Injunctions, Res Judicata, and Collateral Estoppel

Question 1

Who has jurisdiction to issue injunctions?

Answer 1

Trial courts

Question 2

What are preliminary injunctions?

-Procedure

Answer 2

You seek in advance of resolution of the lawsuit

-have to give notice to adverse party

Question 3

What is a temporary restraining order?

-Procedure

Answer 3

You seek in advance of resolution of the lawsuit

-do not have to give notice and can be ex parte

Question 4

An ex parte restraining order expires after?

Answer 4

10 days

Question 5

Temporary Injunctions v. Permanent Injunctions

Answer 5

Temporary is sought in a complaint until the underlying matter is resolved

Permanent Injunction: long term resolution: seeking that the action can never be taken

Question 6

Res judicata prevents?

Answer 6

Claim preclusion: prevents a litigant from reasserting a claim already decided on the merits

Question 7

Collateral estoppel prevents?

Answer 7

Issue preclusion: prevents litigating an issue that has been litigated in a prior suit

Question 8

Res Judicata bars claims if

4

Answer 8

1. Claim is based on the same claim as the prior suit (same transaction)
2. Judgment must have been valid (proper SMJ + PJ)
3. Judgment must have been final
4. Judgment on the merits (dismissals count)

Question 9

Scope of what Res judicata can bar

Answer 9

res judicata applies to all claims and defenses that could have been raised as to the cause of action in the original suit.

Question 10

Requirements fo Collateral estoppel?

Answer 10

1. The issue raised in the second action is identical to that which was litigated in the second action
2. the issues must have been necessary to the determination in the first suit

≠consent or default judgments
≠first action had two bases for verdict