Other Considerations – Former Adjudication Res Judicata PDF

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Civil Procedure I Outline
Notes from Class/Casebook
Spring 2021...

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Civil Procedure I Outline Notes from Class/Casebook Spring 2021 Other Considerations – Erie 1. Federal Court – Diversity or Supplemental Jurisdiction 2. Conflict of law 3. Source of Federal Law a. Federal Statute i. Is statute constitutional? 1. Yes – apply federal statute b. Federal Rule of Civil Procedure i. Statute (REA) Constitutional? Yes, then ask 1. Is rule Consistent with REA (Rules Enabling Act) a. Rule truly procedural b. Rule does not abridge, modify, or enlarge a substantive right? i. Yes – apply FRCP 4. Federal or State Practice a. Federal Practice – no rule or statute i. Is the state practice “bound up with state created rights and obligations” – if yes, apply the state practice b. State practice – involve “merely the mode and manner of enforcing rights” i. If so, would applying the federal practice instead of the state practice be outcome determinative? 1. Need substantial various a. Would the different affect the choice of forum? c. Keep in mind the twin aims of Erie i. Discourage forum shopping ii. Discourage the inequitable administration of the laws d. Affirmative Countervailing Considerations? i. Division of responsibilities between judge and jury 1. No countervailing considerations – apply state practice 2. Countervailing considerations – apply federal practice Other Considerations – Former Adjudication Res Judicata

1. Claim Preclusion a. Claim – cause of action upon which the plaintiff seeks relief i. Example: breach of contract, battery b. Bars i. Same claims that was raised or should have been raise ii. Between the same parties or parties in privity iii. Final judgment on the merits 2. Issue Preclusion a. Issue – a disputed point or question of fact or law about which the parties disagree i. Example: contributory negligence, fraud b. Bars a party from re-litigating i. Same issue ii. Actually litigated and determined iii. Essential to the final judgment iv. Final judgment...