Claim & Issue Preclusion Flashcards
(8 cards)
What is preclusion?
Whether a judgment already entered (Case 1) precludes litigation of any matters in another case (Case 2)
What preclusion law is applied if Case 1 and Case 2 are in different judicial systems?
the court in Case 2 applies the preclusion law of the judicial system that decided Case 1.
What is res judicata?
Claim Preclusion - A claimant may sue only once to vindicate a claim.
What are the requirements for claim preclusion / res judicata?
- Same claimant suing same defendant
- Valid, final judgment on the merits
- Same claim in Case 1 and Case 2 (STO)
What is collateral estoppel / issue preclusion?
An issue was litigated in Case 1. The same issue is then presented in Case 2. But if issue preclusion applies, the issue cannot be relitigated in Case 2.
Requirements for Issue Preclusion
- Case 1 ended in a valid, final judgment on the merits.
- Same issue was actually litigated and determined in Case 1
- Issue was essential to judgment in Case 1 (finding on the issue is the basis for the judgment)
- Issue preclusion can be used only AGAINST somebody who was a party to Case 1 or in “privity” with a party.
- Issue preclusion can be used BY someone who was a party to Case 1. Note for non-parties to case 1…
Fairness Factors for Nonmutual Offensive Issue Preclusion
The party to be bound had a full and fair opportunity to litigate in Case 1;
The party to be bound had a strong incentive to litigate Case 1.
There have been no inconsistent findings on the issue.
What if the party asserting issue preclusion in Case 2 was not a party to Case 1? (nonmutual issue preclusion)
Nonmutual Defensive Issue Preclusion: The person using preclusion was not a party to Case 1 and is the defendant in Case 2. (ok)
Nonmutual Offensive Issue Preclusion: The person using preclusion was not a party to Case 1 and is the plaintiff in Case 2. (NOT ALLOWED)
