Preclusion

Get Started. It's Free
or sign up with your email address
Rocket clouds
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

1.2.1.1. Claims that were, or could have and should have been brought

1.2.1.1.1. Tests

1.2.2. Same parties

1.2.2.1. Or parties in privity

1.2.2.1.1. Privity: Having the identical legal rights

1.2.3. Final judgment

1.2.3.1. On the merits

1.2.3.1.1. Jury verdict

1.2.3.1.2. Summary judgment

1.2.3.1.3. Directed verdict

1.2.3.1.4. JNOV

1.2.3.1.5. 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

2.3.1.1. RI

2.3.1.1.1. All are given preclusive effect

2.3.1.2. RII

2.3.1.2.1. None are given preclusive effect unless appealed and affirmed

2.4. Parties

2.4.1. Mutuality

2.4.1.1. Fairness factors

2.4.1.1.1. Could the party have easily joined the 1st suit

2.4.1.1.2. Incentive to litigate the 1st vs the 2nd

2.4.1.1.3. Procedural opportunities available in the 2nd not available in the 1st that would lead to a different result

2.4.1.1.4. Prior inconsistent judgments

2.4.1.2. Non mutual allowed

2.4.1.2.1. Federal, yes

2.4.1.2.2. Offensive, non-mutual not allowed against US gov't