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Preclusion by Mind Map: Preclusion
5.0 stars - 1 reviews range from 0 to 5

Preclusion

Claim Preclusion

Prevents claims that could have and should have been brought

Elements

Same claim in the 2nd as the 1st, Claims that were, or could have and should have been brought, Tests, Transactional test, All claims that arise, Related in time and space, Underlying core of operative facts, Same Evidence, Same evidence used in both, Substantial overlap of elements, Primary rights, Are the primary rights being sought the same

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

Final judgment, On the merits, Jury verdict, Summary judgment, Directed verdict, JNOV, Sanctions

Issue Preclusion

Same issue, actually litigated, and determined

Valid final judgment

Essential

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

Parties

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