Preclusion Doctrines

Question 1

Claim Preclusion

Carter v. Hinkle

Answer 1

The “primary rights” test - claim available for each primary right violated

Question 2

Single wrongful act test

Answer 2

Look to the action of the defendant - whatever torts flowed from that action would be precluded in furutre cases

Question 3

Rest. 2d § 24

Answer 3

Any part of the transaction out of which the action arose

Question 4

Taylor v. Sturgell

Answer 4

Six exceptions where claim preclusion can be applied with different parties
1. Person agrees to be bound by judgment
2. Substantive legal relatinship between 1st and 2nd plaintiff
3. Adequately represented (see Mullane)
4. If nonparty “assumed control” over litigation
5. Litigation by proxy
6. Certain statutory schemes

Question 5

5 questions for issue preclusion

Answer 5

Do we have confidence?
1. Was the issue litigated and determined?
2. Was the issue essential to the judgment?
3. Was holding on that issue embodied in a final valid judgment?
4. Against whom may preclusion be asserted?
5. By whom may preclusion be asserted?

Question 6

Cromwell v. County of Sac

Answer 6

Was the issue ofthe ownership of the coupon litigated and determined? Because there were multiple coupons, ownership of each coupon can be litigated

Question 7

Rios v. Davis

Answer 7

The issue of one of the parties negligence was NOT essential to the judgment, therefore no preclusion

Question 8

Parklane Hosiery Co. v. Shore

Answer 8

Split - litigant that was not party in prior judgment may use that judgment offensively if litigant could not have easily joined first action and use of the judgment will not result in unfairness to defendant