Preclusion

Question 1

Preclusion - gral

Answer 1

• “One bite of the apple rule”
• litigants get one try of their case when there are similar parties and similar claims (SS)
• For purposes of judicial economy and finality/certainty

Question 2

Preclusion - 2 theories

Answer 2

1) Res iudicata or “claim preclusion” (bar/merger)
2) Collateral Estoppel or “issue preclusion” - (issue is actually and necessary - SAFEN)

Question 3

Preclusion - Res Iudicata - gral

Answer 3

• Prevents re-litigation of cause of action by merger or bar
• When case baed on same operative facts or transactions btwn the same parties or person with privity (non-party)
• Prior trial must have ended in final judgment on the merits (after trial)

Question 4

Preclusion - Res Iudicata - 2 types of effects - Merger

Answer 4

By merger: If P prevails in case the claim merges with judgment

• P can not sue D again for same cause action for higher dx

Question 5

Preclusion - Res Iudicata - 2 types of effects - Bar

Answer 5

By bar: If P looses , the claim is extinguished

• P can not sue D again on same cause of action to obtain different result

Question 6

Preclusion - Collateral Estoppel - Gral

Answer 6

• “Issue preclusion”
• Same parties are barred from relitigating issue that has already been determined EVEN when for different cause of action

Question 7

Preclusion - Collateral Estoppel - Requirement for “same issue” previous determination

Answer 7

• Must have been actually and necessarily litigated and decided in FINAL judgment
• DOESNT apply when issue was determined by default judgment or settlement

Question 8

Preclusion - Collateral Estoppel - SAFEN elements

Answer 8

• Same Q/facts from prior case,
• Actually at issue in litigation resulting in,
• Final binding judgment in which issue was,
• Essential, and
• Necessary to decision

Question 9

Preclusion - Collateral Estoppel - “Use by Stranger” Rule

Answer 9

• Person not party in first litigation
• Can assert estoppel on second suit AGAINST person who was part in that first suit
• -i.e. Use as defense by D previously held liable (court prefer the use as defense rather than as offensive action vs D) - HENCE ISSUE PRECLUSION

Question 10

Preclusion - Use by Privies

Answer 10

• Persons with privity of contract, estate or possession - Need close/direct/successive relation