Claim/Res and Issue/CE Preclusion

Question 1

Res judicata (claim preclusion)

Answer 1

MeSS (Merits Same claim Same parties)

1. Final judgement on merits;
2. Same claim;
3. Same parties or privies.

Question 2

Collateral estoppel (issue preclusion)

Answer 2

MeLEFFO (Merits Litigated Full Fair Opportunity)

1. Final judgement on merits;
2. Actually litigated;
3. Essential to judgment; and
4. Full and fair opportunity to litigate (party against whom CE is asserted)