Term
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Definition
Actions at law, not equity
Waiver
Federal: failure to make a demand
Oregon: waiver must be explicit and on record |
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Term
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Definition
Constitution requires impartiality in jury selection
Can be excused for good cause (cant speak English, mentally or physically infirm) |
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Term
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Definition
| A juror who shows bias who has an interest in the outcome case, or who otherwise may be unable or unwilling to serve impartially will be excused for cause |
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Term
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Definition
Challenge without cause
Oregon: 3 |
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Term
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Definition
Federal: failure to request or object to instructions is waiver
Erroneous instruction will not lead to reversal unless prejudicial error
Oregon: proposed instructions are submitted at start of trial |
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Term
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Definition
Federal: 6-12. Unanimous required.
Oregon: 12 is default |
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Term
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Definition
Verdict set aside if concealed facts in voir dire or unathorized evidence
Verdicts must be reasoned |
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Term
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Definition
| Used against a plaintiff after he has had an opportunity to present his case and failed to show a right of relief |
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Term
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Definition
Party had opportunity to present case
Evidence reveals moving party must prevail
Can be requested at end of P case or after all evidence |
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Term
| Judgment notwithstanding the verdict |
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Definition
Used to overturn a jury verdict when a directed party would have been appropriate
Federal
Identical, Directed verdict request required |
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Term
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Definition
Broad discretion
Abuse of discretion to grant a new trial based on harmless error |
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Term
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Definition
1. Irregularity in proceedings
2. Jury Misconduct
3. Accident or surprise
4. Newly discovered evidence
5. Insufficency of evidence |
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Term
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Definition
1. Mistake, inadvertence, surprise, or excusable neglect
2. New evidence
3. Fraud
4. Judgment is void
5. judgment has been satisfied |
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Term
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Definition
General rule is that appeals are only allowed from final judgments
A few courts allow appeals of interlocutory decisions. |
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Term
| Final Judgment Rule: exceptions |
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Definition
1. Pretrial orders involving temporary remedies
2. Collateral order rule
3. Final orders in cases involving multiple claims and parties
4. Interlocutory orders of great importance
5. Orders involving rulings on jnov and new trials |
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Term
| Final Judgment Rule: New Trial Appeal |
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Definition
An order granting a new trial is not a final judgment.
Oregon allows an appeal of an order granting a new trial.
Order denying new trial is not appealable, but can appeal decision.
Federal courts do not allow |
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Term
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Definition
1. Must file notice specifying issues to be appealed and parties involved
2. Within 30 days
3. Served on all parties |
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Term
| Appellate court: no reversal for harmless error |
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Definition
| An error is harmless if the decision was rendered in spite of if the error did not have a significant effect on outcome. |
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Term
| Appeals from Judgment based on jury decisions |
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Definition
Appellate courts cannot weigh evidence
Appellate courts can test the legal sufficiency of the evidence |
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Term
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Definition
Claim preclusion
Once a final judgment on the merits has been rendered, the plaintiff is barred by res judicata |
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Term
| Collateral Estoppel (Issue Preclusion) |
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Definition
| A judgment for the plaintiff or defendant is conclusive in a subsequent action on a different cause of action between parties, if issues of fact were litigated and essential to judgment |
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Term
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Definition
| Since a judgment cannot be used against a person who was not a party, that person has traditionally been barred from taking advantage of that judgment |
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