Claim and Issue Preclusion Flashcards Preview

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Flashcards in Claim and Issue Preclusion Deck (13):

Rule of the Case

the judge has made a ruling on the issue present once already within the action and the issue is raised again in the same action


Res Judicata

claim and issue preclusion both
the concept of something already being decided by the judiciary


Starie Decisis

the concept of previous rulings on how things should be decided that are followed to give stability to the legal system


Claim Preclusion requires

1. Same Parties
2.same claim(same transaction or occurrence)
3. There was a judgment on the merits
4. the judgment was valid



when the plaintiff wins all of there claims for the same transaction or occurrence are believed to merge into the judgment that was already rendered for them



when the plaintiff loses the claims that could have been brought are seen as having been decided


R. 20 exceptions to claim preclusion

judgment based on the prematurity of the case does not present claim preclusion because it is not considered a judgment on the merits


R.26 exceptions to claim preclusion

1. the parties agreed to split the claim
2. court reserved the plaintiff a right to bring the second action
3. plaintiff is barred from seeking complete relief in the first action because of jurisdiction restraints
4. the first judgment was inconsistent with equitable application of the law
5. reoccurant wrong and the plaintiff opted to sue each time instead of all at once
6. issues of personal liberty and incoherent disposition of the case by the first judgment


Focus of claim preclusion

all the claims that could have been brought, not just what was


Focus of issue preclusion

only the issues that were actually adjudicated


Issue preclusion requires

1. identical issue
2. actually litigated
admissions are not actually litigated
3. valid and final judgment has been rendered
4. it was an essential issue to the original judgment
5. they are the same parties
non-mutual preclusion doctrine may play in to overcome this


Exceptions to Issue Preclusion

1.The party is unable to appeal
2.there has been an intervening change to the law
3.different courts with different qualitative procedures
4. shifts in the burden of proof
5.unforeseeability that the issue would be important in the subsequent action
6.unfair impact on non-parties
7. inability or lack of incentive to obtain a full and fair adjudication


Nonmutual Preclusion

originally the concept of mutual estoppel operated such that a non-party coudl not use the judgment of a previous action against a party in that action in a second action
this has for the most part been abolished