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Res Judicata

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by

Brigham Fordham

on 23 March 2014

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Transcript of Res Judicata

res judicata
Claim Preclusion
1. There is a prior judgment that is final, valid, and on the merits.
2. The same parties were opponents in the prior judgment
3. The new claim is within the scope of the prior judgment
final
There was a final ruling at the trial court level.
valid
The prior court had jurisdiction to hear the prior case.
on the merits
The court rendered the decision on the merits.
(The judgment wasn't purely procedural or the result of the parties reaching a settlement.)
Issue Preclusion
prior action
new action
v.
v.
is the new claim the same transaction or occurrence as the prior claim?
1. There is a prior judgment that is final, valid, and on the merits.
2. The same issue was adjudicated in the prior case.
it was actually litigated. (evidence was presented to a fact-finder.)
it was actually decided by a fact finder.
the fact-finder's conclusion was necessary to the prior judgment.
3. The party against whom preclusion is now being invoked was a party to the prior case.
only a repeat player can be bound!
BUT WAIT!
If issue preclusion is being asserted offensively BY someone who is NOT a repeat player, issue preclusion depends upon certain
fairness factors
.
prior case: A v. B
new case: C v. B
on the merits
The court rendered the decision on the merits.
(The judgment wasn't purely procedural or the result of the parties reaching a settlement.)
valid
The prior court had jurisdiction to hear the prior case.
final
There was a final ruling at the trial court level.
res judicata
Issue
Preclusion
Claim Preclusion
if all the requirements are met, the prior claim PRECLUDES the later one
if all the requirements are met, the ISSUE is decided and cannot be re-litigated in the new case.
aka collateral estoppel
aka res judicata
when does
lawsuit #1
preclude litigation of
lawsuit #2
?
Full transcript