Preclusive Effects of Judgments

Question 1

Res Judicata and Collateral Estoppel

Answer 1

To determine whether res judicator or collateral estoppel apply, the court in Case 2 applies the preclusion law of the judicial system that decided Case 1.

Question 1

Res Judicata (Claim Preclusion)

Answer 1

You only get to sue on a cause of action (or claim) once. Thus, you must seek all relief available under that cause of action in a single case or else you waive the right to go after it later.

Question 2

Res Judicata (Claim Preclusion): Three Requirements

Answer 2

1. Case 1 and Case 2 were brought by the same claimant against the same defendant. Same as under federal law.
2. Case 1 ended in a valid judgment or decree on the merits. Any judgment is on the merits unless it was based on jurisdiction, venue, or indispensable parties
3. Case 1 and Case 2 involved assertion of the same cause of action.

Question 3

Collateral Estoppel (Issue Preclusion)

Answer 3

Issue preclusion (collateral estoppel) is narrower than claim preclusion (res judicata). It precludes relitigation of an issue that was litigated and determined in Case 1. The effect is that the issues is deemed established in Case 2.

Question 4

Issue Preclusion Requirements:

Answer 4

1. Case 1 ended in a valid final judgment on the merits.
2. An issue presented in Case 2 was actually litigated and determined in Case 1.
3. That issue was essential if the judgment in Case 1.
4. Against whom? Issue preclusion may be asserted ONLY AGAINST ONE WHO WAS A PARTY TO CASE 1.
5. By whom? It is always OK for someone who was a party to Case 1 to use issue preclusion in Case 2.