Default judgments and preclusion Bar Exam Flashcards - Medical Study Cards
Master Default judgments and preclusion with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Default judgments and preclusion Flashcard Deck - 10 Cards
Flashcard 1: What are the elements of issue preclusion (collateral estoppel)?
Answer: An issue is precluded when it was actually litigated and determined by a valid, final judgment, the determination was essential to the judgment, and the party against whom preclusion is asserted had a full and fair opportunity to litigate. Mutuality is not required under the modern majority rule, subject to due-process limits.
Flashcard 2: What are the elements of claim preclusion (res judicata) under the majority transactional approach?
Answer: Claim preclusion requires a valid, final judgment on the merits; the second action involves the same claim or transaction; and the action is between the same parties or their privies. The transactional approach treats all rights to remedies arising from the same transaction or occurrence as one claim.
Flashcard 3: What is the rule for obtaining relief from a final judgment under Rule 60(b)?
Answer: Rule 60(b) permits relief for mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, fraud or misconduct, a void judgment, satisfaction or changed circumstances, or any other extraordinary reason justifying relief. Motions based on mistake, newly discovered evidence, or fraud generally must be made within one year, while the other grounds must be raised within a reasonable time.
Flashcard 4: What are the three principal standards of appellate review for questions of law, findings of fact, and discretionary rulings?
Answer: 1. **Questions of Law:** Reviewed de novo (without deference).
2. **Findings of Fact (bench trial):** Reviewed for clear error (with due regard for the trial judge's opportunity to judge credibility).
3. **Discretionary Rulings:** Reviewed for abuse of discretion.
Flashcard 5: Outline the primary sequence of questions to determine if a federal district court order is immediately appealable.
Answer: 1. Is the order final under § 1291? (If yes, appeal as of right).
2. If not, is there a valid Rule 54(b) certification for a distinct claim/party?
3. If not, does a statute/rule create an immediate route (e.g., § 1292(a) for injunctions)?
4. If not, has the district judge certified a controlling legal question for permissive review under § 1292(b), and has the court of appeals permitted it?
5. If not, does the collateral-order doctrine apply (conclusive, separate from merits, effectively unreviewable later)?
6. If not, is it a class-certification order appealable under Rule 23(f)?
If none apply, wait for final judgment.
Flashcard 6: Distinguish between 'entry of default' and 'default judgment'.
Answer: Entry of default is the clerk's formal entry on the docket after a party fails to plead or otherwise defend. A default judgment is the judgment awarding relief, entered by the clerk in limited cases or by the court under Rule 55.
Flashcard 7: List the five biggest takeaways regarding judgments and appeals.
Answer: 1. Default judgment follows entry of default, but the clerk’s authority to enter it is limited. 2. Claim preclusion generally requires a valid, final judgment on the merits, the same claim or transaction, and the same parties or their privies. 3. Issue preclusion generally requires an issue to have been actually litigated and necessarily determined in a valid, final judgment, with the affected party having a fair opportunity to litigate. 4. Ordinarily, only final judgments are immediately appealable, subject to narrow statutory interlocutory-appeal and extraordinary-writ exceptions. 5. Legal questions receive de novo review, factual findings clear-error review, and discretionary rulings abuse-of-discretion review.
Flashcard 8: What are the requirements for discretionary interlocutory appeal under 28 U.S.C. § 1292(b)?
Answer: The district court must certify an order involving a controlling question of law with substantial ground for disagreement, and an immediate appeal must materially advance the litigation; the court of appeals must then permit the appeal. The petition must generally be filed within 10 days after certification.
Flashcard 9: What is the general rule for staying enforcement of a judgment pending appeal?
Answer: Under Federal Rule of Civil Procedure 62, execution is generally automatically stayed for 30 days after entry of judgment, and a stay during appeal ordinarily requires a supersedeas bond or other security approved by the court. The court may alter or waive the security requirement in its discretion.
Flashcard 10: Which interlocutory orders are appealable as of right under 28 U.S.C. § 1292(a)?
Answer: Section 1292(a) permits immediate appeals from orders granting, modifying, continuing, or dissolving injunctions; appointing or refusing to discharge receivers; and determining rights and liabilities in certain admiralty cases. It also covers certain orders under federal arbitration and patent statutes.
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