Preclusion

Question 1

Claim Preclusion  (Res judicata)
--SLAPDOWN

Answer 1

Once a final judgment on the merits has been rendered on a particular cause of action (arising from same T/O), P is barred by res judicata from trying the same COA in a later lawsuit.

Question 2

Issue Preclusion (Collateral Estoppel)
--SLAPDOWN

Answer 2

ISSUES of fact actually litigated and essential to a judgment in a first action are conclusive in the subsequent, although different, action between P and D or their privies.

Question 3

Res Judicata – elements

Answer 3

1. Final Judgment on the Merits
2. Same PARTIES (in same CONFIGURATION)
3. Same COA
   (Fed: must assert all from same COA at once)
4. Claim COULDA BEEN litigated (or actually was)

Question 4

Collateral Estoppel – elements

Answer 4

Issues of Fact will be Conclusive in 2nd action if:

1. issues were ACTUALLY LITIGATED
2. issues were ESSENTIAL to a judgment
3. action was between P&D or their PRIVIES