceptional circumstances making it impracticable to obtain facts or opinions on the same subject by other means
DISCOVERY: Explain interrogatories as a method of discovery?
1) Only to parties
2) Party must respond with answers or objections within 30 days
3) Fed. no more than 25 interrogatories
4) Parties may use to the extent permitted by rules of evidence
DISCOVERY: Explain depositions as a method of discovery
1) Usually oral but can be written

2) Only to parties, but may subpoena non parties to take their depo

3) Corporations: requesting party describes the topic and corp,. designates person to testify.
DISCOVERY: Can objections be used at depositions?
Yes, stated for the record but deponent answers anyway, unless:

1) preserving a privilege
2) enforcing limitation ordered by court
3) presenting motion that opponent is using bad faith (which means risking opponent's attys fees if lose)
DISCOVERY: What are the federal limits imposed on depositions?
No more than 10 depositions by each party unless leave of court

One depo is one day of seven hours.
DISCOVERY: How can a party use depositions at trial?
Need live witness to testify, not depo transcript except:

1. To impeach the deponent
2. Deposition of a party
3. Witness is dead or unavailable then we allow transcript
DISCOVERY: How can a party make a request for production of documents?
1. Only to parties but can get non parties to produce docts through subpoena.

2. Often in conjunction with deposition: duces tecum

3. Kansas: special rule re: subpoenaing business records of non-party:

a) Must notify other party of your intent to subpoena the recs 10 days before issuing subpoena

b) If a party objects, subpoena will not issue w/o leave of court

c) If no party objects, non party has 14 days in which to respond or object

4) Party must respond within 30 days

5) must produce docts as they are kept in the usual course of business or organized to correspond with categories of request.
DISCOVERY: Can a party request a physical or mental examination?
1. Yes, only available to parties.

2. Physical or mental state must in controversy.

3. Court must order for good cause

4. Party examined has right to get written report of examiner (but in doing so, the party waives the privilege with respect to his own doctor)
DISCOVERY: What is a request for admission?
You ask the other party to admit something, once admitted that conclusively establishes that point:

1. It's only available to parties
2. Party must respond within 30 days and if not, they are deemed to have admitted it.
3. If party fails to admit, and that things ends up being true, he will be required to pay reasonable expenses or atty's fees.
ENDING LITIGATION WITHOUT TRIAL: What is a default judgment?
Situation in which the plaintiff files and serves the complaint and nothing happens after that. Any other failure to defend at a later stage can also result in a default judgment.

Is treated as admitting each of the plaintiff's allegations
ENDING LITIGATION WITHOUT TRIAL: What are the mechanics for default?
P goes to clerk for entry of default (notation of docket)
a) based on Ps affidavit that D failed to defend

b) D can have entry set aside for good cause
ENDING LITIGATION WITHOUT TRIAL: When as a plaintiff can you get a default judgment from the clerk?
In fed. court you can get default judgment from the court only if three reqs. are met:

1. Ps claim has to be for a sum certain (usually in K cases), and

2. D has failed to appear, and

3. D must not be an infant or incompetent.

ENDING LITIGATION WITHOUT TRIAL: How do you obtain a default judgment in Kansas?
Only court can enter a default judgment.
ENDING LITIGATION WITHOUT TRIAL: What may a D do if faced with a default judgment?
1. Move for relief from judgment under: (1) mistake, (2) inadvertence (3) surprise or (4) excusable neglect, (5) catchall basis, any reason justifying relief.
ENDING LITIGATION WITHOUT TRIAL: What if the neglect is the attorney's fault, can the D have the default judgment set aside?
Usually no, D now has a malpractice cause of action against lawyer.
ENDING LITIGATION WITHOUT TRIAL: What is involuntary dismissal?
Flip side of default judgment against D.

D can get if plaintiff fails to prosecute; to comply with rules or; any court order then involuntary dismissal may result.

Unless court says otherwise, involuntary dismissals are on merits.
ENDING LITIGATION WITHOUT TRIAL: What is voluntary dismissal?
When P actually wants to dismiss the case. You can dismiss without prejudice by:

1. Court order
2. Stipulation of the parties
3. Once as a matter of right before an answer or a motion for summary judgment by D.

