Claim and Issue Preclusion Flashcards
1
Q
claim preclusion
A
(res judicata)
- same claim
- same parties
- final judgment on merits
2
Q
same claim
A
claims that were or could have been brought
3
Q
on the merits
A
- a full jury trial
- summary judgment
- JMOL
- dismissed w/ prejudice
- default and consent judgments
4
Q
issue preclusion
A
(collateral estoppel)
same issue is actually litigated and decided that is necessary to final judgment
- non-mutual collateral estoppel may be derfensive or offensive
