class 16 respect for judgements

Question 1

claim preclusion

Answer 1

Basic Rule: A valid, final judgment precludes relitigation of the same claim between the same parties.
Forbids a party from relitigating a claim that was or should have been raised in former litigation.
P could not bring a second suit against D, now alleging battery in the same car accident.
Only bars claims by those who were parties to the previous litigation, and will sometimes bar claims or defenses which were not even raised in the previous litigation.
“Res judicata” is another term for claim preclusion

Question 2

issue preclusion

Answer 2

bars a party from relitigating a particular issue that was decided in former litigation.
It is both narrower (only an issue is precluded) and broader (may apply to litigants who were not parties to prior litigation)
“Collateral estoppel” is another term for issue preclusion
P sues D for second car accident. P argues again that D should have been wearing glasses.
D may argue that issue has already been decided against P.

Question 3

Policy Behind Doctrine of Claim Preclusion

Answer 3

Bars the “same claim” from relitigation

Purposes of doctrine: finality, efficiency, preventing inconsistency

Question 4

“The SAME CLAIM”. Restatement 2d Judgments Sec. 24:

Answer 4

(1) A valid and final judgment rendered in an action extinguishes the plaintiff’s claim, including all rights of the plaintiff to remedies against the defendant with respect to all or any part of the transaction, or series of connected transactions, out of which the action arose.
(2) What factual grouping constitutes a “transaction”, and what groupings constitute a “series”, are to be determined pragmatically, giving weight to such considerations as whether the facts are related in time, space, origin, or motivation, whether they form a convenient trial unit, and whether their treatment as a unit conforms to the parties’ expectations or business understanding or usage.

Question 5

Rule 13(a): Compulsory Counterclaim.

Answer 5

A pleading must state as a counterclaim any claim that – at the time of its service – the pleader has against an opposing party if the claim:
Arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim; and
Does not require adding another party over whom the court cannot acquire jurisdiction
p. 719 Note 1