Rules of Civ Pro

Question 1

when SOL starts in fed:

Answer 1

Fed- upon filing complaint

in diversity cases, go by state rule (ex: upon service of process)

Question 2

how to serve process in state:

Answer 2

1. 18yr+ and not a party to action may serve
2. serve to D’s usual place of abode to suitable age/discretion residing there
3. or serve to auth agent of D
4. or by state rules
5. P may request D waive service by mailing him a request
   US D who doesn’t waive on request is liable for cost of service, unless good cause for failing to waive service

Question 3

immunity from process

Answer 3

for parties, witnesses, attys who enter state for another action or are induced by fraud

Question 4

district court may not extend time periods for:

Answer 4

renewed motion for judgment as a matter of law
motion to amend judgment
motion for new trial (28 days of entry of J)
motions for relief from judgment

Question 5

preliminary injunction

Answer 5

party may seek prior to trial to preserve status quo

party must give adverse party notice and opp to be heard

Question 6

temp restraining orders

Answer 6

1. irreparable injury will occur before hearing on preliminary injunction, may seek to preserve status quo
2. party must give adverse party notice, but court may grant without notice for 14 days if ALL:
   
   • movant states irreparable injury if not granted
   • movant certifies in writing efforts made to notify and reasons why notice shouldn’t be req
   • movant provides security to pay any damage incurred by adverse party if court finds wrongful restraint

Question 7

violating an injunction or restraining order

Answer 7

adverse party must have notice of TRO or injunction before held for violating it

Question 8

what is a provisional remedy

Answer 8

1. pretrial seizure of prop to secure satisfaction of judgment that may be entered.
2. procedure by state law
3. party must make prima facie case on underlying claim that prop will likely not be available after trial if relief not granted.

Question 9

provisional remedy types:

Answer 9

1. garnishment- ct order directing $ or prop in hands of 3rd p be seized
2. attachment- another person’s prop is seized in accordance with write or judicial order to secure a judgment yet to be entered
3. replevin- P takes possession and holds disputed prop during suit

Question 10

complaint includes:

Answer 10

1. grounds of fed J
2. plausible (not just possible) claim showing entitled to relief
3. demand for judgment for relief
4. fraud or mistake stated with particularity
5. time and place averments with specificity
6. special damages with specificity

Question 11

pre-answer motion is what? name the types:

Answer 11

By D before responding to pleading

1. motion to dismiss
2. motion for more definite statement- for a more definite statement before responding to vague pleading
3. motion to strike- any insuff defense, or redundant, immaterial, or scandalous matter

Question 12

motion to dismiss, defenses:

Answer 12

D may file and raise any/all defenses:

1. lack of SMJ
2. lack of PJ
3. improper venue
4. insuff process
5. insuff service of process
6. failure to state a claim upon relief can be granted
7. failure to join an indispensable party

• 1 may be raised until all appeals exhausted
• 2-5 must raise on D’s first motion or answer (whichever first) or D waives defenses.
• 6-7 may be raised any time before/during trial

Question 13

failure to state a cause of action =

Answer 13

motion for SJ

Question 14

answer includes:

Answer 14

1. specific denial/admission of each part of complaint (or general denial with specific admissions)
   
   • without knowledge = a denial
   • failure to deny = admission
2. must state D’s affirmative defenses, if any

Question 15

answer timeline

Answer 15

1. D must answer within 21 days of service
2. D waiving formal service- 60 days after request for waiver mailed
3. pre-answer made- court may say a time or 14 days after denial/postpones pre-answer motion.
4. motion for more definite statement- 14 days after service of statement

Question 16

default

Answer 16

1. notation in case file, no timely answer filed
2. may be set aside by court
3. court clerk req to sent all parties notice of default

Question 17

default judgment

Answer 17

1. judgment entered against D who didn’t oppose case
2. D appeared- D entitled to notice 7 days before hearing on application for default judgment
3. D loses ability to contest liability but can contest amount of damages at hearing

Question 18

compulsory counterclaims

Answer 18

1. must be pleaded if arises from the same transaction or occurrence as P’s claim (or barred)
   
   • fed gets sup J even if no fed question or diversity

Question 19

permissive counterclaims

Answer 19

if it meets J req for filing a claim in fed court

Question 20

reply

Answer 20

1. P must reply to D’s answer if court orders P to file one

P not req to reply to affirmative defense (assumed 2. denied)

