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6 Cards in this Set

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  • Back
CA -- Preclusion
Two types
Claim Preclusion (res judicata) only get to sue on a cause of action once

OR

Issue Preclusion (collateral estoppel) precludes litigation of an issue that has already been decided
CA -- Preclusion
Claim Preclusion (res judicata)
Requirements
1) Claims brought by same defendant
2) First claim ended in a final judgment on the merits UNLESS based on (Jx, venue, indispensible parties)
3) Claims brought on same cause of action

Primary Rights Theory -- one cause of action of each right invoked (ex. auto crash with injury -- one cause of action each for bodily harm and property harm)
CA -- Preclusion
Issue Preclusion (collateral estoppel)
Requirements
1) First claim ended in judgment on the merits
2) Same issue between first and second claim
3) Issue was essential in the first claim

(separate card on who can assert)
CA -- Preclusion
Issue Preclusion
(who can assert)
--Non-Mutual Defensive Issue Preclusion: does not have to be someone in Case 1 (Defendant in Case 2) requires:
-party being claimed against had a full chance to litigate in Case 1

--Non-Mutual Offensive Issue Preclusion: does not have to be someone in Case 1 (Plaintiff in Case 2) but requires fairness factors (see separate card)
CA -- Preclusion
Issue Preclusion

Fairness Factors for Nonmutual Offensive Issue Preclusion
(for Defendant in Claim 2)

-full and fair opportunity litigate in Case 1
-could foresee multiple suits
-Plaintiff NOW could not have joined easily in Case 1
-no inconsistent judgments on record
CA -- Preclusion
Issue Preclusion

(whom can it be assert against)
By a party in Case 1