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11 Cards in this Set
- Front
- Back
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What are the elements of claim preclusion?
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1. Same claim
2. Same parties 3. Final judgment on the merits |
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Same claims
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a. Identical claims
b. Transactionally related claims |
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Identical claims
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Same causes of action
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Transactionally related claims
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Claims that could have been raised in the prior action.
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Same Parties
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a. Identical parties
b. Parties in privity |
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Parties in privity
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i. Substantive relationship
ii. Relationship in prior action |
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Final judgment on the merits
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Conclusion of prior case was based on the validity of the claim rather than on procedural grounds.
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What are the elements of issue preclusion (Collateral estoppel)
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1. Same parties
2. Same Issue 3. Actually litigated and determined 4. Necessary to the judgment |
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Actually litigated and determined
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Was the issue raised and argued by the parties?
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Necessary to judgment
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a. Outcome determinative
b. Multiple grounds |
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Outcome determinative
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Would a different outcome have made a difference?
*Was the a general verdict issued based on evidence presenting multiple grounds supporting recovery? |
