Res Judicata

Question 1

What is Claim Preclusion?

Answer 1

Bars a second suit between the same parties on the same cause of action.

Question 2

Claim Preclusion

Answer 2

1. Identify twin cases
2. What was the Primary right? (The right to be free from [injury])
3. Identify the parties involved (Same parties? In privity? COULD they have joined the previous case?)

THEN:
1. Identical/ Same claim

2. Valid, final judgement on the merits
   a. Valid: no procedural issues, no possibility of appeal
   b. Not valid on the merits: jurisdiction, venue
3. Same parties in privity

Question 3

What is Primary Rights Theory?

Answer 3

Used to to determine whether two proceedings involve identical causes of action for purposes of claim preclusion.

A judgment for the defendant is a bar to a subsequent action by the plaintiff based on the same injury to the same right, even though he presents a different legal ground for relief.

When two actions involving the same parties seek compensation for the same harm, they generally involve the same primary right.

Question 4

How can a Res Judicata objection be raised?

Answer 4

1) General Demurrer
2) Affirmative Defense, in the answer
3) Motion for Summary Judgement

Question 5

Issue Preclusion

Answer 5

1. Identify twin cases
2. What was the Primary right? (The right to be free from [injury])
3. Was this right actually litigated? (FOR ISSUE PRECLUSION)
4. Identify the parties involved (Same parties? In privity? COULD they have joined the previous case?)

THEN ISSUE PRECLUSION:

1. Identical issues
2. Opportunity to litigate
3. Actually litigated + Necessary to the outcome
   a. Default counts as actually litigated
4. Final, valid, on merits

Question 6

What is the difference between a General Demurrer and an Affirmative Defense?

Answer 6

A General Demurrer stays within the borders of the complaint and says it is insufficient. Plaintiff has the burden of proof.

An Affirmative Defense kills the complaint by bringing in information beyond the complaint. Defendant has the burden of proof.

Question 7

Boeken v Philip Morris USA Inc

Answer 7

P brought an action against Phillip Morris for loss of consortium after her husband developed lung cancer.

- First suit dismissed w prejudice (decided in D's favor- ISSUE DECIDED)
- 4 months later, brought the same suit.

Once plaintiff dismissed the previous lawsuit, the primary right and the breach of duty (together, the cause of action) had been adjudicated in defendant’s favor.

In action no.2, wife says it is different because her husband is now dead, but the Court says you knew he was going to die and you could have asked for damages accordingly

CLAIM PRECLUSION

Question 8

What is a claim, what is an issue?

Answer 8

Claim: Set of operative facts giving rise to a cause of action

Issue: Question of law, fact, or mixed questions of law/fact