Note: Just because you file to dismiss w/o prejudice doesn't mean you will not have problems refiling. You will still have to get personal jx and watch for the SOL.

In KS if a case is dismissed w/o prejudice you have 6 mos. to commence a new action even if SOL ran.
ENDING LITIGATION WITHOUT TRIAL: Can you voluntarily dismiss with prejudice?
Yes, usually when pursuing a settlement.
ENDING LITIGATION WITHOUT TRIAL: What is a summary judgment motion?
This motion tests the sufficiency of Ps evidence. You need evidence to back up the allegations.

ENDING LITIGATION WITHOUT TRIAL: When D moves for summary judgment what does D have to show?
D has to show the P lack of evidence of some element of their case. D does not have to show evidence. P the burden of production.

Even if P has no evidence yet, plaintiff will produce an affidavit explaining his lack of evidence. P can ask for time to produce the evidence later.

If P has some evidence, the court will NOT grant summary judgment.
ENDING LITIGATION WITHOUT TRIAL: What does the P have to show when moving for summary judgment?
That the evidence is so strong that no reasonable jury could find for the D.
TRIAL: Is there a right to a jury trial?
Yes, if pursuing a legal remedy (monetary but not incidental) but not if equity (i.e. injunction, replevin, ejectment).
TRIAL: What is remedy sought is mixed?
At federal level the rt. to jury trial attaches to any legal claims. The jury findings on the fact on the legal portion will be binding even on the equitable parts.

In Kansas:
The court assesses whether a claim is predominantly a legal or equitable.
TRIAL: What are the mechanics of requesting a jury trial?
1. Either party can request it within 10 days of service of last pleading, otherwise waived.
2. Once party requests trial by jury, cannot withdraw w/o consent of parties.
TRIAL: What is a directed verdict/judgment as a matter of law?
Requesed at trial if no legal sufficient evidentiary basis for a reasonable jury to find for non-moving party, then moving party is entitled to directed verdict.

Court will not consider credibilility of witness, court will make reasonable inferences in favor of non-moving party.

Can be done at any time once non-moving party has been fully heard on issue until submission of case to the jury.

Should move again at the close of all the evidence if moved earlier because it's a pre-requisite for judgment notwithstanding the verdict. JNOV.
TRIAL:What is a judgment as a matter of law?
Requesed after jury's verdict if no legal sufficient evidentiary basis for a reasonable jury to find for non-moving party, then moving party is entitled to JNOV.

Pre-requisite: may move for JNOV ONLY if moved for directed verdict at the close of all the evidence.

JNOV aka Motion for Judgment as a matter of law.

Effect: Despite jury's verdict, judgment is entered for other party.
TRIAL: Motion for new trial
Granted if:

1. Flaw in procedure
2. Flaw in verdict (verdict is against the great weight of the evidence)
3. Has to be filed within 10 days of the entry of judgment.
TRIAL: What is a combination of JNOV and a new trial?
Verdict-looser often moves simultaneously for both. If JNOV granted, court will conditionally grant or deny motion for new trial.

Verdict-winner: can wait to see whether JNOV granted against it. If so, may move trial court for new trial instead. If not and verdict looser appeals verdict winner can argue that court should affirm denial of JNOV, and that if JNOV is granted then flaw in the procedure and new trial instead. Note: verdict winner may make this argument even though it did not move trial court for new trial.
JOINDER: When may the P join claims against the D?
Always, they don't have to be related to each other.

But proper joinder does not = proper SMJ
JOINDER: When MUST D join claims against a single D?
There is no compulsory joinder. But claim preclusion may bar later claims related to first one.
JOINDER: When may D join claim against plaintiff?
Permissive counterclaim: Always allowed to make any claim.
JOINDER: When MUST D joint claim against plaintiff?

Proper joinder does not equal proper SMJ, but if counterclaim is compulsory, SMJ will be proper.
JOINDER: When may one D join a claim against another D?
You can have a cross claim if it arises out of the same transaction or occurrence as P's claim or a counterclaim by D.

