lecture 5

Question 1

principle 30

should foreign judgements be recognized?

Answer 1

yes, if they are substantially competitable with principles, unless it goes against substantive public policy of state.

Question 2

What is ‘lis pendens’?

Answer 2

In general lis pendens means that when a litigation is pending in one court this blocks the parties from introducting the same issue to another court, namely a court of different state.

Question 3

What is the exception of Lis Pendens?

Answer 3

• Second court can procceed if first forum is unfair or too slow.
• focus on whether first court will resolve dispute fairly and efficiently.
  -example- purposely filling case in Italy (slow court) to delay procceedings.

Question 4

Principle 28

What is Res Judicata?

Answer 4

Principle that a cause of action may not be relitigated once it has been judged on the merits.

Question 5

Who is considered a ‘privy’ and therefore may not relitigate case that already has been judged on merits?

Answer 5

1. Privy in title- someon who derives legal interest from party (heir, assignee)
2. Privy in interest- someone who has direct interest in subject matter.
3. Privy on blood- usually in succesion cases
4. Gleeson Privies- third parties with a sufficiently close connection to a party that it is just to bind them by the outcome.

Question 6

What is issue preclusion (coliteral estoppel)?

Answer 6

When the (cause of action) has not been litigated but the exact issue has been litigated earlier by same parties an privies.

Question 7

What is Alternative Dispute Resolution?

Answer 7

-methods which resolve disputes outside of court.
-why? quicker and cheaper.