Law School Resources
Practice Court
I. Introduction & Review
1)
Ways to attack a judgment:
a)
Appeal
i)
ordinary appeal
(1)
on all grounds
(2)
have 30 days to appeal
ii)
restricted appeal (a “writ of error”)
(1)
brought by someone that did not actively
participate in the action at the trial ct level
(2)
errors appear on the face of the record
(3)
180 days to perfect
b)
Direct Attacks (at trial ct level)
i)
JNOV
ii)
motion for new trial
iii)
motion to alter/amend jj
iv)
equitable bill of review (Texas only)
c)
Collateral Attacks
i)
only for certain cirx
(1)
no notice
(2)
no personal jx
(3)
other we will discuss later
ii)
defined: on behalf of D in original lawsuit,
argue to another ct that jj is invalid
iii)
only avail. if default jj rendered
iv)
policies
(1)
finality
(2)
avoid multiplicity of suits & conflicting
jj’s
2)
Finality
a)
res judicata (claim preclusion; merger
& bar)
i)
valid
ii)
final
iii)
jj
iv)
same parties or privies (interest
protected in prior suit) (parties = P & D)
v)
same claim [CNOF] (claim =
arises out of same transaction/occurrence, series of
transactions/occurrences)
b)
collateral estoppel
i)
valid
ii)
final
iii)
jj
iv)
PTB estopped was party/privy to prior
suit (only PTB estopped)
v)
same exact issue:
(1)
actually litigated
(2)
necessarily decided
c)
single satisfaction doctrine
i)
elements
(1)
if there is any overlap of injuries
(2)
P barred from recovering on 2 jj’s (must
elect)
ii)
ex. damage to property from one flood caused
by 2 D’s; in one suit, P gets $100k; in second suit,
P gets $110k; P can recover up to $100k from D1 and
up to $110k from D2 but only up to $110k total
d)
law of the case: legal issue decided earlier
in case, can’t re-determine at later stage (e.g. on
appeal)
e)
direct estoppel: can’t re-determine
fact-finding once decided
II. The Plaintiff’s Pleading
1)
Form
a)
name
i)
federal = complaint
ii)
Texas = petition
b)
2)
Parties & Joinder
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