Claim and Issue Preclusion

Question 1

What is the other name for claim preclusion?

Answer 1

Res Judicata

Question 2

Claim Preclusion Rule

Answer 2

A claim that has been fully and fairly litigated to a final judgment on the merits cannot be re-litigated by the parties

Question 3

Claim Preclusion Elements

Answer 3

1. Same Claim: from the same transaction or occurrence
2. Same parties: must be the same parties or in privity
3. Final Judgment
4. On the Merits

Question 4

Does a plaintiff have to join together unrelated claims against the same defendant?

Answer 4

No

Example: if P has a claim of negligence and fraud against the same D, can bring as separate lawsuits

Question 5

What is considered “on the merits”

Answer 5

1. a full trial
2. a dismissal with prejudice
3. claims decided on motion for summary judgment or judgment as a matter of law
4. default and consent judgments

Question 6

What is not considered “on the merits”?

Answer 6

1. Dismissal without prejudice
2. Dismissal for improper venue
3. Dismissal for lack of personal or subject-matter jurisdiction

Question 7

When must res judicata be raised?

Answer 7

In the first responsive pleading or else it is waived and the party will be forced to defend on the merits.

Question 8

Define: Full Faith and Credit Clause

Answer 8

Requires that all judgments from state courts be given the same effect in any other court as if they would be given in the state in which they were handed down.

Question 9

When is appealing proper and Res Judicata not?

Answer 9

1. Wrongful Exclusion of Evidence
2. Change in Law

Question 10

What is another name for Issue Preclusion?

Answer 10

Collateral Estoppel

Question 11

Define: Issue Preclusion

Answer 11

Issues that were actually litigated and decided and essential to the judgement in the first action cannot be litigated again.

Question 12

Elements of Issue Preclusion

Answer 12

1. Same issue
2. Actually litigated - therefore does not apply in a default or consent judgment)
3. The issue must have been actually decided in that action
4. Decision must have been necessary to the court’s judgment

Question 13

Define: Non-Mutual Collateral Estoppel

Answer 13

allows a new party to invoke collateral estoppel against a party who litigated and lost on an issue in a prior action

Question 14

Defensive Non-Mutual Estoppel

Answer 14

P sues D #1; Plaintiff loses; P then sues D #2 for same issue; D #2 pleads collateral estoppel as a defense

Question 15

Offensive Non-Mutual Estoppel

Answer 15

P #1 sues D and P #1 wins; P #2 sues D and uses collateral estoppel to prove her claim

**Michigan does not recognize this**