Finality

Question 1

What is Res Judicata?

Answer 1

claim preclusion:

1. you cannot relitigate claims,
2. you cannot litigate claims that arise out of the same set of facts and circumstances you have already litigated

Question 2

What is collateral estoppel?

Answer 2

issue preclusion: cannot relitigate issues essential to the final decision

Question 3

What is the Finality Rule?

Answer 3

Parties are barred from re-litigating claims or issues which they have already litigated to a final judgment on the merits.

Question 4

AG’s office brings a consumer fraud action against Leadtoys, Inc. A final judgment on the merits is entered against Leadtoys. The next day, a consumer files an action against Leadtoys alleging the same fraud. Can Leadtoys relitigate the same issue of fraud against the consumer’s suit?

Answer 4

No. Collateral estoppel.

Question 5

elements for res judicata

Answer 5

1) same parties and privies;
2) Same Cause of action;
3) final judgment on the merits in the first cause of action.

Question 6

collateral estoppel elements

Answer 6

1) issues are identical;
2) A final judgment on the merits in previous adjudication;
3) The party against whom estoppel is asserted must have been a party or in privity with a party to the prior adjudication.

Question 7

What res judicata bars

Answer 7

not only matters that were

actually litigated in the prior case, but also all matters that should or could have been litigated.

Question 8

Reason for res judicata

Answer 8

The rule is founded upon
the principle that litigation should have an end
and that no person should be unnecessarily
harassed with the multiplicity of suits.

Question 9

what does res judicata bar?

Answer 9

1. claims that have are ready been litigated and

2. any claims that could or should have litigated in a prior case

Question 10

what does collateral estoppel bar?

Answer 10

bars re-litigation of issues of ultimate facts (conclusions of fact from evidence made by jury) that have been determined by valid and final judgment

Question 11

issue

Answer 11

legal or factual questions that a court must answer before deciding a case

Question 12

claim example

Answer 12

BIll harmed my by breaching our contract

Question 13

issue example

Answer 13

did bill and dave have a contract?

Question 14

claim

Answer 14

assertion that one is entitled to relief from the court for a reason