Preclusion

Question 1

Claim preclusion (res judicata)

Answer 1

Basic idea: Q is whether judgment already entered precluded litigation of any matters in another case

1. Claim preclusion (res judicata): You only get to sue on a claim once. Requirements:

1. Case 1 and Case 2 were brought by the same claimant against the same D
2. Case 1 ended in a valid judgment on the merits. Judgment on the merits unless based on:
   
   1. jurisdiction
   2. venue
   3. indispensable parties
3. Case 1 and Case 2 asserted the same “claim”

• Maj view: a claim is any right to relief arising from a T/O
• Min view: there are separate claims for property damage and personal injuries bc different “primary rights”

Question 2

Issue preclusion (collateral estoppel)

Answer 2

Narrower. An issue litigated in Case 1. The same issue comes up in Case 2. But if issue preclusion applies, will not allow the issue to be relitigated in Case 2. Requirements:

1. Case ended in a valid, final judgment on the merits
2. The same issue was actually litigated and determined in Case 1
3. The issue was essential to judgment in Case 1
4. Against whom: can be asserted only against somebody who was a party to Case 1 or rep by party
5. By whom: only by one who was a party in Case 1. Not required in due process, some cts have rejected it to allow “nonmutual” assertion of issue preclusion
   
   1. Nonmutual defensive issue preclusion - one using was not party in Case 1 and is a D in Case 2
   2. Nonmutual offensive issue preclusion - one using it was not a party in Case 1 and is the P in Case 2