claim preclusion

Question 1

what is claim preclusion aka res judicata

Answer 1

ie one bite of the apple

stops a party from relitigating a claim that it has alreadly litigated in an earlier lawsuit that has come to a FINAL JUDGMENT

Question 2

what is a preclusion law fact pattern

Answer 2

when you see two lawsuits in a particular fact pattern

Question 3

what are the elements of claim preclusion?

Answer 3

valid final judgment on the merits

identical parties or privies

a second action presenting the same claims of the first suit, including claims decided in the first suit and or claims that were part of the same transaction or occurnce as the first suit

Question 3

what is merger in terms of claim preclusion

Answer 3

as to a transaction or occurence, all of the potential claims and theories of liability available at the time of litigation of that transaction or occurrence between two parties are merged into the judgment in the case, regardless of which theories or claims were raised

Question 4

what is bar in terms of claim preclusion

Answer 4

the general princple that, once decided, a judgment between those same two parites cant be relitgated

Question 5

how are bar and merger connected

Answer 5

claims that would have been available at the time of the prior litigation are now barred from relitigation, and that is because they are mergered into the first judgment

Question 6

what makes a final judgment valid

Answer 6

ie service, jurisdction venue all that stuff was there

Question 7

Lisboa v. City of Cleveland Heights; – how does it answer the question of what it means for claims to come out of the same transaction or occurence

Answer 7

Claims arise out of the same transaction or occurrence if the claims arise from a common nucleus of operative facts.

use one of the tests we talked about to see if this is there

ie the logical relationship test

Question 8

what does taylor v strugell tell us about the identical party requirement for claim preclision

the case where they try to figure out if two guys bringig a seperate suit on the same issue count as the same oarty

Answer 8

A claim cannot be precluded if the previous litigant is a different party and there is no legal relationship between the current and past litigants.

Question 9

what are the six ways taylor tells us that a prior judgment could bind a non party

Answer 9

1. a person agrees to be bound by the determination of issues in an action
2. there is a pre-exsising substnative legal relationship between the person to be bound and a party to the judgment
3. the non party was adequatly represented by someone with the same intersts who was a party to the suit
4. the non party assumed control over the litigation in which that judgment was rendnerd
5. when a non party later brings suit as the desingated rep of a person who was a party in the prior adjudication (ie proxy)
6. if it is inconsistne with due process

6.

Question 10

Federated Dept. Stores, Inc. v. Moitie key takeaway

Answer 10

An exception does not exist to the doctrine of res judicata for individual equitable purposes.