Claim and Issue Preclusion

Question 1

The doctrines of claim preclusion and issue preclusion prohibit

Answer 1

re-litigation of certain claims and issues

Question 2

Res judicata (claim preclusion) prohibits

Answer 2

re-litigation of claims that were or could have been litigated in prior actions

Question 3

A party asserting claim preclusion (res judicator) in the second action must show that:

Answer 3

1. there was a valid and final judgment in the first action
2. the judgment in the first action was on the merits, and
3. the same cause of action was involved in both actions

Question 4

Claim preclusion applies only of the same ______ were involved in both actions.

Answer 4

parties

Question 5

Under the transaction test, claims are a part of the same cause of action if

Answer 5

they arose from the same transaction or series of transactions and could have been raised in the prior litigation

Question 6

issue preclusion (collateral estoppel)

Answer 6

prohibits re-litigation of issues of fact or law that have been litigated and determined in prior actions

Question 7

A party asserting issue preclusion (collateral estoppel) in the second action must show that:

Answer 7

1. the issue sought to be raised is identical to an issue of fact or law that was before the court in the first action
2. the issue was actually litigated in the first action,
3. the issue was necessary to the final judgment
4. there was a valid and final judgment rendered on the issue in the first action, and
5. the party against whom claim preclusion is asserted had a full and fair opportunity to litigate the issues in the prior action

Question 8

In determining whether a party may assert issue preclusion (collateral estoppel), some courts distinguish between ______ and _______ issue preclusion

Answer 8

offensive; defendsive

Question 9

________ issue preclusion is the term used when a defendant seeks to preclude a plaintiff from re-litigating an issue that the plaintiff litigated in a prior action

Answer 9

defensive

Question 10

__________ is usually permitted, because it promotes judicial economy by prohibiting an unsuccessful plaintiff from repeatedly brining the same unsuccessful claim against new defendants

Answer 10

defensive issue preclusion

Question 11

offensive issue preclusion

Answer 11

when a plaintiff seeks to preclude a defendant from re-litigating an issue that the defendant litigated in a prior action

Question 12

__________ is usually not permitted, because it may increase, rather than decrease litigation

Answer 12

offensive issue preclusion

Question 13

Federal district courts have broad discretion to apply to non-mutual, offensive collateral estoppel on a case-by-case basis, and will consider factors such as:

Answer 13

1. whether the defendant had a reasonable incentive to full litigate the issue in the prior action
2. whether the plaintiff could have joined or intervened in the prior action and chose not to do so to gain a tactical advantage in the later action, and
3. whether there are procedural opportunities available to the defendant in the current action that were not available in the prior action that might make a difference in the outcome of the current action

Question 14

full faith and credit

Answer 14

if a judgment is entered in one state, all other states must give the judgment the same effect it would have been given in the state where it was rendered