No unrelated cross claims are permitted.
JOINDER: When may a plaintiff joint multiple defendants? JOINDER OF PARTIES
Two requirements:
1) Claims against each defendant must arise out of the same transaction or occurrence

2) There must be a common question of law or fact
JOINDER: When may multiple plaintiffs join together and sue the same defendant?
Two requirements:
1) Claims against each defendant must arise out of the same transaction or occurrence

2) There must be a common question of law or fact
This happens when a D joins a third party.

D may sue third party who is or maybe liable to the third party plaintiff for all or part of the plaintiff's claim against the third party plaintiff.

Third party claim must be derivative of original claim. This is an INDEMNIFICATION situation.

Idea is to avoid the risk of inconsistent judgments in separate suits.
JOINDER: What is intervention of right?
A third party has an intervention of right to join a case without being invited when:

1. when specified by statute
2. when applicant claims interest in property that is subject to action, and
3. action may impair applicant's ability to protect that interest
JOINDER: What is a permissive intervention?
It's at court's discretion

1. when specified by statute
2. when applicant's claim or defense has a common question of law and fact with main action
CLASS ACTIONS: What are the requirements for a class action?
1. Numerosity
2. Commonality
3. Typicality
4. Fair and adequate representation of the class by representative parties
5. One of the following must be met:
a. separate actions would risk prejudice to class members
b. Injunctive relief against party opposing class may be appropriate, or
c. Common questions of fact or law predominate over individual questions
CLASS ACTIONS: Do you need to have complete diversity for class actions?
No, as long as there is some diversity.
a. But the Fed. district court may decline jx if between 1/3 and 2/3 of plaintiffs are citizens of state where filed.
b. The court SHALL decline jx if more than 2/3 of Ps are citizens of state where filed.
CLASS ACTIONS: Can a federal question be the basis for bringing a class action suit in federal cout?
CLASS ACTION: What is the amount of controversy requirement?
Cases without complete diversity: aggregate claims of all Ps class members must exceed 5 million

cass with complete diversity: not all Ps class members need to have claims exceeding $75l, because supplemental jx may be used to include Ps with lower claims (as long as some exceed)
EFFECT OF JUDGMENT: What is claim preclusion?
Claim preclusion aka res judicata or estoppel by judgment is about whether a plaintiff who has sued once may sue again.

Rule: P cannot relitigate same cause of action between same parties after a final judgment on the merits.
EFFECT OF JUDGMENT: What is issue preclusion?
AKA Collateral estoppel. It's about whether when a party was a party in a previous lawsuit, the determination of an issue in that lawsuit is binding in the current one.
EFFECT OF JUDGMENT: What are the four elements of claim preclusion?
1. Same cause of action: if it arises out of the same transaction or occurrence

2. Final judgment: same as what is required for an appeal.

3. On the merits: generally dismissals for defects in jx, venue, joinder are not considered on the merits.
EFFECT OF JUDGMENT: What are the elements of issue preclusion?
Relitigation of an issue is barred if:
1. Same issue of fact or law a. 1st determination case use different standard of proof as long as higher
b. Beware, issue can look the same but not be the same (KS residency or tuition purpose, KS residency for diversity)

2. Issue was actually litigated and determined

3. Final judgment

4. the determination of the issue was essential to the judgment, and

5. the parties were the same (*subject to exception)
KS: Mutuality requirement, same parties in case 1 and case 2
EFFECT OF JUDGMENT: What does same parties mean in federal court?
Two ways to determine:

1. Defensive: issue preclusion is permitted: a new D may raise earlier determination of issue against P who lost on issue in first case

2. Offensive issue preclusion is permitted sometimes: a new P may raise earlier determination of issue against D who lost on issue in first case.
APPEAL: What is the requirement for filing an appeal?
Must file notice of appeal within 30 days of entry of judgment
APPEAL: What is the final judgment rule?
Party may appeal only from final judgments, not interlocutory orders.

Exceptions: (fed & KS)
1. Orders re: injunctions can be appealed
a. Prelim. injunction may be appealed, but
b. TROs may not

2. Certification by trial court for interlocutory appeal

3. Collateral order doctrine: interlocutory issue is separate from main suit.

4. Kansas extra exception: if there is an order re: mandamus or habeas corpus.