Claim and Issue Preclusion

Question 1

Preclusion amongst different judicial systems

Answer 1

Court in Case 2 applies preclusion law of judicial system that decided Case 1

Question 2

Claim Preclusion and Requirements

Answer 2

Claimant may sue only once to vidicate a claim. You only get one case in which to seek recovery for all rights to relief for that claim.

1) Same claimaint suing same defendant
2) Case 1 ended with Valid final judgment on the merits
3) Same claim
——majority view: same t/o
——minority view: seperate claims for property damage and personal injuries

Question 3

Issue Preclusion and requirements

Answer 3

Narrower than claim. ISSUE litigated in Case 1, then brought up in Case 2. Can’t be relitigated.

1) Case 1 ended in valid final judgment on merits
2) Same issue actually litigated and determined in case 1
3) Issue was essential to judgment in case 1 (basis of judgment)
4) Used AGAINST somebody who was a party in case 1 OR in privity
5) Used BY someone party or in privity in case 1 UNLESS nonmutual issue preclusion applies

Question 4

Privity meaning

Answer 4

A party to case 1 represented someone who was not a party to case 1 (like class action)

Question 5

Nonmutual DEFENSIVE issue preclusion

Answer 5

Person using issue preclusion was:
1) not a party to Case 1 and
2) is the D in case 2

THIS IS OKAY

Question 6

Nonmutual OFFENSIVE issue preclusion

Answer 6

Party using issue preclusion was:
1) Not a party in case 1 and
2) is the P in case 2

NOT ALLOWED IN MOST STATES, but some states base off fairness factors:
1) Party had full and fair oppurtunity to litigate in Case 1
2) party to be boound had strong incentive to litigate case 1
3) party asserting could have easily joined Case 1
4) No inconsistent findings on the issue