Use of Final Judgment

Question 1

What doctrine precludes relitigation of a claim that has already been decided in prior litigation between the same parties?

Answer 1

Res judicata, or claim preclusion

Question 2

When does res judicata apply?

Answer 2

When there is a final judgment on the merits
When the same plaintiff and defendant were parties
With the same claim asserted in both

Question 3

What is collateral estoppel?

Answer 3

Issue preclusion. Collateral estopped precludes relitigation of a particular issue that already been decided in previous litigation.

Question 4

When is a judgment final in federal and CA courts?

Answer 4

In federal, a judgment is final when the judgment is rendered

In CA, a judgment is final when the appeals have been concluded.

Question 5

When can collateral estoppel be used in CA?

Answer 5

CA allows a “stranger” to the prior case to rely on a prior judgment if doing so is “fair”

Question 6

What are the requirements of collateral estoppel?

Answer 6

There must be a valid final judgment on the merits
The same issue was actually litigated
The issue was necessarily determined (meaning it was essential to the judgment)
Only used against a party of the original action (or in privity with a party of the original action)
Mutuality (traditional rule) or CA’s fairness