Finality

Question 1

What is Res Judicata?

Answer 1

Rule that states that claims which have been fully and fairly litigated on the merits to a judgment cannot be re-litigated by the parties

Question 2

What is collateral estoppel?

Answer 2

Issue which has been fully and fairly litigated as part of a final judgment on the merits cannot be re-litigated by the parties

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.