Preclusion

Question 1

What is res judicata?

Answer 1

Res judicata, which is claim preclusion, bars claimants from re-litigating a case they already lost

Question 2

What are elements required for res judicata

Answer 2

Res judicata arises when claims:
1. are between the same parties or those in privity with them
2. arise out of the same transaction or occurrence underlying the prior suit
3. suit was determined on the merits by a court with proper subject-matter and personal jurisdiction

Question 3

What is required for a case to have been determined on the merits?

Answer 3

A case is decided on the merits if it involved an inquiry into the merits of P’s claim

Question 4

When is a judgement not on the merits

Answer 4

Judgement is not on the merits if it is dismissed for lack of PJ, SMJ or venue

Question 5

Is dismissal with prejudice a judgement on the merits?

Answer 5

Yes

Question 6

When are D’s counterclaims barred by res judicata?

Answer 6

If D fails to bring a compulsory counterclaim in the first suit, they are precluded from filing it as a P in a later suit

Question 7

What is collateral estoppel?

Answer 7

Collateral estoppel is issue preclusion and bars re-litigation of issues even with different parties

Question 8

What are elements required for collateral estoppel?

Answer 8

1. issue must have been litigated and determined in the prior suit
2. issue must have been essential to the judgement
3. prior suit must have ended in a judgement on the merits
4. party against whom preclusion is asserted must have had full and fair opportunity, as well as incentive to fully litigate the issue in the first suit

Question 9

When is an issue essential for purposes of collateral estoppel?

Answer 9

An issue is essential if it would change the result of the case if the issue was decided in the opposite way