Effect on Future Litigation

Question 1

Claim preclusion Elements

Answer 1

• Same claim
• Valid, final judgment on the merits
• Parties are identical or in privity in the same configuration relative to each other

Question 2

Same Claim Evidence Test

Answer 2

Is the evidence necessary to establish liability the same for both claims

Question 3

Same Claim Transactional Test (Plan on using unless otherwise stated)

Answer 3

Is the same transaction or occurrence using the same operative facts used in both cases

Question 4

If prior court would have lacked subject matter jurisidiction

Answer 4

claim will not be precluded
- unless subject matter issue was only brought up after the case was decided

Question 5

Valid judgement

Answer 5

Did the court have proper jurisdiction over the case (subject matter)

Question 6

Final Judgement

Answer 6

Federal court
- Final when the trail court is done with the case even if it is on appeal

State courts
- are mixed

Question 7

On the merits

Answer 7

If the party had an opportunity to have the substance of the suit heard

Not
- subject matter jurisdiction
- personal jurisdiction
- improper venue

Question 8

Same parties

Answer 8

parties from the first case need to be the same parties in the second case acting in the same roles (P is acting as P and D is acting as D)

Question 9

Issue Preclusion Test

Answer 9

• Same issue as in prior case
• Actually litigated in prior case
• Decision in prior case was final enough
• Resolution necessarily decided in prior case
• Party against whom preclusion is being asserted had a full and fair opportunity to litigate
• Same parties (sometimes)

Question 10

Issue preclusion is not allowed if

Answer 10

• Different procedures followed by the two courts
• Burden shift
• Clear convincing need for new determination because no full and fair opportunity to litigate

Question 11

Defensive Non-Mutual Issue Preclusion

Answer 11

Allowed when different party is asserting issue preclusion against a party that was in the prior litigation and had the opportunity to fulfill the requirements for issue preclusion

Question 12

Offensive Non-Mutual Issue Preclusion (not all jurisdictions)

Answer 12

Must fulfill all the requirements for issue preclusion except same parties

Avoid for
- Parties that could have joined the first actions
- Inconsistency of decisions
- Parties keep suing until someone wins and the rest assert issue preclusion

Question 13

Inter-system applications

Answer 13

apply the same rules that would be applied if it was relitigated in the court that rendered the original decision
- where the litigation first occurred