Preclusion Flashcards
1
Q
preclusion
A
Preclusive effect will be given that prevents a party whose case already received a judgment on the merits from litigating those same matters in another case.
2
Q
Claim preclusion
A
- Case 1 and Case 2 were brought by the same claimant against the same defendant.
- Case 1 ended in a valid judgment ON THE MERITS
(any judgment is on the merits unless based on jdx, venue, indispensable parties)
- Care 1 and Case 2 asserted the SAME CLAIM.
(A claim is any right to relief arising from a transaction/occurrence)
3
Q
Issue Preclusion
A
A final judgment for P or D is conclusive in a subsequent action on a different cause of action
between the same parties
as to issues actually litigated and
Essential to the Judgment in the first action