Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Preclusion
| Question | Answer |
|---|---|
| 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
Popular Law sets