Preclusion
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| 134. Preclusion is the doctrine that limits the relitigation of issues and claims. The two kinds of preclusion are: | —Claim preclusion
—Issue preclusion
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| 135. Another name for preclusion is ___. | res judicata
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| 136. Claim preclusion includes the doctrines of ___. | merger and bar
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| 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
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| 138. Bar applies to ___. It provides that a judgment for defendant ___ on the same claim. | judgments for Defendant
bars another action by plaintiff
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| 139. The-elements of claim preclusion are: | a. same claim
b. same parties
c. valid and final judgment
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| 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)
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| 141. Issue preclusion is also known as ___. | collateral estoppel
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| 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
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| 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
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| 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
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Created by:
longhorn90
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