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Civil Procedure: Pretrial Adjudication | Hands-Free Bar Exam Prep (MBE) - YouTube
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hi everyone welcome back to hands-free
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studying for the MBE brought to you by
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brainscape these upcoming questions are
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related to Civil Procedure pretrial
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adjudication concepts let's get started
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question 1 what does it mean if a case
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is dismissed with prejudice and without
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prejudice if a case is dismissed with
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prejudice it's considered an
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adjudication on the merits and you
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cannot relitigate if a case is dismissed
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without prejudice then there has been no
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adjudication on the merits and you can
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relitigate question 2 when may a
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plaintiff voluntarily dismiss an action
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without a court order a plaintiff can
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voluntarily dismiss without a court
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order by one of two ways either filing a
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notice of dismissal before the opposing
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party serves either an answer or a
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motion for summary judgment whichever
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comes first
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or by a stipulation of dismissal signed
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by all parties who have appeared and
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this is governed by rule 41 a 1 a
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question 3 can a plaintiff relitigate a
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claim after dismissal if the claim was
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dismissed by a court order or
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stipulation by the plaintiff herself by
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settlement 1 a plaintiff can relitigate
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a claim after dismissal by a court order
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or stipulation because it's considered
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without prejudice to a plaintiff can
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relitigate a claim after dismissal by
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the plaintiff herself because it's
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considered without prejudice unless it's
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the plaintiffs second dismissal on the
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claim which is then considered to be
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dismissed with prejudice and 3 a
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plaintiff cannot relitigate a claim
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after dismissal if the claim was
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dismissed by settlement because that's
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considered to be dismissed with
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prejudice
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question 4 what is an involuntary
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dismissal under Rule 41 be an
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involuntary dismissal under Rule 41 B is
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when the defendant seeks to dismiss the
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action because the plaintiff has
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violated the rules or a court order this
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is governed by rule 41 B question 5 an
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involuntary dismissal under Rule 41 B is
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considered with or without prejudice the
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correct answer is an involuntary
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dismissal under Rule 41 B is considered
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with prejudice and let's take a quick
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study break to remind you to drink
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plenty of water remember that your brain
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is so much better able to learn and
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retain knowledge when it's fully
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hydrated so take a big sip and let's get
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ready for the final five questions
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question six what is a default under
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Rule 55 a a default under rule 55 a
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occurs when the defendant fails to
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timely respond to the complaint which is
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usually within 21 days of service or 60
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days after waiver now note this is not
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the same as a default judgment which is
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when the court enters the default into
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the record question 7 what is a default
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judgment under Rule 55 be a default
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judgment under Rule 55 e is a judgment
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on the record that the defendant
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defaulted
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question 8 what is the difference
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between a default and a default judgment
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a default is the defendants failure to
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respond which is stage 1 in the process
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and a default judgment is a judgment
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entered into the record after the
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defendant has defaulted or stage 2
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question 9 when can the court clerk
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enter a default judgment the court clerk
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can enter a default judgment if the
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plaintiff shows five things that the
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defendant was properly served that the
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deadline to respond has expired the
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defendant failed to respond the
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defendant is not a minor or incompetent
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and five that the some owed is certain
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and this is shown by affidavit question
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10
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what can the plaintiff do if the sum of
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damages is uncertain when seeking a
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default judgment the plaintiff can seek
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a default judgment from the court and
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the judge will then hold a hearing to
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determine the damages now note the court
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clerk cannot enter a default judgment if
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the damages are uncertain this must be
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done by a judge only and that's the end
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of your ten flashcard study round you're
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almost halfway toward mastery of Civil
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Procedure pre-trial adjudication to
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reach full mastery remember to study in
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