Preclusion Flashcards
1
Q
What are the two types of preclusion?
A
Claim and issue preclusion
2
Q
What are the 3 elements required for claim preclusion?
A
(1) prior action must have concluded in a valid judgment on merits (2) claim in prior action must be the same or very similar to the claim raised in subsequent action, (3) parties in subsequent action must be identical to or in privity with parties in prior action.
3
Q
What are the 4 elements required for issue preclusion?
A
(1) valid judgment on merits, (2) subsequent action must involve the same parties or their privities, (3) issue must have been actually litigated and determined in the prior action, and (4) resolution of that issue must have been necessary to the judgment in the prior action.
