Preclusion

Question 1

What is the result of RES JUDICATA (Claim)?

Answer 1

RES JUDICATA (Claim): Bars P from re-litigating the same claim.

Question 2

What are the elements of RES JUDICATA (Claim)? [fed]

Answer 2

[fed] RES JUDICATA (Claim): Bars P from re-litigating the same claim.

(1) same claim (arises out of same T&O);
(2) same parties;
(3) valid (valid as long as not void) final (final for appeal purposes) judgment;
(4) on the merits (adjudicated on subst merits of claim (not merely procedural issue).

Question 3

What are the elements of RES JUDICATA (Claim)? [CA]

Answer 3

RES JUDICATA (Claim)

1. [CA] Same cause of action. A COA = invasion of a primary right which means right to be free from harm caused by D. Each PR represents a distinct harm suffered (think of what kind of harm is being alleged).
2. same parties OR PRIVIES.
3. final judgment on the merits. Finality = conclusion of appeal or expir of time for appeal. Judgment = legal substance of claim.
4. COA in case 2 actually was or could have been litigate in case 1.

Question 4

How is the cause of action determined in CA RES JUDICATA (Claim)? [CA]

Answer 4

RES JUDICATA (Claim)
1.	[CA] Same cause of action. A COA = invasion of a primary right which means right to be free from harm caused by D. 
Each PR represents a distinct harm suffered (think of what kind of harm is being alleged).

Question 5

How is the Final judgment determined in CA RES JUDICATA (Claim)?

Answer 5

RES JUDICATA (Claim)
3.	final judgment on the merits. Finality = conclusion of appeal or expir of time for appeal. Judgment = legal substance of claim.

Question 6

What is the result of COLLATERAL ESTOPPEL (Issue):

Answer 6

COLLATERAL ESTOPPEL (Issue): Bars any pty re-litigating any issue that was actually litigated and essential to judgment.

Question 7

[FED] What are the elements of FED COLLATERAL ESTOPPEL (Issue):

Answer 7

COLLATERAL ESTOPPEL (Issue):

1) same issue (ok if COA diff – but must involve same issue);
(2) issue actually litigated and essential (does not apply if default/consented judgment – need to be clear how jury decided);
(3) by final judgment (subst ruled on (not procedural); final for appeal purposes);
(4) (a) due process – person being prec was party/privy in case 1 + (b) mutuality (focus on whether pty being prec had full opp in court to litigate issue).
i. Erie Applied/Mutuallity

Question 8

[FED] In a COLLATERAL ESTOPPEL (Issue): analysis what is the important constitutional element to consider?

Answer 8

4) (a) due process – person being prec was party/privy in case 1 + (b) mutuality (focus on whether pty being prec had full opp in court to litigate issue).
i. Erie Applied/Mutuallity

Question 9

[FED]When the claim is brought to federal court, how is it determined which law applies in COLLATERAL ESTOPPEL (Issue)?

Answer 9

i. Erie Applied: State Ct Dec = if case 1 decided by state ct - laws of state that decided case 1 will apply in case 2 (fed or state).
Diversity cases = case 2 will apply fed law (state law which fed court sits).

Question 10

[FED]When is there privity in issue preclusion?

Answer 10

Mutuality: Traditionally, only a previous pt or those in privity. Now may be…. ∞
A. Defensive non-mutual:
B. Offensive non-mutual.

Question 11

[FED] How is it determined by the court that a party is offensive non-mutual to the issue?

Answer 11

Offensive non-mutual: New P not party to 1st suit against D in 1st suit is possible, but courts are reluctant to permit. Ct will scrutinize application for fairness to ensure that: pty asserted against

(1) had full and fair opportunity to litigate,
(2) could foresee multiple suits, and the party asserting (3) could not easily have been joined in case 1, and
(4) there are no inconsistent judgments on the record.

Question 12

[CA] What are the elements of CA COLLATERAL ESTOPPEL (Issue):

Answer 12

(1) identical issue
(2) actually litigated
(3) necessary to decision (resolution of issue must have been necessary to judgment in case 1)
(4) final judgment on merits (facts = whether (1) pties were heard; (2) court issued reasoned opinion; and (3) any potential appeal has been resolved……. Default judgment IS final.
(5) party or privies (pty against whom preclusion is sought was a pty/privy in case 1).

Question 13

[CA] When is there a final judgment in CA COLLATERAL ESTOPPEL (Issue):

Answer 13

(4) final judgment on merits (facts = whether (1) pties were heard; (2) court issued reasoned opinion; and (3) any potential appeal has been resolved……. Default judgment IS final.

Question 14

[CA] What is necessary to the decision for CA COLLATERAL ESTOPPEL (Issue):

Answer 14

(3) necessary to decision (resolution of issue must have been necessary to judgment in case 1)