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Preclusion, . - Coggle Diagram
Preclusion
Is a claim in the second suit precluded by prior adjudication?
YES
CLAIM PRECLUSION
a final judgment on the merits of a claim bars relitigation of that claim by the same parties or their successors in interest
REQUIREMENTS
.
SAME CLAIMANT V SAME DEFENDANT
The claimant and defendant of the first action must be the claimant and defendant in the second action. it is not enough that the same litigants were parties in the previous case; they must have been
IN THE SAME CONFIGURATION
of one asserting a claim against the other.
.
CLASS ACTIONS
just as for successors in interest, all members of a class share the same legal interest so they are treated as the same party.
.
1 more item...
PARTIES TO THE FIRST ACTION MUST BE IDENTICAL IN THE SECOND
BOTH the claimant and defendant of the first action must be the claimant and the defendant in the second action.
SUCCESSORS IN INTEREST
a successor in interest stands in the shoes of his or her predecessor in interest. both parties share the same legal interest so they are treated as the same party.
.
3 more items...
the second suit must involve the
SAME CLAIM
or
CAUSE OF ACTION
SAME CLAIM
that
WAS RAISED
or
SHOULD HAVE BEEN RAISED
in the first action.
.
all legal theories to recover for harm arising out of a single transaction or occurrence count as the same claim for purposes of claim preclusion.
1 more item...
SAME CLAIM FOR PURPOSES OF PRECLUSION IF CONTRACT & TORT CLAIM SEEK REDRESS FOR SAME HARM
unless state law provides otherwise, if both contract and tort claims seek redress for the same harm, then they are the same claim
VALID FINAL JUDGMENT ON THE MERITS OF THE CLAIM
there must have been a
FINAL JUDGMENT ON THE MERITS
in the first suit.
.
ELEMENTS
.
3 more items...
INQUIRY
WHAT IS A VALID FINAL JUDGMENT ON THE MERITS OF THE CLAIM?
1 more item...
.
NO
are there any issues in the second suit precluded by prior adjudication?
YES
ISSUE PRECLUSION
the doctrine of issue preclusion
PRECLUDES
the
RELITIGATION
of
ISSUES
of
FACT
or
LAW
that have already been
NECESSARILY DETERMINED
in an earlier adjudication.
REQUIREMENTS
.
SAME ISSUE OF FACT
The same issue of fact must arise in both suits. it does not matter if the two suits involve entirely different claims so long as there is a common issue of fact.
the facts relevant to the particular issue and the applicable law must be identical in order for issue preclusion to apply
ISSUE ACTUALLY LITIGATED AND DETERMINED
the issue on which issue preclusion applies must actually have been litigated and determined in the previous case
ISSUE WAS ESSENTIAL TO THE JUDGMENT
the determination of the issue must have been essential to the judgment.
MUTUALITY
THE PARTY TO BE PRECLUDED MUST HAVE BEEN A PARTY TO THE FIRST SUIT
the party to be precluded must have been a party to the first suit.
.
NO
NO PRECLUSION
.
