Issue Preclusion Flashcards
1
Q
Issue preclusion
A
For issue preclusion to apply,
1. the issues in both actions must be the same,
2. there must have been a final judgment as to that issue,
3. the party against whom collateral estoppel is asserted must have had a fair opportunity to be heard on the matter, and
4. the posture of the case must be such that it would not be unfair or inequitable to apply collateral estoppel.
With issue preclusion, the issue is deemed established in the second case without need to proffer evidence on it.