Question 21

inconsistent claims or defenses

Answer 21

party may set unlimited alt claims or defenses, even inconsistent

Question 22

how long to amend or supplement a pleading:

Answer 22

1. within 21 days of service
2. if pleading req responsive pleading- 21 days after service of responsive pleading or pre-answer motion
3. after that, court may decide

Question 23

amendment to change party, relates back to:

Answer 23

naming a new party, relates back to original pleading if within time for service, new party had suff notice of action to avoid prejudice and knew/should have that, but for a mistake concerning her identity, would have been named originally

Question 24

amendments and supplements, relate back to:

Answer 24

amendment to pleading that arises from same conduct, transaction or occurrence in original pleading deemed filed on original pleading date

Question 25

why is relating back to the original pleading important?

Answer 25

SOL

Question 26

supplemental pleadings, relate back to:

Answer 26

require permission of court

Question 27

Rule 11

Answer 27

fed civil cases-

1. party, upon presenting any doc to ct certifies to best of their knowledge after reasonable inquiry:
   
   • not presented for any improper purpose
   • legal contentions are warranted by existing law, or nonfriv argument for modification of law, or new law
   • allegations/facts have/likely to have ev support
   • denials of facts are warranted on ev or reasonably based on lack of info/belief

sanctions- cts discretion

1. ct may rais and enter order describing matter vio rule 11 and direct party to show why sanctions shouldn’t be imposed
2. opp party may serve motion for sanctions and if party doesn’t withdraw/correct matter in 21 days, opp party may file motion with ct
   - non $ or $ including atty fees

Question 28

compulsory joinder

Answer 28

P must join all interested Ds or case dismissed

1. should absentee be joined
   
   • complete relief can’t be given in absences
   • has interest in subject matter and decision will impact their ability to protect their interest
   • leave any other parties subject to subs risk of incurring multiple or inconsistent obligations
   • yes… ask 2
2. can absentee be joined
   
   • ct has PJ over absentee
   • presence wouldn’t destroy SMJ or venue
   • if presence would destroy SMJ or venue… ask 3
3. if they can’t be joined, should action proceed?
   
   • ct looks at extent of prejudice to parties/absentee
   • extend prejudice can be reduced/avoided (shaping relief)
   • adequacy of a judgment rendered without absentee
   • whether party will have an adequate remedy if case dismissed for nonjoinder

Question 29

permissive joinder

Answer 29

may join as P or D when:

1. claim by each P v. each D relates/arises out of same series of occ or transactions
2. and there is a question of fact or common law to all parties

still need complete diversity
each claim needs to satisfy J (multiple P may assert the 75k even if J over permissively joined Ps

Question 30

joinder of claims

Answer 30

1. p can join unlimited number/type of claims against D
2. only 1 of the claims is req to arise of a transaction in which all Ps and Ds are involved
3. diversity J- P may aggregate all claims against D to satisfy 75k J amount
4. fed question claim- non fed claim can be joined only if part of same case/controversy of fed claim

Question 31

class action, proper when:

Answer 31

1. class so numerous joinder of all is impracticable
2. questions of law or fact common to class
3. named parties’ interests are typical of class
4. named parties will adeq represent interests of absent members of class
5. 1 of 3 present:
   1. sep actions would create risk of inconsis results or impair interests of unnamed parties
   2. D acted/refused to act on grounds applicable to class and injunctive or declaratory relief is appro for whole class
   3. common questions of law or fact predominate over indiv issues and class action is superior to alt methods of adjudication
   - req notice to all class members to opt out
   - those that opt out and notify ct they don’t want to be bound not bound by judgment

Question 32

Rule 23

Answer 32

class action

Question 33

Court considers what factors in certifying a class?

