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Fed. R. Civ. P. 55(a).
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1What is a default?
What is a default?2Does an entry of default, standing alone, award specific relief to the plaintiff?
Does an entry of default, standing alone, award specific relief to the plaintiff?3What is a default judgment?
What is a default judgment?4What is the procedure for obtaining an entry of default?
What is the procedure for obtaining an entry of default?5In the context of default, what is a claim for a sum certain?
In 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...
If 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 default judgment against a defendant who has not appeared in the case?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...
If 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 plaintiff follow to obtain a default judgment after the entry of default?8A plaintiff sued a defendant in federal court, alleging breach of contract and seeking liquidated damages of $100,000. After the defendant failed t...
A plaintiff sued a defendant in federal court, alleging breach of contract and seeking liquidated damages of $100,000. After the defendant failed to appear, the clerk entered the defendant’s default. The plaintiff then filed a motion for a default judgment and requested a hearing. The clerk of the court called the plaintiff’s lawyer to ask why he had filed the motion. The lawyer replied that he was simply following the necessary procedure to obtain a default judgment. Was the plaintiff’s lawyer required to seek a hearing to obtain a default judgment?9May a default judgment award more money or a different kind of relief from what plaintiff demanded in the complaint?
May 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...
A plaintiff sued a defendant in federal court, alleging intentional interference with contract. The law allowed compensatory damages, punitive damages, and injunctive relief on this claim. The complaint demanded only compensatory damages of $750,000. The defendant appeared, but then defaulted, and the court scheduled a hearing on default judgment. Before the hearing, the plaintiff realized that the defendant was likely to repeat the tortious behavior unless the court issued an injunction forbidding it. In addition, the plaintiff prepared an argument that punitive damages of $500,000 would be appropriate. The plaintiff gathered sufficient evidence to prove all facts necessary for these forms of relief.What is the maximum relief that the court may award at the hearing?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...
May a court enter a default judgment against a minor or an incompetent person who is unrepresented by a fiduciary or whose fiduciary has not appeared in the case?12What authority does a court have to set aside an entry of default?
What authority does a court have to set aside an entry of default?13What authority does a court have to set aside a default judgment?
What authority does a court have to set aside a default judgment?14Must each member of a federal civil jury participate in the verdict?
Must each member of a federal civil jury participate in the verdict?15In general, must a federal civil verdict be unanimous?
In 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?
What is the minimum number of jurors who must return a verdict in a federal civil case?17What is a jury poll?
What is a jury poll?18In a federal civil case, must the court poll the jurors if any party requests it?
In 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?
If 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...
A 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. The jury returned a verdict for the plaintiff, and the defendant asked the judge to poll the jury. The poll revealed that two jurors disagreed with the verdict and believed that the defendant should have won the case. What procedural options does the judge have to address this situation?21What is a general verdict?
What is a general verdict?22What is a special verdict?
What is a special verdict?23What are the requirements for a general verdict with answers to written questions?
What 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?
What 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?
What 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...
If 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 issue?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...
A 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 each party demanded a jury trial in its pleading. At trial, the two contested issues were (1) whether the parties had entered a valid covenant not to compete and (2), if so, whether the defendant had breached that covenant. The judge instructed the jury to return a special verdict. In open court, the judge submitted questions to the jury only on the issue of breach and not on the issue of whether a covenant had been formed. Neither party made any objections or demands regarding the submission to the jury. The jury answered that the covenant had been breached, and the judge entered judgment for the plaintiff. Did the court violate the defendant’s right to a jury trial on the issue of whether a covenant had been formed?28May the court make its own findings on any issue not submitted to the jury as part of a special verdict?
May 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?
What 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...
On 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 questions are all consistent with one another?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...
On a general verdict with answers to written questions, what procedure may the court follow if (1) the jury’s answers are consistent with one another, but (2) at least one answer is inconsistent with the general verdict?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...
On a general verdict with answers to written questions, what procedure must the court follow if (1) the jury’s answers are inconsistent with one another, and (2) at least one answer is inconsistent with the general verdict?33In what procedural situations is a court required to state its findings of fact and conclusions of law?
In what procedural situations is a court required to state its findings of fact and conclusions of law?34What is an interlocutory injunction?
What is an interlocutory injunction?35What is a judgment on partial findings?
What 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...
A plaintiff sued a defendant in federal court for both defamation and intentional infliction of emotional distress. The case was tried to the judge alone, without a jury. An essential element of the emotional-distress claim was outrageous conduct by the defendant. Nonetheless, the plaintiff failed to present any evidence of outrageousness. At the close of the plaintiff’s case, the defendant pointed out this lack of evidence and moved for a judgment on partial findings as to the emotional-distress claim. The defendant’s argument was correct, and the judge agreed with the defendant. However, the judge declined to enter partial judgment and stated that she would instead issue a single judgment at the end of the case. The defendant’s lawyer objected to the judge’s refusal to enter partial judgment. Could the judge properly refuse to enter a judgment on partial findings?37Is a court generally required to state its findings of fact or conclusions of law when ruling on a motion?
