Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
11 Cards in this Set
- Front
- Back
|
Claim and issue preclusion should be raised by D...
|
D should raise affirmative defense of claim and issue preclusion in her answer.
|
|
|
Choice of law claim and issue preclusion.
|
The law of the court that decided case #1 applies if case #2 is brought in a different court system.
|
|
|
Ohio District Court issues final judgment in case #1. Case #2 is brought in California state court. Choice of law?
|
Federal law.
|
|
|
D appeals judgment in case #1 by Ohio District Court. Is the judgment entitled to claim or issue preclusion?
|
Federal law: yes. California: no.
|
|
|
Claim preclusion.
|
Claim preclusion prevents re-assertion of claimant's cause of action when there has been a final judgment on the merits.
|
|
|
On the merits.
|
Any judgment is on the merits unless based on jurisdiction, venue, or indispensable parties.
|
|
|
Collateral estoppel (issue preclusion).
|
Issues of fact actually litigated and essential to a judgment in a 1st action are conclusive in a subsequent, although different, action between P and D or their privies.
|
|
|
Claim v. cause of action.
|
"Claim" defined as all rights to relief arising from a transaction or occurrence under federal law.
"Cause of action" means that for each right raised, there is a separate cause of action under California's primary rights theory. |
|
|
Primary rights theory.
|
1 cause of action = 1 right raised. P sues D for battery and conversion => 2 causes of action.
|
|
|
Claim preclusion analysis.
|
Three-step analysis: 1) is C1 and C2 brought by same P against same D 2) did C1 end in final judgment on the merits 3) do both cases involve the same claim (Fed) or cause of action (Cal)?
|
|
|
If claim preclusion bars P from trying a cause of action in a later lawsuit because the earlier action was dismissed by way of summary judgment, it will be because...
|
Summary judgment motion is granted on the pleadings if no genuine issue of material fact exists and the moving party is entitled to a judgment as a matter of law. Thus, a summary judgment is a judgment on the merits -- no disputed fact issues existed -- therefore res judicata, applies because it was a final judgment on the merits.
|
