An Uncertain Tradition: Constitutionalism and the History of


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In issue preclusion, one of the main things you have to be able to discern is what has actually been litigated. Although this rule gives the succeeding judge the authority to grant a new trial if he cannot satisfactorily perform the duties required of him, the decisions previously made by the former judge and the jury are presumed to be correct and the burden is on the moving party to show to the contrary. If the right to make a motion is lost by the expiration of the time limits fixed in these rules, the only other procedural remedy is by a new or independent action to set aside a judgment upon those principles which have heretofore been applied in such an action.

Pages: 416

Publisher: Univ Of Ga Press; First edition (March 1989)

ISBN: 0820310557

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