Claim and Issue Preclusion

Question 1

Rule of the Case

Answer 1

the judge has made a ruling on the issue present once already within the action and the issue is raised again in the same action

Question 2

Res Judicata

Answer 2

claim and issue preclusion both

the concept of something already being decided by the judiciary

Question 3

Starie Decisis

Answer 3

the concept of previous rulings on how things should be decided that are followed to give stability to the legal system

Question 4

Claim Preclusion requires

Answer 4

1. Same Parties
2. same claim(same transaction or occurrence)
3. There was a judgment on the merits
4. the judgment was valid

Question 5

merge

Answer 5

when the plaintiff wins all of there claims for the same transaction or occurrence are believed to merge into the judgment that was already rendered for them

Question 6

barred

Answer 6

when the plaintiff loses the claims that could have been brought are seen as having been decided

Question 7

R. 20 exceptions to claim preclusion

Answer 7

judgment based on the prematurity of the case does not present claim preclusion because it is not considered a judgment on the merits

Question 8

R.26 exceptions to claim preclusion

Answer 8

1. the parties agreed to split the claim
2. court reserved the plaintiff a right to bring the second action
3. plaintiff is barred from seeking complete relief in the first action because of jurisdiction restraints
4. the first judgment was inconsistent with equitable application of the law
5. reoccurant wrong and the plaintiff opted to sue each time instead of all at once
6. issues of personal liberty and incoherent disposition of the case by the first judgment

Question 9

Focus of claim preclusion

Answer 9

all the claims that could have been brought, not just what was

Question 10

Focus of issue preclusion

Answer 10

only the issues that were actually adjudicated

Question 11

Issue preclusion requires

Answer 11

1. identical issue
2. actually litigated
   admissions are not actually litigated
3. valid and final judgment has been rendered
4. it was an essential issue to the original judgment
5. they are the same parties
   non-mutual preclusion doctrine may play in to overcome this

Question 12

Exceptions to Issue Preclusion

Answer 12

1. The party is unable to appeal
2. there has been an intervening change to the law
3. different courts with different qualitative procedures
4. shifts in the burden of proof
5. unforeseeability that the issue would be important in the subsequent action
6. unfair impact on non-parties
7. inability or lack of incentive to obtain a full and fair adjudication

Question 13

Nonmutual Preclusion

Answer 13

originally the concept of mutual estoppel operated such that a non-party coudl not use the judgment of a previous action against a party in that action in a second action
this has for the most part been abolished