preclusion

Question 1

judgments vs opinions

Answer 1

Opinion: statement of the Court’s reasoning
Judgment: Decree or Order from which an appeal lies
* Must be self contained and separate from the opinion
* State the relief granted
* Not address the reasoning

Question 2

preclusion

Answer 2

Prelusion (narrow)
* Claim preclusion/res judicata
* Can a party relitigate a claim in a new action?
* Issue preclusion/collateral estoppel
* Can a party relitigate an issue in a new action?
Stare decisis (broad)
* Judicial deference toward precedent
Offensive & Defensive Preclusion
* Offensive: using preclusion to win a future case(hoops)
* Defensive: using preclusion to avoid liability(usually favorable)

Question 3

claim

Answer 3

Existence of a prior claim adjudicated on the merits;
* Current action arises out of same claim;
* AND Parties are same or in privity