Preclusion

Question 1

Claim preclusion (Res judicata

Answer 1

1) Claim in suit 2 arises from the same transaction or occurrence underlying suit 1

2) suit 2 is between the same parties as suit 1

3) Suti 1 ended on a final judgment on the merits
valid = court had jurisdiction

Final = order that completely disposes of the case
On the merits = non merit judgments are based on SMJ, PJ, or venu

Question 2

Issue preclusion

Answer 2

VA distinction: Va does not permit nonmutual issue preclusion, (both have to be same parties unlike federal)

1) issue in suit 2 is the same as in suit 1

2) suit 2 is between the same parties

3) suit 1 ended in a valid final judgment on the merits

4) issue in suit 2 must have been fully litigated and decided in suit 1, and essential the the judgment in that suit