PRECLUSION Flashcards
What is Preclusion?
Raised by a party to a lawsuit to prevent the opposing party from relitigating an issue or claim that has already been resolved in a prior case
What are the steps to Preclusion?
- What Law Applies?
- Was the Law Federal or State?
- What kind of Preclusion are we applying?
- If Issue Preclusion, and not same parties as Case 1?
What Law Applies in Preclusion?
The Court in Case 2 applies the Preclusion Law that decided Case 1
When do we apply Federal Law in Preclusion?
- When Case 1 applied Federal Law
- Federal Question
When do we apply State Law in Preclusion?
- If Case 1 was decided in State Court, apply State law in Case 2
- Diversity Jurisdiction: If Case 1 was in court based on Diversity, judge uses State Law in Case 2
What is Claim Preclusion (RES JUDICATA)
Prohibits Relitigation of the same CLAIM or cause that has already been decided by the court
What are the Requirements for Claim Preclusion?
- Identical Claims
- Identical Parties
- Valid and Final Judgement
- On the Merits
What is the Identical Claim under Claim Preclusion?
When the claims are arising under the same transaction or occurrence
What is the Identical Parties under Claim Preclusion?
Has to be the same parties in the same roles as the previous lawsuit OR
When the new party is in privity for the previous party
What is the Valid and Final Judgement in Claim Preclusion?
Valid= requires that there was personal jurisdiction over the Defendant
Final = Requires a final decision (nothing left for the court to do)
What is On the Merits in Claim Preclusion?
Needs to be decided on a claim or defense
Cannot be something that was decided on technical grounds like (SMJ, PJ, Venue)
What is Issue Preclusion? (COLLATERAL ESTOPPEL)
Prohibits Relitigation of specific issues within a claim that was already litigated and decided
What are the requirements for Issue Preclusion?
- Same Issue as Prior Lawsuit
- Issue was actually litigated and decided
- Issue must be Essential to the judgement
- Valid and Final Judgement on the Merits
What “Same Issue as Prior Lawsuit” in Issue Preclusion?
What is “Issue was actually litigated and decided” in Issue Preclusion?
Issue must have been raised, argued and considered by the court earlier
Court must have ruled on the issue in the prior case
What is “Issue must be Essential to the Judgement”?
Must have been outcome determinative
Judgement must depend on the issue of the fact decided
What is Non-Mutual Issue Preclusion?
Preclusion being brought up by someone who is not a party to Case 1
When party seeks to use a prior judgement against another party involved in earlier case, even though party invoking preclusion was not
What is Non-Mutual Defensive Issue Preclusion?
- He is the Defendant in Case 2
-To prevent Plaintiff from relitigating an issue decided in Case 1, even though he was not a party in Case 1
-Plaintiff must have had a full and fair opportunity to litigate an issue in the previous case
What is Non-Mutual Offensive Issue Preclusion?
He is the Plaintiff in Case 2
Plaintiff In Case 2 trying to prevent Defendant from relitigating an issue decided in Case 1 that the Defendant lost
Not allowed when
1. Plaintiff could have easily joined in the first case OR
- Preclusion would be unfair to the Defendant (they didn’t have a fair opportunity to litigate)
