Judicial Findings + Claim & Issue Preclusion

Question 1

When must a judge make separate findings of fact and conclusions? (aka must express the factual findings separately from the court’s conclusions of law)

Answer 1

A federal case tried under a bench trial

Question 2

What does Claim and Issue Preclusion look like?

Answer 2

• 2 consecutive suits involving 2 different court systems
• one litigant is present in both suits
• You will need to consider whether court A is state or federal REGARDLESS what court B is.