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Preclusion

QuestionAnswer
134. Preclusion is the doctrine that limits the relitigation of issues and claims. The two kinds of preclusion are: —Claim preclusion —Issue preclusion
135. Another name for preclusion is ___. res judicata
136. Claim preclusion includes the doctrines of ___. merger and bar
137. Merger applies to ___. It provides that a ___ judgment for plaintiff (a) prevents plaintiff from suing again, except in a collection action on the judgment, and (b) bars defendant's defenses in an action on the judgment.’ judgments for Plaintiff valid and final
138. Bar applies to ___. It provides that a judgment for defendant ___ on the same claim. judgments for Defendant bars another action by plaintiff
139. The-elements of claim preclusion are: a. same claim b. same parties c. valid and final judgment
140. Claim preclusion does not apply to certain actions, including: a. Dismissal on grounds of jurisdiction, venue, or party joinder b. Nonsuit without prejudice c. Where preclusion is denied by statute d. Small Claims courts (in some jurisdictions)
141. Issue preclusion is also known as ___. collateral estoppel
142. Issue preclusion does not apply to whole lawsuits, but to: a. issues of law or fact b. that were actually litigated c. that ended in a valid and final judgment, d. where determination of that issue was essential to the judgment, and e. where the judgment is binding on the party being estopped
143. Issue preclusion no longer requires ___. This is also known as offensive collateral estoppel. It means that a person who was not a party to the first lawsuit can use the results of that action against any person who was a ___ and had a ___. mutuality of parties party full and fair opportunity to litigate
144. The Law of the Case Doctrine is another preclusion device that prevents relitigation of the same issues within ___ prior to final judgment. the same lawsuit
Created by: longhorn90
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