Answer 33

1. interest of indiv control
2. extent and nature of litigation elsewhere on same subject
3. desirability of a joint trial
4. difficulties in managing class action

court must define class, class claims, issues, defenses, appoint class counsel

Question 34

effects of class action

Answer 34

1. all members of class bound

2. except those in common question class action that notify the court they don’t want to be bound

Question 35

class action notice

Answer 35

1. common question suit- notice to all in class required to opt out
   
   • those that opt out and notify ct they don’t want to be bound not bound by judgment
2. other class suits- notice determined by court

notice must state:

1. nature of action
2. definition of class
3. class claims, issues, defenses
4. binding effect of class judgement

Question 36

class action jurisdiction

Answer 36

1. diversity- only consider the named class rep’s citizenship
2. named class rep’s claim alone must exceed 75k
   
   • can aggregate if claims of parties are joint/common (rare)
   • members with claims less than 75k may invoke supp J as long as diversity isn’t destroyed

Question 37

court approval of class action dismissal/settlement

Answer 37

1. notice of settlement must be given
2. common question class action- ct req fairness hearing
   - may provide 2nd opp to opt out

Question 38

class action fairness act

Answer 38

1. SMJ is est if:
   - any class member is diverse citizen from any D
   - aggregate class claims exceeds 5 million
   - at least 100 members
   - any 2 D may remove from state to fed, even if D is citizen of forum state

Question 39

class action fairness act- when no federal ct

Answer 39

excluded actions:

1. no fed ct J if primary Ds = states, state officials, other gov entities
2. over class action solely involves claim under fed securities law
3. over class actions that relate to internal affairs of corporation and based on laws of the state of incor

mandatory decline fed J, if ALL:

1. +2/3 of Ps are citizens of state where action filed
2. D from whom significant relief is sought is a citizen of that state
3. principal injuries were incurred in state where action filed
4. no similar class action filed within prior 3 years

may decline fed J, if ALL:

1. 1/3-2/3 of Ps are citizens of state where action filed
2. primary Ds are citizen of that state
   - ct considers whether claim is matter of national interest,
   - claim will be governed by state law
   - state has distinct nexus with class members/harm/Ds

Question 40

shareholder derivative suits, req

Answer 40

shareholder can sue to enforce right of corp (that those controlling corp refuse to assert if P proves:

1. P was shareholder art time of transaction complained of or received shares after by operation of law
2. actions is not a collusive effort to confer J on ct that would otherwise lack J
3. P made demand on directors (and shareholders if req by state law) or why P made no demand, pleaded with specificity

jurisdictional amount- treat corp as P, damages suff by corp
venue- when corp could have sued same Ds (state of incorp)
diversity J- treat corp as the D to determine diversity

Question 41

Rule 23.1

Answer 41

shareholder derivative suits

Question 42

class representative for shareholder derivative suits and class actions must…

Answer 42

be able to fairly and adeq represent the class

Question 43

interpleader

Answer 43

1. stakeholder files suit to require adverse claimants to determine which has the valid claim to the stake
2. applies when sep actions might result in double liability against stakeholder
3. stakeholder not req to admit liability to either

Question 44

Rule 22 “regular rules”

Answer 44

interpleader requires

1. complete diversity between stakeholder and all adverse claimant over 75k
2. OR fed question claim

Question 45

Section 1335 “special, simpler standards”

Answer 45

interpleader requires

1. only 1 claimant must be diverse from the othe
2. $500 at issue
3. service may be nationwide and venue where any claimant reisdes

Question 46

intervention

Answer 46

may be a right:

1. when applicant claims interest in prop or transaction that is subject matter of action and disposition of action without him may impair ability to protect that interest
2. diversity case- no supp J over claims by one intervening

permissive:

1. when applicant’s claim/defense and main action have question of fact or law in common
2. no direct personal or pecuniary interest req
3. must be supported on own J ground

Question 47

third party practice

Answer 47

D may implead a nonparty who is/may be liable to D for any part of judgment P may recover

1. fed question or diversity not available- supp J may be bc indemnity claims arise from common nucleus of fact underlying claim
2. proper venue not req for 3rd p
3. D may join any other claims against 3rd p but need J basis
4. 3rd p may assert defenses to P’s original claim and D’s claim against 3rd p
5. ct may sever 3rd p claims if just

Question 48

cross claims

Answer 48

1. co-parties may assert claims against each other arising out of same transaction or occ
2. supp J bc usually relate to existing action

Question 49

Rule 26

Answer 49

duty of disclosure

Question 50

duty of disclosure

Answer 50

requires parties to disclose without being asked, all reasonably available info not privileged or protected work product

Question 51

types of disclosures

Answer 51

1. initial disclosures
2. expert testimony
3. pretrial disclosures

Question 52

initial disclosures

Answer 52

before discovery request, party must provide within 14 days after parties conference, unless ct orders diff time:

