claim & issue preclusion

Question 1

claim preclusion

Answer 1

res judicata - affirmative defense; a party that has had an opportunity to litigate a claim cannot re-litigate that claim once final judgment has been rendered

Question 2

claim preclusion requirements

Answer 2

new claim will be precluded if:
1) same parties
2) same claim
3) final judgment on merits in original claim

Question 3

issue preclusion

Answer 3

collateral estoppel; prevents re-litigation of particular issues of fact or law that have been actually litigated and previously determined

issue must have been actually litigated

Question 4

issue preclusion requirements

Answer 4

1) final judgment on the merits
2) same issue
3) issue was essential to the judgment
4) asserted against actual party to previous case