Issue and Claim Preclusion Flashcards
What is absolutely required for issue and claim preclusion?
These issues will only arise when there is two lawsuits.
What is Res Judicata?
Also known as Claim preclusion. This occurs when the same plaintiff sues the same defendant for the same event for either another claim or in another jurisdiction. The second lawsuit will be barred by the doctrine of res judicata because the party already recovered under this set of operative facts.
What is the series of events leading up to a claim of res judicata?
1) First lawsuit is filed;
2) There is a valid, final judgement on the merits of the claim;
3) Both parties are the same in the second lawsuit as the first;
4) the same operative facts and issues are present in the second lawsuit as the first lawsuit.
What is the interplay between Res Judicata and Vicarious Liability?
Res Judicata does apply in cases of vicarious liability. If in the first lawsuit, it is found that the employees were not liable for the injury of the plaintiff, then i the plaintiff brings a second lawsuit against the employer, the second claim will be barred by res judicata because if the employees cannot be liable, then the employer cannot be liable because of vicarious liability.
What is collateral estoppel?
In certain circumstances, a prior court decision is binding on another party because of a prior court decision in the same area and with the same operative facts. As opposed to res judicata, there is no requirement of mutuality of parties, only one party must be the same. but the issue must mirror each other from case one to case two.
What type of collateral estoppel is this?
P v. D1 - P loses; could not prove ownership of goods allegedly converted.
P v. D2 - D2 asserts collateral estoppel against P on property ownership issue.
This is an example of defensive collateral estoppel because the defendant is using it. There is not a requirement of mutuality of parties. This is collateral estoppel because the property issue has already been decided in a prior case.
What is required for collateral estoppel?
1) The issue must be identical in the second action as the first action;
2) The issue must have been litigated and decided in the first case;
3) The issue litigated and decided in case 1 must have been vital to the decision;
4) The parties do not need to be mutual, but one party must be the same in both cases.
What type of collateral estoppel is this and why?
Bus accident with 10 passengers - 10 potential plaintiffs
P1 v. D on negligence - Court holds for P1.
P2 v. D on negligence - Is this case over?
Although P2 can assert a claim of Non-Mutual offensive collateral estoppel, they may not win. The court will be hesitant to hold against a defendant in this case because the important factors may differ. Such as the severity of the injuries, locations, etc.
How do varying standards of proof impact collateral estoppel?
Courts will not use collateral estoppel when the first case requires a lower standard o proof than the second case. But, when the second case requires a lower standard of proof than the first, the courts will use collateral estoppel.
Example:
Case 1 - Criminal = Beyond a reasonable doubt;
Case 2 - Civil = Preponderance of the Evidence
The court may use collateral estoppel in the civil case because the issue has already been decided at a higher standard of proof.
