Claim and Issue

Question 1

Parklane

Answer 1

A litigant who was not a party to prior judgement may use that judgement offensively to prevent a def from re-litigating issues resolved in earlier proceeding provided that (1) P could not have easily joined earlier action and (2) use of judgement will not result in unfairness to ∆
(offensive non mutual)

Question 2

Bernhard

Answer 2

A party who was not bound by previous action may assert a plea of res judicata against a party who was bound by previous action.
(def non mutual)

Question 3

Def non mutual

Answer 3

D asserting another party’s victory against P as defense

Question 4

Offensive non mutual

Answer 4

P seeks to take advantage of another party’s victory against D to preclude D from contesting the issue of liability

Question 5

On the merits

Answer 5

default judgement
JMOL/SMJ
12b6
involuntary dismissals for failure to comply w court order

Question 6

not on merits

Answer 6

• Voluntary Dismissal without prejudice [Rule 41(a)]
• Involuntary Dismissals for lack of personal or subject matter jurisdiction, improper venue, or failure to join a party under Rule 19, or if dismissal order so states [Rule 41(b)]

Question 7

Crowmwell

Answer 7

if issue never proven to be litigated, not precluded.

Question 8

FFCC

Answer 8

judicial proceedings shall have same ff&c in every court within the US.

Question 9

what does cp do?

Answer 9

forbids the same parties to relitigate the same claims in a subsequent proceeding.

Question 10

Moitie

Answer 10

final valid judgement on the merits precludes the same parties from re-litigating that same claim even if the judgement was wrong, you are stuck w it.

Question 11

Carter

Answer 11

Minority approach - if a tort creates a property claim and a PI claim, you can separate them.

Question 12

majority

Answer 12

when claims arise from one single act must be asserted together

Question 13

24 of restatement

Answer 13

when valid final judgement rendered, claim extinguishes all rights of the P to remedies against the ∆ w respect to all or any part of the transaction or series which the action arose from

Question 14

Semtek

Answer 14

if case 1 was a case in fed court sitting in diversity, court likely will follow the state law that the court is sitting in in case 2

Question 15

benefits of cp

Answer 15

Provides repose - prevents harassment of ∆ who must incur additional costs

• Efficiency/Conserve Judicial Resources.
• Consistency/Give Effect to Judicial Authority

Question 16

8c1

Answer 16

requires issue and claim preclusion be raised or waived in pleadings. Scherer