1. name, address, phone of indiv with discoverable info it may use to support its claims/defenses
   - unless the use would be for impeachment
2. copies/descriptions of docs, e-docs, and tangible things in party’s possession or control it may use to support claims/defenses
   - unless the use would be for impeachment
3. computation of damages claimed and materials based upon
4. copies of insurance agreements under which insurer might be liable for all/part judgment

not req for certain cases:

1. actions to review admin record
2. actions to enforce arbitration award
3. pro se litigation brought by prisoners
4. actions to quash or enforce subpoenas
5. habeas corpus petitions

Question 53

disclosure of expert testimony

Answer 53

must disclose to other

1. identities of expert witnesses to be used
2. report signed by each expert stating qualif, opinions to be expressed, basis for opinions
3. disclose at time directed by ct or 90 days before trial
   
   • if ev is to rebut another party’s disclosure of expert testimony- req in 30 days after ev is disclosed

Question 54

pretrial disclosures

Answer 54

30 days before trial, party must disclose:

1. witnesses expects to call
2. witnesses call if need arises
3. witnesses whose testimony will be presented by depo and transcript of pertinent portions
4. list of docs or exhibits expects or might offer if needed
5. NOT ev or witnesses used for impeachment

within 14 days of disclosure above party may serve objects to use of depo and admission of disclosed docs and exhibits
-objections waived if not made, except if ev prejudicial, confusing, irrelevant

Question 55

discovery of e-stored info

Answer 55

parties must discuss discovery and preservation of e-docs and report discussion to ct
-requested form for producing e-docs should be given unless party objects (ct will decide if valid)

safe harbor- party protected if info lost in ordinary course of operating e-info system if party took reasonable steps to save info once litigation known

Question 56

scope of disclosure and discovery

Answer 56

discovery for:

1. any unprivileged matter relevant to any party’s claim/defense (docs, indiv with knowledge)
2. info is reasonably calculated to lead to discovery of admissible ev (info itself doesn’t need to admissible)

work product:

1. made in anticip of litigation only upon showing subs need to avoid undue hardship in obtaining material another way
   
   • ct will exclude mental impressions, opinions, conclusions

experts
1. depo/interrogatories may be discovered if shown impracticable to obtain such facts or opinions by other means

party must supplement responses:

1. required disclosures, prior responses to interrog, requests for production, requests for admissions, exxpert reports, infor from expert depo
2. if learns new info, info was incomplete/incorrect

Question 57

protective orders

Answer 57

may be obtained to limit nature and scope of examination or to terminate examination if discovery is abused

Question 58

types of discovery

Answer 58

1. pre-action depo (own or another’s testimony)
2. oral depo of witness (incl party witness)
3. interrog to parties
4. production of physical material
5. physical/mental exam when condition in controversy
6. requests for admission to truth or genuineness of matter/doc in request

Question 59

enforcing disclosure or discovery, methods:

Answer 59

1. motion to compel and for sanctions
   
   • failing to provide/incomplete disclosure/discovery
   • party must certify GF to obtain from party w/o ct
2. immediate sanction
   
   • party fails to attend own depo or any answers to interrog
3. auto sanction
   
   • party w/o justification fails to disclose info/supp/amend
   • party can’t use this ev at trial/hearing/motion unless failure harmless
4. use of depo at trial or hearing
   
   • to impeach testimony of deponent as a witness
   • any purpose if ct finds deponent dead, 100mi+, unable to testify, deponent is an adverse party

ct orders and party refuses, ct may:

      - order matters treated as admitted
      - prohibit party from supporting/opposing designated claim/defense
      - strike pleadings, stay/dismiss action, default judgment
      - hold delinquent party/witness in contempt
      - assess expenses incurred due to failure
      - ct may inform jury of failure to disclose

Question 60

Rule 26(f)

Answer 60

1. parties must meet to consider claims, defenses, settlement, initial disclosures, and discovery plan
2. parties must submit proposed discovery plan to ct (timing/form of disclosures, subjects, limitations on discover, relevant orders)

final pretrial conference req to plan for trial, admission of ev, orders entered pursuant to this may only be changed for good cause

Question 61

Rule 16(b)

Answer 61

court must hold scheduling conference among parties and enter a scheduling order limiting time for joinder, motions, discovery.

