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Glossary of hytrz

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Elements of claim preclusion
1. final J
2. same parties (or privity)
3. same claim

Elements of issue preclusion
1. final valid judgment
2. issue actually litigated
3. determination essential to judgment

Can't preclude someone who...
wasn't there
What counts as a transaction for preclusion?
"common nucleus of operative facts"

1. similar facts (related in time/space/origin)
2. convenience
3. what parties expected



What counts as a final valid judgment?
Anything except dismissal based on:
1. lack of PJ
2. improper venue
3. failure to join required party
OR
4. anything the court says isn't final




When is intervention discretionary or mandatory?
Intervention must be granted sometimes (24(a)), but it never must be denied. Lots of discretion here.
What's the latest a party can unilaterally dismiss its own claim?
Before other side answers.
Standard for review of trial courts legal determinations?
de novo
Standard of review for trial court's findings of fact?
Clear error
Standard of review for trial court's discretionary holdings?
abuse of discretion
Exceptions to rule against non-party preclusion
1. agreement
2. legal relationship
3. adequate representation
4. control
5. proxy
6. statute grants exception




Celotex
OK for moving party to "point out" lack of facts in nonmoving party's case; don't need to submit affidavits
Standard for facts under 12(b)(6)?
nonconclusory facts taken as true
record for summary judgment?
moving party selects snippet of the record;
can include affidavits
When is discovery plan due?
At least 21 days before scheduling conference or scheduling order
Under what circumstances are parties to a contract required parties?
Per _Daynard_, ONLY if a judgment would rescind the contract.
Claims by a Rule 14 ∆ against the party who impleads him are...
always permissive
Parklane factors? ..

1. Could nonparty have joined / Subsequent litigation foreseeable in suit 1?
2. Incentive to litigate?
3. Judgment being relied on consistent with prior judgments?
4. New procedural opportunities?


Parklane factors?

...

1. Could nonparty have joined
2. Incentive to litigate / Litigation foreseeable in suit 1?
3. Judgment being relied on consistent with prior judgments?
4. New procedural opportunities?


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