Finality and Preclusion

Question 1

Claim Preclusion a/k/a ?

Answer 1

Res judicata

Question 2

Issue Preclusion a/k/a ?

Answer 2

Collateral estoppel

Question 3

Purpose of claim preclusion

Answer 3

Avoid repetitive litigation
certainty and finality of judgment for parties
efficiency of courts

Question 4

Claim preclusion elements

Answer 4

-Case ended on valid final judgment on the merits
-same claimant against same defendant
-same claim (including compulsory claims not brought)
Claim = same TOO

Question 5

Issue preclusion elements:

Answer 5

When an issue of fact or law is:

• actually litigated and determined
• by a valid and final judgment; and
• issue was is essential to the judgment
• against whom collateral estoppel is being used (or privy)
• by whom? mutual or non mutual party

Question 6

on the merits

Answer 6

not necessarily “litigated” any judgment w/prejudice
(can’t have been dismissed for improper jurisdiction, venue or indispensable parties)
discovery, sanctions & failure to prosecute dismissals are deemed to be o the merits

Question 7

Merged

Answer 7

When claimant won, claim “merged” into judgment

Question 8

Barred

Answer 8

when claimant lost, claim became “barred”