Claim and Issue Preclusion

Question 1

The doctrine of claim preclusion (res judicata) provides that a ____ judgment on the merits of an action precludes the parties from ______ litigation of an identical claim in a subsequent action.

A ____ court is required to give a federal judgment the same preclusive effect that the judgment would have in federal court.

Claim preclusion requires that (i) there was a ____, ____ judgment on the merits in the first suit, (ii) the second suit be between the ____ parties or their privies, and (iii) the second suit involve the same ____ or cause of action.

Answer 1

The doctrine of claim preclusion (res judicata) provides that a final judgment on the merits of an action precludes the parties from successive litigation of an identical claim in a subsequent action.

A state court is required to give a federal judgment the same preclusive effect that the judgment would have in federal court.

Claim preclusion requires that (i) there was a valid, final judgment on the merits in the first suit, (ii) the second suit be between the same parties or their privies, and (iii) the second suit involve the same claim or cause of action.

Question 2

A settlement is a final, valid _____

Answer 2

A settlement is a final, valid judgment.

Question 3

Issue preclusion requires

(i) the party against whom the issue is to be _____, or one in privity with that party, must have been a party to the first suit,
(ii) the _____ issue must arise in both suits (i.e., the facts relevant to the particular issue and the applicable law must be identical),
(iii) the issue must have been actually and necessarily decided in the first suit (essential to the judgment), and (iv) a valid, ____ judgment on the merits.

Answer 3

Issue preclusion requires

(i) the party against whom the issue is to be precluded, or one in privity with that party, must have been a party to the first suit,
(ii) the same issue must arise in both suits (i.e., the facts relevant to the particular issue and the applicable law must be identical),
(iii) the issue must have been actually and necessarily decided in the first suit (essential to the judgment), and (iv) a valid, final judgment on the merits.

Question 4

If the issue is not actually litigated, issue preclusion would not apply to _____ the action.

Answer 4

If the issue is not actually litigated, issue preclusion would not apply to bar the action.

Question 5

under 28 U.S.C. § 1738, federal courts must also give full faith and credit to ______ ______ judgments. The requirement of full faith and credit extends to the res judicata effect of the original state-court judgment.

Answer 5

Under 28 U.S.C. § 1738, federal courts must also give full faith and credit to state-court judgments. The requirement of full faith and credit extends to the res judicata effect of the original state-court judgment.