SIXTH BIG TOPIC: PRECLUSION Flashcards
(32 cards)
If Case 2 is in a different court system (e.g., federal or state) from Case 1, which system’s law applies regarding claim and issue preclusion?
It is the system that decided case 1.
So Case 1 is in federal court, where judgment is entered. Case 2 is in California state court. What law of claim and issue preclusion does the state court judge use?
Federal law
Suppose the judgment in Case 1 has been appealed (or the time for appealing has not yet expired). Is that judgment entitled to claim or issue preclusion effect? (federal? state?)
Federal: Yes
State Law: no
Claim and issue preclusion are affirmative defenses, so defendant should raise them in her
answer
Claim and issue preclusion are affirmative defenses, so defendant should raise them in her answer. How is the issue often presented on the bar exam?
It is a motion for summary judgment because there is not dispute of fact.
What is claim preclusion also known as?
res judicata
what does res judicata/issue preclusion stand for?
stands for the proposition that you only get to sue on a cause of action (or claim) once. So if you have a cause of action (or claim) you only get one case in which to vindicate all rights to relief for it.
What are the requirements of res judicata?
- Case 1 and Case 2 were brought by the same claimant against the same defendant.
(Note: not just same parties, but same guy suing the same guy in both cases.) - Case 1 ended in a valid final judgment on the merits
- Case 1 and Case 2 asserted the same cause of action (or claim).
General rule: Unless the court said otherwise when it entered the judgment, any judgment is “on the merits” UNLESS it was based on what?
jurisdiction, venue, or indispensable parties.
is a default judgment “on the merits”?
yes
Is a judgment based upon discovery abuse “on the merits”?
yes
Under federal law what does a claim mean?
From same transaction or occurrence.
in CA law you get a cause of action for what?
you get one “cause of action” for each right invaded
if a single accident caused both personal injuries and property damage how many claims would you have in CA?
2
California law: you get one “cause of action” for each right invaded. So if a single accident caused both personal injuries and property damage, there would be two causes of action – one for the body and one for the property. What is this theory called?
Primary rights
P sues D for personal injuries sustained in an auto collision. A valid final judgment on the merits is entered. Case 2: P sues D for property damage from the same crash. Should the court enter summary judgment for D in Case 2 under the
doctrine of claim preclusion? Do the analysis.for state and federal.
- both cases were brought by the same claimant against the same defendant
- Case 1 ended in a valid final judgement on the merits
- Both cases involve the same claim (yes they arise form same T/O [fed]) or cause of action (no [state], different primary rights)
So would have claim preclusion in Federal court but not in state court
P and D are parties to a contract under which D is required to make monthly payments. When P files Case 1, D has failed to make six such payments. Under federal and California law, are there six separate claims here or only one claim or cause of action?
There is one, it consists of all breaches up to the time of filing.
Is issue preclusion or claim preclusion more narrow?
Issue preclusion is more narrow.
What is issue preclusion also known as?
Collateral Estoppel
What does Collateral Estoppel do?
It precludes relitigation of a particular issue litigated and determined before. That issue is deemed established in Case 2, so it cannot be relitigated.
What are the collateral estoppel requirements?
- Case 1 ended in a valid, final judgment on the merits.
- The same issue was actually litigated and determined in Case 1.
- The issue was essential to the judgment in Case 1. Without this issue, the judgment in Case 1 would have been different.
- the issue is being a asserted against someone who was a party to case 1.
- The party had a full chance to litigate in case 1. (differs in offensive and defensive non-mutual issue preclusion)
Against whom can issue preclusion be asserted?
Only against one who was a party to Case 1 (or who was represented by a party).
Against whom can issue preclusion be asserted? Only against one who was a party to Case 1 (or who was represented by a party). What is this required by?
Due process
Will you get issue preclusion if there is a default judgment?
Probably not,because you probably did not litigate anything.
