VI. Preclusion

Question 1

Question is whether a JUDGMENT already entered (Case 1) precludes litigation of any matters in another case (Case 2)

Answer 1

If Case 1 & Case 2 are in DIFF. Judicial Systems (State & Fed.), the court in Case 2 applies
-The preclusion law of the Judicial system that decided Case 1

Question 2

Res Judicata

Answer 2

One Bite of the Apple

• You only get to sue on a claim once.
• So you only get one case in which to vindicate all rights to relief for that claim.
• Requirements:
  (1) Case 1 & Case 2 were brought by the SAME CLAIMANT AGAINST THE SAME ∆ (same configuration)
  (2) Case 1 ended in a valid final judgment ON THE MERITS
  
  • It’s on the merits unless it was based on
    
    • Jurisdiction
    • Venue
    • Indispensable Parties
      (3) Case 1 & Case 2 asserted the SAME “CLAIM”

Question 3

Issue Preclusion (Collateral Estoppel)

Answer 3

Narrower. An issue was litigated in Case 1. The same issue comes up in Case 2. But if issue preclusion applies, we will not allow the issue to be re-litigated in Case 2. We deem it established in Case 2.

Req.

(1) Case 1 ended in a valid, final judgment on the merits
(2) We must have litigated in Case 1
(3) Issue was essential to the judgment in Case 1
(4) Against whom? = Only be used against somebody who was a party to Case 1
(5) By whom? =
- Nonmutal defensive issue = NOT party in 1 & ∆ in 2
- Nonmutal offensive issue = NOT party in 1 & π in 2

-Clear trend in law that will allow it if it is not “unfair” led by Fed. law.