Is 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?
If 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...
A police officer arrested a speaker at a public rally. The speaker sued the officer in federal court, alleging a civil-rights violation. The case was tried to a judge without a jury. The officer testified that she had arrested the plaintiff because he had pointed to some protestors and urged the audience to “go break their heads.” The speaker testified that he had made the remark but that he was only joking. The judge entered judgment for the officer. The judge’s findings of fact and conclusions of law stated that the speaker was not a credible witness, that the speaker’s threat had been sincere, and that the threat was a legally sufficient basis for the arrest. The speaker appealed, arguing that the evidence was insufficient to support the findings because the trial judge wrongly assessed his credibility. Is the appellate court likely to reverse based on the speaker’s argument?40What is claim preclusion?
What is claim preclusion?41Is claim preclusion an affirmative defense in federal litigation?
Is claim preclusion an affirmative defense in federal litigation?42What are merger and bar?
What are merger and bar?43What characteristics make a prior judgment valid for purposes of claim preclusion?
What 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?
In 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?
For 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...
For purposes of claim preclusion in the federal courts, does state law determine whether a state-court judgment is considered to be final while that judgment is being appealed?47For purposes of claim preclusion, what is generally meant by a judgment on the merits?
For 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...
For 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 the merits?49For purposes of claim preclusion, is a default judgment generally considered to be a judgment on the merits?
For 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?
For 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?
For 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 ...
If a dismissal is treated as an adjudication on the merits under the federal dismissal rules, does that dismissal generally bar the plaintiff from refiling the case in the same federal court?53If a dismissal is regarded as an adjudication on the merits under the federal dismissal rules, does that dismissal necessarily bar the plaintiff fr...
If a dismissal is regarded as an adjudication on the merits under the federal dismissal rules, does that dismissal necessarily bar the plaintiff from refiling the case in a different federal court?54For purposes of claim preclusion, under what conditions is one person considered to be in privity with another?
For 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...
Despite the general rule requiring identical parties for claim preclusion, what categories of persons may be subject to claim preclusion despite not being parties in the prior case?56In claim preclusion, what is the transaction test for determining whether successive claims are part of the same cause of action?
In 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...
The plaintiff was struck by a car while riding a motorcycle. The motorcycle was destroyed, and the plaintiff was injured. The plaintiff sued the driver for the damage to the motorcycle. The plaintiff brought the suit in a state court of general jurisdiction, which could hear claims of any type in any amount. The court entered judgment for the plaintiff. One month later, the plaintiff sued the driver in federal court, this time alleging personal injury. The driver argued that the federal case was barred by claim preclusion because the personal-injury claim and the property-damage claim were part of the same cause of action. The plaintiff argued that property damage and personal injury were separate causes of action and, thus, that the federal suit was not precluded.Were the property-damage and personal-injury claims part of the same cause of action for purposes of claim preclusion?58What is issue preclusion?
What is issue preclusion?59Is the requirement of a valid and final judgment for issue preclusion generally the same as that for claim preclusion?
Is 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?
Must 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?
In 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...
In 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 generally consider the prior judgment to rest on all issues that could be considered reasonably necessary to support the judgment?63In general, may issue preclusion be asserted against someone who was not a party to the prior case in which the issue was determined?
In 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 ...
Will the courts sometimes refuse to apply issue preclusion against someone who was a party to the prior case but who had an insufficient incentive to litigate the issue in the prior case?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...
Will courts sometimes refuse to apply issue preclusion against someone who was a party to the prior case if the procedures available in the prior case were so limited that relitigating the issue might yield a different outcome?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...
Will courts sometimes refuse to apply issue preclusion against someone who was a party to the prior case if the procedures available in the prior case were defective or unfair?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...
A painter was injured when a paint sprayer exploded during use. The painter brought a personal-injury suit against the retailer from which he had purchased the sprayer. At trial, the jury found that the sprayer was defectively manufactured, and the painter won a judgment of $100,000. Six months later, the painter sued the sprayer’s manufacturer, seeking to recover for injuries that the painter claimed had not been addressed in the suit against the retailer. At trial, the painter asserted issue preclusion to argue that the manufacturer should not be allowed to relitigate the question of whether the sprayer was defectively manufactured. Is the manufacturer subject to issue preclusion based on the prior case against the retailer?68In the context of issue preclusion, what is mutuality?
In the context of issue preclusion, what is mutuality?69What is defensive issue preclusion?
What is defensive issue preclusion?70Is defensive issue preclusion generally allowed in the federal courts?
Is defensive issue preclusion generally allowed in the federal courts?71What is offensive issue preclusion?
What is offensive issue preclusion?72Is offensive issue preclusion generally permitted in the federal courts?
Is offensive issue preclusion generally permitted in the federal courts?73Do the federal courts have discretion to allow offensive issue preclusion?
Do 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?
Which 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?
What 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?
Must the state and federal courts give full faith and credit to one another’s judgments?