Claim And Defense Preclusion

Front 1

Claim Preclusion

Back 1

3 elements
1) only judgments that are final valid, and on the merits have preclusive effect;
2) the parties in the subsequent action must be identical to those in the first; and
3) the claim in the second suit must involve matters properly considered included in the first action

Front 2

Res Judicata (a thing decided)

Back 2

General
- all of the ways in which a judgment in one case will be binding in later case
Technical
- applies when a party is attempting to re-litigate the same claim o cause of action
- will intervene in that situation to preclude litigation in matters decided in a prior action or might have been litigate in a prior action

Front 3

Merger

Back 3

1) If the P wins a valid judgment on the merits in action 1 it is said that his claim and cause of action merges with the judgment and does not exist anymore
2) if you left out pieces of your cause action, they are gone

Front 4

Bar

Back 4

1) if D wins, the judgment bars any additional claim

Front 5

Rush v. City of Mapple Heights (OH 1958)

Back 5

A single tort can be the basis of but one action
- can sue for personal and property damages, but must be sued for in one suit

Front 6

Defense Preclusion

Back 6

1) a party cannot split a cause of action and use one portion for a defense in an earlier suit and another portion for the basis of a complaint

Front 7

Issue Preclusion

Back 7

1) precludes a right, question, or fact distinctly put in issue as a ground for recovery from being disputed in a subsequent suit between the same parties or their privies, even if the second suit is a different cause of action
2) when 2 suits invovle same cause of action
- issue preclusion is sometimes called direct estoppel
3) when 2 suit invovles a new claim or cause of action
- issue perclusion is sometimes called collateral estoppel

Front 8

Actually Litigated

Back 8

Estoppel judgment in one cause of action to an action arising out of another cause of action applies when the issue in question was acually litigated and determined in the first action

Front 9

Necessarily Decided

Back 9

An issue that was actually litigated in a prior suit will have a binding effect in a later suit only if the decision of the issue was necessary to the former judgment

Front 10

Russel v. Place

Back 10

Collateral Estoppel applies only if the precise issue in question has been litigated and determined in a former suit

Front 11

Rios v. Davis

Back 11

A finding of fact which is not material or essential to the judgment of a suit between 2 parties is binding on the parties in a later suit
- a finding of fact which does not become the basis of the judgment rendered is not conclusive against either party to the suit