Preclusions

Question 1

The requirements for dismissing a case based on res judicata are?

Answer 1

1. There must have been judgment on the merits in the first suit
2. The second suit must between the same parties or their successors/ interests
3. The second suit must involve the same claim.

Question 2

What situations is a decision final on the merits in regard to res judicata?

Answer 2

1. Judgment after a trial
2. Default judgment
3. Summary judgement
4. Dismissal with prejudice

Question 3

Same claim in regards to res judicata means?

Answer 3

All legal theories to recover from one defendant for harm arising out of a single transaction or occurrence.