Preclusion Flashcards
What is the doctrine of claim preclusion (res judicata)?
Once a final judgment on the merits is entered in a particular cause of action, the claimant is barred from trying the same cause again in a later suit i
What preclusion law is applied if the first and second claims are tried in different judicial systems?
The preclusion law of the system that tried the first case
What are the basic requirements for claim preclusion to be applied?
(1) Case 1 and Case 2 must be brought by the same claimant against the same defendant
(2) Case 1 ended in a valid final judgment on the merits
(3) In the majority and federal view, the cases asserted the same claim (right to relief arising from the same transaction/occurence)
What is the minority view for which claims are precluded?
Property damage and personal injury claims, even arising from the same transaction or occurrence, are different and don’t preclude each other because they assert different primary rights
What is issue preclusion (collateral estoppel)?
A final judgment for the plaintiff or defendant is conclusive on an issue in a subsequent action
What are the requirements for issue preclusion?
(1) the first case ended in a valid final judgment on the merits
(2) the same issue sought to be precluded in Case 2 was actually litigated and essential to (basis of) the judgment in case 1
Against whom may issue preclusion be asserted?
Only against someone who was a party to Case 1 or in privity with a party to case 1
What is privity in issue preclusion?
Someone is in privity with a party in case 1 when that party represented their interests (the class representative, for example, represents the other class members who are bound though they are not parties)
Who can assert issue preclusion?
Always by someone who was a party in the previous case (the traditional mutuality rule) and in certain circumstances by someone who was not (nonmutual issue preclusion)
What are the two types of nonmutual issue preclusion?
Defensive (not a party in the first case and the defendant in the second case)
Offensive (not a party in the first case and the plaintiff in the second case)
When is defensive nonmutual issue preclusion allowed?
When someone is using nonmutual issue preclusion to avoid liability, they are often allowed to do so – fairness to the party being bound will be considered (did they have a chance to fully litigate it in the first case, an incentive to litigate it strongly, inconsistent findings, could you have been joined in the first case?)
When is offensive nonmutual issue preclusion allowed?
it is generally not allowed for a plaintiff to use nonmutual issue preclusion to obtain relief, though not impossible where it is fair and equitable under the circumstances
On whom is an in rem judgment binding?
All persons if proper notice given
On whom is a quasi in rem judgment binding?
The rights of the parties only in the specific property before the court
