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Preclusion by Mind Map: Preclusion

1. Claim Preclusion

1.1. Prevents claims that could have and should have been brought

1.2. Elements

1.2.1. Same claim in the 2nd as the 1st Claims that were, or could have and should have been brought Tests

1.2.2. Same parties Or parties in privity Privity: Having the identical legal rights

1.2.3. Final judgment On the merits Jury verdict Summary judgment Directed verdict JNOV Sanctions

2. Issue Preclusion

2.1. Same issue, actually litigated, and determined

2.2. Valid final judgment

2.3. Essential

2.3.1. Alternative bases RI All are given preclusive effect RII None are given preclusive effect unless appealed and affirmed

2.4. Parties

2.4.1. Mutuality Fairness factors Could the party have easily joined the 1st suit Incentive to litigate the 1st vs the 2nd Procedural opportunities available in the 2nd not available in the 1st that would lead to a different result Prior inconsistent judgments Non mutual allowed Federal, yes Offensive, non-mutual not allowed against US gov't