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8 Cards in this Set

  • Front
  • Back
Name the five elements of Issue Preclusion
1. An issue of fact or law
2. Actually litigated and determined
3. A valid and final judgment
4. the determination is essential to the judgement
5. the determination is conclusive in a subsequent action BETWEEN THE PARTIES.
What do you focus on with the "same issue?"
burden of proof
What do you consider with "atually litigated and determined?"
If a particular fact must have been decided in a particular way for hte court to reach the result.
If it is NOT clear which path the court took, i.p. will not apply.
What is meant under the "essential to the judgment" prong?
This deals with the problem of a court explicitly states the reason for its holding. If a P/D could have won a few ways, we now say that neither is precluded.
Dealing with the "between parties" prong, what do we consider here?
Mutuality. CL required the same parties in the second action. Modern now relaxes this, and it turns on offensive or defensive use.
What is offensive use in i.p.?
Offensive use is used by one party who is tring to recover on a claim in the 2nd suit.
S1 Grant v. Tricia
S2 Chris v. Tricia
(Chris using i.p.)*Hi Grant!
What is defensive use in i.p.?
Defensive use is use by a party who is defending on a claim in the second suit.
S1 Grant v. Tricia
S2 Grant v. Tricia
(Tricia using i.p.)
What court uses offensive/defensive use?
Federal: allow offensive if the tc would.
Ohio: mutuality rule applied, and only allow defensive use.