Claim Preclusion & Issue Preclusion

Question 1

claim preclusion (res judicata)

Answer 1

precludes a party from subsequently re-litigating any claim that was or could have been raised

Question 2

claim preclusion elements

Answer 2

claim preclusion MAY be invoked when:
1. parties are identical or in privity,
2. prior judgment was rendered by a court of competent jx,
3. final judgment on the merits in the prior action, AND
4. same claim was involved in both actions (claim arises out of the same transaction or occurrence)

Question 3

privity

Answer 3

exists when the non-party has a legally recognized relationship w/ the OG party AND would be bound by a judgment against the OG party

Question 4

issue preclusion (collateral estoppel)

Answer 4

precludes a party from attempting to retry an issue if there has been a final judgment on the merits by a court of competent jx

NOTE: generally, a non-party to a prior action MAY assert issue preclusion

Question 5

issue preclusion elements

Answer 5

issue preclusion may be invoked when:
1. valid and final judgment was rendered in the first action,
2. issue is identical to the issue decided in the prior action,
3. issue was actually litigated, determined, and essential in the prior action, AND
4. party against whom enforcement is sought had a full and fair opportunity to litigate the issue in the prior action