6 - Preclusion

Question 1

preclusion

2 types

Answer 1

claim preclusion, issue preclusion

Question 2

preclusion

Answer 2

whether a judgment already entered precludes litigation of any matters in another case.

Question 3

claim preclusion

res judicata

Answer 3

You can only sue on a claim once to vindicate all rights to relief for that claim.
1. Case 1 and Case 2 were brought by the SAME CLAIMANT against the SAME DEFENDANT.
2. Case 1 ended in a valid judgment ON THE MERITS. (On the merits = any judgment unless it was based on jdx, venue or indispensable parties)
3. Case 1 and Case 2 asserted the same CLAIM
majority view (including fed law): A claim is any right to relief arising from a ToO
minority view: There are separate claims for property damage and for personal injuries because those are different primary rights.

Question 4

issue preclusion

collateral estoppel

Answer 4

Issue was litigated in Case 1. Same issue comes up in Case 2. We will not allow the issue to be relitigated in Case 2 if issue preclusion applies.

Question 5

issue preclusion

requirements

Answer 5

1. Case 1 ended in a valid judgment on the merits
2. The same issue was actually litigated and determined in Case 1.
3. That issue was essential to the judgment in Case 1 (finding on this issue was the basis for the judgment)
4. Against whom can issue preclusion be asserted? Only against somebody who was a party to case 1 (or in privity with a party)

Question 6

issue preclusion

Who can assert issue preclusion?

Answer 6

Issue preclusion can be asserted by someone who was a party to Case 1.
If someone who as not a party to Case 1 tries to use issue preclusion in Case 2, it is called nonmutual issue preclusion.
Nonmutual defensive issue preclusion
Nonmutual offensive issue preclusion