Preclusion

Question 1

Preclusion is the doctrine that limits the relitigation of issues and claims. The two kinds of preclusion are:
(1) _______________
(2) _______________

Answer 1

(1) claim preclusion
(2) issue preclusion

Question 2

Another name for preclusion is “__________.”

Answer 2

res judicata

Question 3

Claim preclusion includes the doctrines of ______ and ___.

Answer 3

merger . . . bar

Question 4

Merger applies to judgments for _________. It provides that a _____________ judgment for plaintiff (a) prevents plaintiff from suing again, except in a collection action on the judgment, and (b) bars defendant’s defenses in an action on the judgment.’

Answer 4

(1) plaintiff
(2) valid and final

Question 5

Bar applies to judgments for _________. It provides that a judgment for defendant _______________________ on the same claim.

Answer 5

(1) defendant
(2) bars another action by plaintiff

Question 6

The elements of claim preclusion are:
a. _________
b. ___________
c. ______________________

Answer 6

(1) same claim
(2) same parties
(3) valid and final judgment

Question 7

Claim preclusion does not apply to certain actions, including:

a. Dismissal on grounds of ____________, _____, or ____________
b. _______________________
c. Where preclusion is _________________
d. ___________ courts (in some jurisdictions)

Answer 7

(1) jurisdiction, venue, or party joinder
(2) nonsuit without prejudice
(3) denied by statute
(4) Small Claims

Question 8

Issue preclusion is also known as __________________.

Answer 8

collateral estoppel

Question 9

Issue preclusion does not apply to whole lawsuits, but to:
a. issues of _________
b. that were _________________
c. that ended in a ____________________,
d. where determination of that issue was _________ to the judgment, and
e. where the judgment is ____________________

Answer 9

(1) law or fact
(2) actually litigated
(3) valid and final judgment
(4) essential
(5) binding on the party being estopped

Question 10

Issue preclusion no longer requires ________________. This is also known as “offensive collateral estoppel.” It means that a person who was not a party to the first lawsuit can use the results of that action against any person who (a) was a _____ and (b) had a _______________________________.

Answer 10

mutuality of parties
(1) party
(2) full and fair opportunity to litigate