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@lawschoolfinals-blog
All about Rape Law
This should be such a fun morning.
The Buldge Rule
Rule 4 four kay one ehy is the standard. - 4k(1)(a)
Departure #1
All that long-arm stuff seems trivial and unimportant, let me tackle this minimum contacts bear and get back to it later
I was so naive.
The hard “C” in collateral is enough for me to get it mixed up with CLaim preCLusion it’s been a rough week
Collateral order doctrine is it’s own separate, non-preclusion-related thing. Its about when you can appeal an interlocutory decision.
Claim Preclusion
1. Case 1, Final Judgement
2. Case 1, On the Merits
3. Case 1, Valid
“Valid, Final, and on the Merits.”
4. Case 1 + Case 2, Same Claims. T&O related.
5. Case 1 + Case 2 Asserted by Same Claimant (or their Privy) against Same Defendant (or their Privy)
Default judgement with prejudice
still apparently counts as a Judgement on the merits.
“On the Merits.”
Stuff that is on the merits dismissal: Trial, SJ, JMOL
Stuff that is definitely not: Lack of SMJ, lack of PJ, improver venue
First thing you need to know about claim preclusion is that it's the ruliest rule there is.
the subtext of my outline to me just now
Come at me Claim Preclusion
Last section I’m reviewing De Novo. Ha. Ha. Okay let’s go.
Appealability Standards in 20 Seconds, Go.
Basically on appeal Appellate Court Judges give more deference to juries - apply same JMOL standard - but still give judges a lot of deference on facts - Clear Error Standard - on questions of law tho, those are De Novo
Small class which finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudication. The Court has long given this provision of the statute this practical rather than a technical construction.
Will v. Hallock
col·lat·er·al /kəˈladərəl,kəˈlatrəl/
noun
1.something pledged as security for repayment of a loan, to be forfeited in the event of a default.
collateral like collateral to the merits of the case
says me who should really just google “collateral definition” okay fine I’m doing it
Would you like a workaround for the final order rule of 28 USC § 1291?
Try some Collateral Order Doctrine.
28 USC § 1291 does all the work in appeals, as I've said before
me repeating myself to myself
Statute 1291
Welcome, to my life. It seems you do most of the work in this appealability section.