ISSUE essential to the judgment
FINAL judgment on the merits
CLAIM PRECLUSION (RES JUDICATA) - Answer>> (Some
People Just Make Stupid Claims)
SAME PARTIES
(final) JUDGMENT on the
MERITS of the original claim
SAME CLAIM
Motion for relief from a judgment - Answer>> (MEND)
*Can be made up to 1 year from entry of judgment
MERIT
EQUITY
NEW Facts
DUE Diligence
FRCP 22 Interpleader - Answer>> Requires (1) complete
diversity b/w stakeholder and all adverse claimants and in excess
of $75k in issue OR (2) federal question claim.
, Exception: Federal Statutory Interpleader - Answer>> Only one
claimant must be diverse from one other & $500 in issue.
Past Recollection Recorded/Recorded Recollection - Answer>>
(Why CAMP)
The contents of a doc W previously wrote or adopted is read into
evidence. Proper foundation must be laid.
WRITTEN or adopted by W;
CONTENTS were fresh in W's memory when she wrote the
document;
ACCURATE at the time it was made;
MEMORY of W is currently insufficient to testify as to the doc's
contents;
PERSONAL knowledge of facts comprising the recorded
recollection.
Elements of IIED - Answer>> (DICE)
DAMAGES in form of severe emotional distress
INTENT or recklessness
CAUSATION
EXTREME or outrageous conduct
3 Elements of something that is inherently dangerous -
Answer>> (SUC)ks
Exs: bomb material, dynamite
SEVERE risk of harm
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