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3 Cards in this Set
- Front
- Back
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Right to Jury trial in civil case: |
1) solely money damages 2) replevin 3) claim to real property 4) Annulment 5) divorce action - on issue of grounds for divorce |
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Res Judicate (Claim Preclusion) |
Res Judicata (Claim Proclusion)
Purpose: avoid re-litigation of same claim
NY: transactional approach -- if a claim by a P against a D has been brought to final judgment, all other claims are barred by P against D if they arise out of the same transaction Excpetion: -- matrimonial disputes based on domestic abuse (ex: divorce proceedings and then perosnal injury claim)
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Collateral Estoppel (Issue Preclusion) |
Collateral Estoppel (Issue Preclusion) -- prevents re-litigation of specific fact issues if: 1) issue in both proceedings is identical 2) issue litigated and decided in prior proceeding 3) party against whom issue preclusion is being asserted had a full and fair opportunity to litigate prior proceeding |
