term1 Definition1term2 Definition2term3 Definition3
Please sign in to your Google account to access your documents:
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
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)
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
Need help typing ? See our FAQ (opens in new window)
Please sign in to create this set. We'll bring you back here when you are done.
Discard Changes Sign in
Please sign in to add to folders.
Sign in
Don't have an account? Sign Up »
You have created 2 folders. Please upgrade to Cram Premium to create hundreds of folders!