Effects on Judgment on Future Cases

Question 1

What is claim preclusion or res judicata?

Answer 1

once a final judgment on the merits has been rendered, the claimaint is barred from trying the same cause of action later in a lawsuit.

Question 2

What happens when the claimant wins the earlier lawsuit?

Answer 2

the cause of action is said to have been merged into the judgment.

Question 3

What happens when the defendant wins in the earlier case?

Answer 3

the claimant is barred by the earlier adverse judgment

Question 4

What are the requirements for claim preclusion

Answer 4

1) the earlier judgment is a valid, final judgment on the merits
2) the cases are brought by the same claimant against the same defendant, and
3) the same cause of action is involved in the later lawsuit

Question 5

What is issue preclusion?

Answer 5

a judgment that binds the plaintiff or defendant in subsequent actions on different causes of action between them as to issues actually litigated and essential to the judgment in the first action.

Question 6

Can a non party assert this?

Answer 6

yes, to avoid liability.

Question 7

choice of law; case 1 was decided in state court

Answer 7

then case 2 will apply that state’s claim or issue preclusion law

Question 8

choice of law; case 1 was decided in federal court

Answer 8

under its diversity jurisdiction, the SC held that the court in case two should apply federal law, however SC has also indicated that usually the federal law in such instance would be the law of the state where federal court sits.