issue preclusion

Question 1

what is issue preclusion aka collateral estopel

Answer 1

prevents a party from relitigating an issue that was already litigagted and adjudicated in a prior lawsuit

Question 2

what are the elements of claim preclusion 7

Answer 2

1. a prior litigation
2. btwn the same parites or their privies (via taylor)
3. a right, fact or issue
4. was actually litigated and
5. ACTUALLY decided
6. in a valid, final judgment( not necessarily on the merits) and
7. was necessary to that final judgment

Question 3

would a default jumgnet work for claim precluion and issue preclsion

Answer 3

since a default judmgnet is not acutally litigated, its just procederal on the merits

so it would work for claim, not for issue

Question 4

O’NEAL – the misfired gun case

the ds argued issue preclusion as it had been sued on the issue already

P had to draw from cases already litigated against the D

what was wrong with each case and why didnt issue precusion apply for each one

Answer 4

Issue preclusion bars the relitigation of issues argued and decided in a prior proceeding.

lewey: the case was remanded so missing final judmgnet element

campbell - the ruling from the jury was not specfic enough for the court to say whehter issue preculsion

collins – missing element three becuase it was not the exact same issue, but very simialr

Question 5

what is offensive issue preculsion ? does it require mutual

Answer 5

occurs when the party who initiates the lawsuit/claim raises collateral estoppel against the defendant in a previous case. Offensive issue preclusion generally does require mutuality; meaning it can only be used by parties to the initial lawsuit,