Claim Preclusion & Issue Preclusion

Question 1

Claim Preclusion (Res Judicata)

Answer 1

Precludes the parties from subsequently re-litigating any claim that was/could’ve been raised in that action.

Elements:

1) parties are identical/in privity
2) judgment by court of competent jurisdiction,
3) final judgment on the merits,
4) same claim involved (arises out of same transaction or occurrence)

In CA, claim preclusion may only be used when all appeals are exhausted.

Question 2

Issue Preclusion (Collateral Estoppel)

Answer 2

Precludes a party from relitigating an issue if there was a final judgment by a court of competent jurisdiction.

May be invoked if:

1) valid & final judgment
2) issue is identical
3) issue was actually litigated, determined & essential
4) party had full and fair aopportunity to litigate