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16 Cards in this Set
- Front
- Back
What is an Offer of Judgment?
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A formal celebate offer by D, which can made up to 14 days before trial.
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What is the consequence of failing to accept an Offer of Judgment?
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- If P fails to accept that offer within 14 days of its receipt, the P will sanctioned unless the P does BETTER than the offer at trial. - Sanctions can include all of the other side's costs from the offer date |
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When will a Defendant suffer a default judgment?
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If they fail to respond to the complaint in a timely manner.
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How can a Defendant vacate a default judgment?
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- File within a reasonable time of a judgment - Will be granted LIBERALLY for good cause shown (in most courts a meritorious defense) |
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What is the time limit for a Relief from Judgment?
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1 year after judgment |
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What are the four things that must be shown for a Relief from Judgment? |
1. merit to claim or defense; 2. equity demands relief (e.g. fraud or perjury that taints judgment); 3. new facts which cast doubt on the judgment; AND 4. due diligence - despite your due diligence you could not discover the brand new facts until after the judgment. |
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When does Res Judicata (Claim Preclusion) apply? (2)
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A claim which has been 1. fully and fairly mitigated 2. to a final judgment on the merits |
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When does Collateral Estoppel (Issue Preclusion) apply?(2)
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An issue which has been 1. fully and fairly mitigated 2. to a final judgment on the merits |
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What is the general requirement for appellate review?
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Only FINAL orders can be appealed to the appellate court. Final - leaves nothing to be done in the lower court. |
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What are the two exceptions to the general requirement for appellate review?
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1. Partial Final Order 2. Interlocutory Appeals |
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What is the Partial Final Order exception?
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-Resolves some claims against some parties, but not all claims against all parties. -Can be appealed if there is no just reason to delay appeal. |
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What are the three requirements for an Interlocutory Appeal?
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both the trial court and the appellate court find: 1. Doubt as to whether or not the order was correct 2. Doubt as to a controlling issue of law; and 3. such that appellate review would materially advance the litigation |
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What is the time requirement for an appeal?
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Within 30 days of the entry of the order or judgment being appealed.
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What is the standard of review for a Question of Law?
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De Novo - will be reversed on plain error standard
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What is the standard of review for a Question of Fact?
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Only reversed if clearly erroneous
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What is the standard of review for a Question of Case Management? |
Only reversed if lower court ABUSED its discretion. - very deferential. |