• may include dates for pretrial conferences, trial date, etc.
• cannot be modified unless leave of court for good cause

Question 62

right to jury trial

Answer 62

1. must file written demand within 14 days of filing late pleading directed a jury triable issue court and serve parties
2. withdrawn only with all parties consent

• multiple claims = legal claim tried first to jury then equitable claim to court

Question 63

jury trial in diversity cases

Answer 63

1. federal court must allow even though state court would deny a jury (state court would here issue)
2. state law ignored in determining suff of ev for fed jury case

Question 64

jury size

Answer 64

6-12 jurors, no provision for alternative

Question 65

jury selection

Answer 65

juror may be excused for cause (bias)

Question 66

jury instruction

Answer 66

objections to giving or failing to give instructions must be made before jury retires to consider verdict

Question 67

jury deliberations

Answer 67

only get papers and exhibits in ev and own nots

Question 68

jury verdict

Answer 68

must be unanimous unless parties agree otherwise

1. general verdict- finds for P or D
2. special verdict- makes findings of fact and court applies law
3. general with special interrog- combo

juror may be excused for good cause, no mistrial as long as 6 jurors decide

Question 69

erroneous verdicts

Answer 69

verdict shows on its face, jury failed to follow ct instructions

- ct asks jury to redeliberate
- or new trial ordered

Question 70

juror misconduct

Answer 70

1. juror gave false testimony or concealed material facts relating to qualifications to serve during voir dire ay = new trial
2. nonjurors can give ev of misconduct excluding juror’s declarations
3. juror can’t testify to matters during deliberations
4. juror may testify to outside influences or questions of extraneous prejudicial info improperly brought to their attn

Question 71

voluntary dismissal

Answer 71

1. P may dismiss action by notice without leave of court before D files answer or SMJ motion
2. = without prejudice unless P previously dismissed fed or state ct action on same claim
3. voluntarily dismissed by all parties, without prejudice
4. if D files answer or SMJ motion, req leave of court for dismissal without prejudice
5. pending counterclaim in action- can’t dismiss over D’s objection unless counterclaim is still pending

Question 72

offer of judgment

Answer 72

1. party may serve formal offer to have judgment entered against him on specific terms/costs.
2. if other party rejects and ultimate judgment is less favorable, other party must pay costs incurred since offer

Question 73

SJ

Answer 73

1. must grant if from pleadings, affidavits, discovery on file, no genuine dispute of material fact exists
2. may file until 30 days after close of discovery
3. premature filing MSJ- ct may defer ruling on it
4. SM may be partial
5. can’t appeal a SJ denial

Question 74

judgment as a matter of law

Answer 74

1. judgment for either party
2. court must find a reasonable jury would not have a legally suff basis to find for non-moving party
3. must view light in favor of non-moving party
4. req to make a renewed motion for judgment as a matter of law

Question 75

renewed judgment as a matter of law

Answer 75

1. filed within 28 days after entry of judgment

2. party limited to issues raised in first judgment as matter of law

Question 76

motion for new trial

Answer 76

1. filed within 28 after entry of judgment
2. for error during trial, verdict against weight of ev, excessive verdict
   - ct may offer P remittitur (less award or new trial)
   - fed ct can’t offer P additur (new trial req)

Question 77

failure to move for a renewed judgment as a matter of law or new trial

Answer 77

party precluded from raising question of evidentiary suff on appeal

Question 78

judgment on partial filings

Answer 78

nonjury trial- once suff ev to make dispositive findings, judge may rule on an issue as matter of law or wait until all ev is presented
-req findings of fact and conclusions of law

Question 79

relief from judgment or order, when:

Answer 79

1. clerical errors (may be correct any time by motion of t or party)
2. ct may relief party from judgment or order bc:
   
   • mistake, inadvertence, surprise, excusable neglect (1 yr)
   • newly discovered ev by due diligence could not have been discovered in time to move for new trial (1 yr)
   • fraud, misrep, other misconduct of an adverse party (1 yr)
   • judgment being void (lack of J, deprivation of DP, notice)
   • judgment being satisfied, released, discharged
   • prior judgment it was on was reversed/vacated
   • no longer equitable
   • any other reason

Question 80

relief that may be given

Answer 80

ct is not limited to demand for relief in pleadings
may give any relief appropriate based on ev
NOT for default cases

