Preclusion

Question 1

What are the types of prclusion?

Answer 1

1. claim preclusion (a.k.a. - res judicia)
2. issue preclusion )a.k.a. - collateral estoppel)

Question 2

What is claim preclusion & its elements

Answer 2

• Bars claimants from relitigating a claim they already lost
• ELEMENTS:
  
  • need the same ptys on the same side they were in the original suit
  • the claim arise out of the same ToO underlying the prior suit
  • need a valid final judgment on the merits
    
    • final - so long as the ct had PJ over the Ds
    • on the merits - involved an inquiry into the merits of Ps claims
      
      • NOT ON MERIT - dismissal for lack of PJ, SMJ or Venue, dismissal e/o prejudice

Question 3

What relationship does claim preclusion have to the compulsory counterclaim rule?

Answer 3

• not the same
• does not bar a lawsuit between the same parties on the same issue when the ptys are now on the opposite side of the “v” as the prior suit
  
  • HOWEVER - the compulsory counterclaim rule bars this if it arises out of the same ToO

Question 4

what is issue preclusion?

Answer 4

• Bars the relitigation of issues
  
  • even in cases not involving the same ptys
• ELEMENTS
  
  • the issue must have be litigated & determined in the prior suit
    
    • not enough an issue was decided or stipulated to be true
  • the issue must have been essential to the judgment
    
    • if it is a merits issue - that if decided the opposite way would change the result of the case
  • the prior suit must have ended on a valid final judgment on the merits
  • the pty against whom preclusion is asserted must of had a full & fair oppty as well as incentive to litigate the issue in the 1st suit

Question 5

How do special verdicts effect issue preclusion?

Answer 5

they explicitly define the issue, how it was decided & the essential judgment