civ pro final

Question 1

Claim Preclusion

Answer 1

1) SAME CLAIM:
- –“same transaction/occurrence test”: include matters related in time, space, origin, and motivation, must be litigated in a single initial lawsuit, or be barred from being raised in subsequent litigation [CITY OF VANDALIA]

2) SAME PARTIES
- -individuals that are in privity w/ some party; final judgments are conclusive as to parties and their privies

3) AFTER A FINAL JUDGMENT
4) AFTER A FINAL JUDGMENT “ON THE MERITS”

Question 2

6 Exceptions to being bound; Claim Preclusion

Answer 2

i. Substantive legal relationship (successor interest)
ii. Express agreement to be bound by a decision to which one is not a party
iii. Procedural representation/Adequate representation (class action, guardians at litem, trustees)
iv. A party assuming control over prior litigation
v. Party who loses individual suit then sues as the representative of a class
vi. Special Statutes (bankruptcy, probate) expressly forecloses successive litigation by non-parties [Taylor v. Sturgel]

Question 3

Issue Preclusion:

Answer 3

1) An issue of fact or law is
2) Actually litigated and determined by
3) A valid and final judgment, and
4) The determination is essential to the judgment, and
5) The would be victim of issue preclusion had an adequate opportunity and incentive to litigate the issue

Question 4

Non-Mutual Offensive Issue Preclusion (FAIRNESS FACTORS)

Answer 4

1) Did P have an opportunity to join/intervene in Case #1?
2) Did D, in Suit 2, have an incentive to litigate the issue fully and vigorously in Suit 1?
3) Are there multiple, inconsistent prior judgments?
4) Are there procedural opportunities available to D in suit 2 that were not available to D in suit 1?

Question 5

Same Claim (Claim Preclusion Rule)

Answer 5

same transaction/occurrence test: include matters related in time, space, origin, and motivation, must be litigated in a single initial lawsuit, or be barred from being raised in subsequent litigation [CITY OF VANDALIA]

Question 6

Doctrine of Equitable Estoppel (Zeilinski)

Answer 6

principles of equity require that defendant be estopped from denying agency because otherwise, its inaccurate statements and statements in the record which it knew or had the means of knowing within its control were inaccurate, will have deprived plaintiff of his of action