Preclusion Flashcards
In issue preclusion, does it matter who makes the judgment, a judge or the jury?
no, either can make the judgment. All that matters is that issue was actually litigated and was essential to the judgment.
In issue preclusion, does it matter who makes the judgment, a judge or the jury?
no, either can make the judgment. All that matters is that issue was actually litigated and was essential to the judgment.
For res judicata to apply, the earlier and latter causes of action must be brought by . . .
the same claimant and the same defendant. They must be in their same roles as in the first case.
Where the claimant won the earlier lawsuit, the claim is said to be __________ into the prior judgment.
merged
Where the defendant won the earlier lawsuit, the claim is said to be __________ by the prior judgment.
barred
Where the defendant won the earlier lawsuit, the claim is said to be __________ by the prior judgment.
barred
For a party to be bound by issue preclusion . . .
(i) there must have been a final judgment; (ii) the issue must have been actually litigated and determined; (iii) the issue must have been essential to the judgment; and (iv) the party to be bound by the prior judgment must have been a party to the prior action or in privity with a party to the prior action.
Can a nonparty to the first suit argue issue preclusion in order to establish facts relevant to the nonparty’s subsequent case agains the same defendant?
Generally, no. Only parties to the original suit can claim issue preclusion in subsequent cases.
What is the exception to the rule that only parties to an original suit can later argue issue preclusion in a subsequent suit?
a court will allow a nonparty to an original suit to argue issue preclusion in a subsequent suit against the same defendant IF the court determines it is fair and equitable to allow the party to do so.