Question 81

judgment for multiple claims or parties

Answer 81

court may enter judgment as to fewer than all of the claims or parties only on express determination there is no just reason for delay and an entry of judgment.

without determination- not a final judgment, not appealable

Question 82

final decision on merits + all appeals done + lack of SMJ

Answer 82

can it be set aide or treated invalid is sep case?
balance factors:
1. lack of J is clear
2. J depends on a question of law, not fact
3. the court is of limited, not general J
4. question of J was not litigated
5. strong policy exists against ct acting beyond its J

Question 83

time for appeals

Answer 83

1. entry of judgment- file notice of appeal w/ district ct within 30 days of entry
2. renewed motion for judgment as matter of law; new trial; seta aside or amend judgment- 30 day period based on entry of order for post-trial motion

Question 84

which orders are reviewable?

Answer 84

1. interlocutory orders as of right
2. interlocutory appeals act
3. collateral order rule
4. certification of class actions
5. orders made appealable or nonappealable by writ

Question 85

interlocutory orders as of right (reviewable order)

Answer 85

reviewable orders:

1. injuctions
2. appointments of receivers
3. certain admiralty
4. patent infringement
5. prop possession cases

Question 86

interlocutory appeals act (reviewable order)

Answer 86

review is discretionary when:

1. trial judge certifies that the interlocutory order involves a controlling question of law (no ground for diff of opinion)
2. and ct of appeals agrees to allow the appeal

Question 87

collateral order rule (reviewable order)

Answer 87

1. claim/issue is separable and collateral to main suit

2. claim too important to req deferring appellate review

Question 88

certification of class actions (reviewable order)

Answer 88

order granting or denying certification of a class action may be reviewed at cts discretion within 14 days after entry

Question 89

orders made appealable/non by writ (reviewable order)

Answer 89

rare cases- final order rule may be circumvented to compel/prohibit judge to act

Question 90

standards of review (when appellate reviews)

Answer 90

1. on matters of law (de novo)
2. on questions of fact
3. mixed questions of fact/law (de novo)
4. on discretionary matters

Question 91

standard of review: on matters of law (de novo)

Answer 91

appeal- alleges trial judge erred on matter of law

appellate may sub its judgment for trial judge

Question 92

standard of review: question of fact

Answer 92

1. trial judge findings of fact- not disputed unless clearly erroneous
2. findings of fact by jury- appellate views ev in light of jury, as long as a reasonable jury could have reached the same conclusion

Question 93

standard of review: mixed questions of fact/law (de novo)

Answer 93

hard to determine if question fact or law.

appellate may sub its judgment for trial judge

Question 94

standard of review: discretionary matters

Answer 94

1. trial judge uses discretion (consolidate, sever, grant leave to amend, etc.)
2. appellate won’t overturn unless judged abused their discretion in making a decision

Question 95

stay pending appeal

Answer 95

1. no execution on judgment is allowed 14 days after entry
2. except injunctions, receiverships (custodial)
3. bond is req to satisfy judgment, costs, interest, damage for delay

judgments are enforceable while post-trial motions are pending (unless ct otherwise orders in its discretion, for security of the adverse party)

Question 96

SC Jurisdiction

Answer 96

1. SC has direct appeal J from any order granting/denying an injunction in any proceeding req to be heard by 3 judge ct.
2. SC may review any case in ct of appeals by certiorari
3. SC may review highest state ct with jurisdiction by certioriari (when validity of fed/state law is questioned on grounds it vio Constitution or fed law)

Question 97

res judicata

Answer 97

claim preclusion

1. final judgment on merits - P barred from trying same COA later
2. COA includes all claims arising out of the same transaction or occ that is the subject matter of a claim asserted by P

Question 98

collateral estoppel

Answer 98

issue preclusion

1. final judgment is conclusive in a subsequent action on a diff COA between same parties
2. as to issues actually litigated and essential to the judgment in the 1st action

Question 99

choice of law for preclusion questions

Answer 99

always involve 2 cases (1 with valud final judgment on merits)

1. case 1 state- case 2 state/fed = case 2 ct will apply claim/preclusion law of case 1 ct
2. case 1 fed diversity- case 2 ct should apply fed law

Question 100

types of preclusion

Answer 100

res judicata (claim preclusion)
collateral estoppel (issue preclusion)