Respect for Judgements (Ch. 11) Flashcards
What is res judicata?
Claim preclusion and Issue preclusion
What does claim preclusion require?
P must bring all issues in the first litigated suit.
Why must P bring all issues in first litigated suit?
Claim preclusion
What action can D take if P brings forth a precluded issue?
D can file a motion for summary judgement
What 5 factors determine whether an issue/claim is precluded?
- Whether it could have been brought in another litigated suit
- Whether it involved the same cause of action
- Whether it involved the same parties
- Whether a final judgement was issued on the merits
- Whether a decision was rendered by a court of competent jurisdiction
What is a court of competent jurisdiction?
A court permitted by law to rule on this issue.
According to the ruling from Frier, when does a suit preclude the other?
- When the parties and the causes of action are identical
- The evidence necessary to sustain the second verdict would sustain the first
- the causes of action are based on a common core of operative facts
What is another name for issue preclusion?
Collateral estoppel
What does collateral estoppel mean?
Issues that have already been resolved in a prior suit cannot be brought against the same D.
What are 6 exceptions to claim preclusion?
- When there has been an agreement by the parties to be bound by prior decision
- When there are preexisting “substantive legal relationships”
- Where someone has been adequately represented by a privy
- Where a party assumed control over prior litigation
- When an individual loses then sues again as a member of a class
- Special statutory scheme (Bankruptcy + Probate)
Should a federal court give a claim preclusive effect to a claim in state court over which the state court had no subject matter jurisdiction?
The Federal court should first determine whether the state court would do so?
River Park Analysis
Separate claims will be considered to have the same cause of action when they arise from a single group of operative facts.
