PRECLUSION

Question 1

What is Preclusion?

Answer 1

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

Question 2

What are the steps to Preclusion?

Answer 2

1. What Law Applies?
2. Was the Law Federal or State?
3. What kind of Preclusion are we applying?
4. If Issue Preclusion, and not same parties as Case 1?

Question 3

What Law Applies in Preclusion?

Answer 3

The Court in Case 2 applies the Preclusion Law that decided Case 1

Question 4

When do we apply Federal Law in Preclusion?

Answer 4

1. When Case 1 applied Federal Law
2. Federal Question

Question 5

When do we apply State Law in Preclusion?

Answer 5

1. If Case 1 was decided in State Court, apply State law in Case 2
2. Diversity Jurisdiction: If Case 1 was in court based on Diversity, judge uses State Law in Case 2

Question 6

What is Claim Preclusion (RES JUDICATA)

Answer 6

Prohibits Relitigation of the same CLAIM or cause that has already been decided by the court

Question 7

What are the Requirements for Claim Preclusion?

Answer 7

1. Identical Claims
2. Identical Parties
3. Valid and Final Judgement
4. On the Merits

Question 8

What is the Identical Claim under Claim Preclusion?

Answer 8

When the claims are arising under the same transaction or occurrence

Question 9

What is the Identical Parties under Claim Preclusion?

Answer 9

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

Question 10

What is the Valid and Final Judgement in Claim Preclusion?

Answer 10

Valid= requires that there was personal jurisdiction over the Defendant

Final = Requires a final decision (nothing left for the court to do)

Question 11

What is On the Merits in Claim Preclusion?

Answer 11

Needs to be decided on a claim or defense

Cannot be something that was decided on technical grounds like (SMJ, PJ, Venue)

Question 12

What is Issue Preclusion? (COLLATERAL ESTOPPEL)

Answer 12

Prohibits Relitigation of specific issues within a claim that was already litigated and decided

Question 13

What are the requirements for Issue Preclusion?

Answer 13

1. Same Issue as Prior Lawsuit
2. Issue was actually litigated and decided
3. Issue must be Essential to the judgement
4. Valid and Final Judgement on the Merits

Question 14

What “Same Issue as Prior Lawsuit” in Issue Preclusion?

Question 15

What is “Issue was actually litigated and decided” in Issue Preclusion?

Answer 15

Issue must have been raised, argued and considered by the court earlier

Court must have ruled on the issue in the prior case

Question 16

What is “Issue must be Essential to the Judgement”?

Answer 16

Must have been outcome determinative

Judgement must depend on the issue of the fact decided

Question 17

What is Non-Mutual Issue Preclusion?

Answer 17

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

Question 18

What is Non-Mutual Defensive Issue Preclusion?

Answer 18

• 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

Question 19

What is Non-Mutual Offensive Issue Preclusion?

Answer 19

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

2. Preclusion would be unfair to the Defendant (they didn’t have a fair opportunity to litigate)