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Law Outlines Civil Procedure Outlines

Post Trial Outline

Updated Post Trial Notes

Civil Procedure Outlines

Civil Procedure

Approximately 35 pages

A highly detailed, attractively formatted outline for 1L Civ Pro, including jurisdiction. The material is not specific to any jurisdiction, but is rather an overview of civil procedure in the federal courts. I discuss the relevant Federal Rules of Civil Procedure (2013) as well as federal statutes dealing with jurisdiction and other topics. The course was based on Yeazell's Civil Procedure, 8th.

The notes are divided into the following sections:

1. Pleadings
2. Jurisdiction
3. Joinder
4...

The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Procedure Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

  1. POST-TRIAL

    1. Appeal

      1. 28 USC § 1291

  • Final judgment rule: Only final decisions of the courts are appealable, with a few exceptions listed in § 1291.

  • Adverse decision rule: A party may only appeal a decision which was not rendered in its favor.

    1. Claim Preclusion (CP)

Res judicata or claim preclusion is the doctrine barring a second action where the matter has been (or should have been) litigated in a prior action.

  1. Generally

  • Claim preclusion is asserted as an affirmative defense either in a 12(b) motion or in a responsive pleading under 8(c). It is waived if it is not brought initially.

  • Claim preclusion has three general requirements:

    • The parties are bound by the previous ruling (“same parties,” although it’s broader than this)

    • It must form part of the same claim (as determined by one of the two Restatement tests)

    • The previous claim must have been settled by a final judgment on the merits.

      1. Two Standards

  • First Restatement: The claim is precluded where the parties and the cause of action are identical. The cause of action is “identical” when the evidence necessary to sustain the first claim would be required to sustain the new claim. (NARROWER)

  • Second Restatement: The claim is precluded where it arises from the “same transaction or occurrence” that was adjudicated in the prior action. (BROADER)

The federal courts use the 2d Rest test, as do most states. Some still use the 1st Rest.

  1. Who is Precluded

  • As a general rule, only a party to the prior claim is precluded by it.

  • Exceptions:

    • Where a party agreed to be bound by a prior action;

    • Where there is a pre-existing legal relationship with the prior action;

    • Where the party is in privity with a party to the prior action (i.e. a shared interest in property or a contract specifying that one party will represent the other’s interest with regard to shared rights)

    • Where the party assumes control over prior litigation;

    • Where the parties lose a prior suit and re-file as a class.

      1. “Final Judgments on the Merits”

  • Claim preclusion applies to final judgments on the merits only.

  • Federal court decisions have preclusive effect in state courts.

  • State court decisions have preclusive effect in federal court except where the state court lacked jurisdiction to hear the original claim.

    1. Issue Preclusion (IP)

Collateral estoppel or issue preclusion bars re-litigation of individual issues which were actually litigated and determined in a prior action between the parties. Sometimes, it may even bar issues from being re-litigated where the parties are different.

  1. Generally

Issue preclusion may be applied if:

  • The party to be precluded was a party in the original claim (or in privity; check mutuality requirements)

  • The same issue is involved in the two actions.

  • That issue was fully & fairly litigated.

  • The issue was actually decided.

    • Not applicable to default judgments or dismissals.

    • Illinois Central Gulf RR v. Parks: Where a case was decided in the black box and the result could have been achieved based on two or more determinations on the issue, then the pleading party must show that the issue actually was decided the way they are arguing for. Otherwise, IP can’t be given.

  • A...

Buy the full version of these notes or essay plans and more in our Civil Procedure Outlines.