Res Judicata and Collateral Estoppel

Question 1

General Idea

Answer 1

Can differ between federal and state court. Apply rj/CE of court in which first judgment was entered

Question 2

Res Judicata

Answer 2

can only sue on a cause of action once.

Must seek all avilable relief in a single case or else you waive right

Question 3

Res Judicata Requirements

Answer 3

1. both cases must be brought by same claimant aginst same defendant (or those with privity)
2. first suit must have ended in a valid final judgment on the merits. Does not mean something was litigated–can include defautls. Includes any judgment on merits except for dismissal for 1) SMJ; 2) PJ; 3) Venue: 4) service; 5) failure to join a R19party 6)any dismissial sepcified as voluntary
3. first adn second case must involve same cause of action

Question 4

Collateral Estoppel

Answer 4

Relitigation of a particular issue litigated and determiend and emobided in a valid final judgment

Question 5

Requirements for CE

Answer 5

1. first cased ended in a valid, final judgment on merits
2. same issue was actually litigated and determined in first case
3. issue was esssential to the jdugment in the first case

Question 6

Against whom can you bring CE

Answer 6

only against one who was a party to the prior case (or repped by a party in privity) DUE PROCESS REQUIREMENT

Question 7

By whom may CE be asserted

Answer 7

• mutuality view–. can only use CE if you were a party to a prior case.
• Modern–reject mutuality to allow CE to be asserted by someone who wnot a party to first case
  
  • nonmutual defensive collateral setoppel
  • non mutual offensive collateral estoppel

Question 8

nonmutual defensive CE

Answer 8

used by new defendant against a plaintiff from pervious suit against him

Question 9

offesnive nonmutual collateral estoppeld

Answer 9

used by