All flashcards
76 cards
1What is a default?
2Does an entry of default, standing alone, award specific relief to the plaintiff?
3What is a default judgment?
4What is the procedure for obtaining an entry of default?
5In the context of default, what is a claim for a sum certain?
6If the plaintiff has made a claim for either a sum certain or a sum that can be calculated to a certainty, what procedure is required to obtain a d...
7If the plaintiff has made a claim for relief other than for a sum certain, or if the defendant has appeared in the case, what procedure must the pl...
8A plaintiff sued a defendant in federal court, alleging breach of contract and seeking liquidated damages of $100,000. After the defendant failed t...
9May a default judgment award more money or a different kind of relief from what plaintiff demanded in the complaint?
10A plaintiff sued a defendant in federal court, alleging intentional interference with contract. The law allowed compensatory damages, punitive dama...
11May a court enter a default judgment against a minor or an incompetent person who is unrepresented by a fiduciary or whose fiduciary has not appear...
12What authority does a court have to set aside an entry of default?
13What authority does a court have to set aside a default judgment?
14Must each member of a federal civil jury participate in the verdict?
15In general, must a federal civil verdict be unanimous?
16What is the minimum number of jurors who must return a verdict in a federal civil case?
17What is a jury poll?
18In a federal civil case, must the court poll the jurors if any party requests it?
19If a jury poll reveals that too few jurors have agreed on the verdict, what procedures may the court order in response?
20A judge seated 12 jurors in a federal civil trial. The parties made no stipulations as to how many jurors were required to agree on the verdict. Th...
21What is a general verdict?
22What is a special verdict?
23What are the requirements for a general verdict with answers to written questions?
24What authority does the trial judge have in deciding which type of verdict to use at trial?
25What procedure must the court follow to obtain a special verdict?
26If an issue is not submitted to the jury as part of a special verdict, must a party take any action to preserve its right to a jury trial on that i...
27A corporation sued a former employee in federal court for breach of a covenant not to compete. All issues in the case were triable by a jury, and e...
28May the court make its own findings on any issue not submitted to the jury as part of a special verdict?
29What procedure must the court follow to obtain a general verdict with answers to written questions?
30On a general verdict with answers to written questions, what procedure must the court follow if the jury’s general verdict and its answers to the q...
31On a general verdict with answers to written questions, what procedure may the court follow if (1) the jury’s answers are consistent with one anoth...
32On a general verdict with answers to written questions, what procedure must the court follow if (1) the jury’s answers are inconsistent with one an...
33In what procedural situations is a court required to state its findings of fact and conclusions of law?
34What is an interlocutory injunction?
35What is a judgment on partial findings?
36A plaintiff sued a defendant in federal court for both defamation and intentional infliction of emotional distress. The case was tried to the judge...
37Is a court generally required to state its findings of fact or conclusions of law when ruling on a motion?
38If the court makes findings of fact, may a party challenge those findings on appeal?
39A police officer arrested a speaker at a public rally. The speaker sued the officer in federal court, alleging a civil-rights violation. The case w...
40What is claim preclusion?
41Is claim preclusion an affirmative defense in federal litigation?
42What are merger and bar?
43What characteristics make a prior judgment valid for purposes of claim preclusion?
44In general, what characteristics make a prior judgment final for purposes of claim preclusion?
45For purposes of claim preclusion, is a federal judgment considered to be final while that judgment is being appealed?
46For purposes of claim preclusion in the federal courts, does state law determine whether a state-court judgment is considered to be final while tha...
47For purposes of claim preclusion, what is generally meant by a judgment on the merits?
48For purposes of claim preclusion, is dismissal for failure to state a claim on which relief can be granted generally considered to be a judgment on...
49For purposes of claim preclusion, is a default judgment generally considered to be a judgment on the merits?
50For purposes of claim preclusion, is a dismissal entered as a sanction against a party generally considered to be a judgment on the merits?
51For purposes of claim preclusion, is a voluntary dismissal without prejudice generally treated as a judgment on the merits?
52If a dismissal is treated as an adjudication on the merits under the federal dismissal rules, does that dismissal generally bar the plaintiff from ...
53If a dismissal is regarded as an adjudication on the merits under the federal dismissal rules, does that dismissal necessarily bar the plaintiff fr...
54For purposes of claim preclusion, under what conditions is one person considered to be in privity with another?
55Despite the general rule requiring identical parties for claim preclusion, what categories of persons may be subject to claim preclusion despite no...
56In claim preclusion, what is the transaction test for determining whether successive claims are part of the same cause of action?
57The plaintiff was struck by a car while riding a motorcycle. The motorcycle was destroyed, and the plaintiff was injured. The plaintiff sued the dr...
58What is issue preclusion?
59Is the requirement of a valid and final judgment for issue preclusion generally the same as that for claim preclusion?
60Must an issue be the subject of evidence at a trial to qualify as actually litigated for purposes of issue preclusion?
61In the context of issue preclusion, may the record of a prior case be examined to determine whether an issue was necessary to the prior judgment?
62In ruling on issue preclusion, if the record of the prior case does not establish whether an issue was necessary to the prior judgment, will courts...
63In general, may issue preclusion be asserted against someone who was not a party to the prior case in which the issue was determined?
64Will the courts sometimes refuse to apply issue preclusion against someone who was a party to the prior case but who had an insufficient incentive ...
65Will courts sometimes refuse to apply issue preclusion against someone who was a party to the prior case if the procedures available in the prior c...
66Will courts sometimes refuse to apply issue preclusion against someone who was a party to the prior case if the procedures available in the prior c...
67A painter was injured when a paint sprayer exploded during use. The painter brought a personal-injury suit against the retailer from which he had p...
68In the context of issue preclusion, what is mutuality?
69What is defensive issue preclusion?
70Is defensive issue preclusion generally allowed in the federal courts?
71What is offensive issue preclusion?
72Is offensive issue preclusion generally permitted in the federal courts?
73Do the federal courts have discretion to allow offensive issue preclusion?
74Which three primary factors will a court consider in deciding whether to allow offensive issue preclusion?
75What is the constitutional requirement of full faith and credit?
76Must the state and federal courts give full faith and credit to one another’s judgments?
All flashcards
76 cards