Preclusion Flashcards
1
Q
3 requirements for claim preclusion
A
1) There must have been Final Judgement on merits
2) Second suit is between same parties
3) Relitigation of sufficiently identical claim or action
2
Q
Installment sales
A
Can always sue for a later owed debt again because you cannot sue for a debt until it is due
3
Q
3 requirements for issue preclusion
A
1) Same issue of facts must arise in two suits
2) The issue was actually and necessarily decided in the first suit by a valid and binding judgment (default judgement does not count)
3) The party to be precluded must have been a party to the first suit
