Preclusion Flashcards

1
Q

preclusion

A

Preclusive effect will be given that prevents a party whose case already received a judgment on the merits from litigating those same matters in another case.

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2
Q

Claim preclusion

A
  1. Case 1 and Case 2 were brought by the same claimant against the same defendant.
  2. Case 1 ended in a valid judgment ON THE MERITS

(any judgment is on the merits unless based on jdx, venue, indispensable parties)

  1. Care 1 and Case 2 asserted the SAME CLAIM.

(A claim is any right to relief arising from a transaction/occurrence)

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3
Q

Issue Preclusion

A

A final judgment for P or D is conclusive in a subsequent action on a different cause of action

between the same parties

as to issues actually litigated and

Essential to the Judgment in the first action

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