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Timing, Mooting, Injustice
Sounds like ConLaw, but no, we're in the land of CivPro here. I now understand the "Collateral Order Doctrine" re: interlocutory appeals. This is a small triumph. No applause please, again, just throw money.
But then there's that damned preclusion doctrine (a.k.a. collateral estoppel and res judicata)and mutuality and offensive v. defensive preclusion and what's a countervailing federal interest on the RDA side of the whole Erie/choice of laws analysis? Nevermind. I'm not really asking. Just spewing random bits at this point.
My brain was not made for this.
Posted April 25, 2004 04:58 PM | law school
I'm not sure if this will make you feel better or worse, but I never completely understood preclusion until taking Conflicts this year. (But apparently did well enough to get a good grade in Civ Pro, so take heart!) =) Conflicts is HIGHLY recommended!
Posted by: scm at April 25, 2004 05:16 PM
I'm so glad I don't have to revisit Erie again until I can actually ask someone that knows.
Posted by: monica at April 25, 2004 05:19 PM
Aaagh! I'm not supposed to be thinking about that stuff until Friday evening. Damn you.
That being said, I'm feeling pretty good about collateral estoppel at least since I got called on last Monday on that topic for about twenty minutes and seemed to do OK. The rest of it? I can't even remember a Fed. R. Civ. P right now well enough to name it right now.
Posted by: Steve at April 26, 2004 02:45 AM