Law Outlines Civil Procedure (Duke Trina Jones) Outlines
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Rule 8(c): res judicata 4 elements
The claim in the second action must be the same as that litigated in the first.
Including claims that could have been brought in the first lawsuit
Same transaction test (used by the federal courts and many state courts): parties are barred from litigating in a second lawsuit any further claims that arise from the same transaction in the first lawsuit.
Same evidence test (some states): One suit precludes a second where the parties and the cause of action are identical. Causes of action are identical where the evidence necessary to sustain a second verdict would sustain the first.
The parties must be the same
Situations where a nonparty will be bound by a judgment
agreement by the parties to be bound by a prior action
preexisting substantive legal relationship (such as buyer and seller of property)
adequate representation by someone with the same interests who was a party (such as trustees, guardians, and other fiduciaries)
a party assuming control over prior litigation
party who loses an individual suit then suing again, this time as the representative of a class
special statutory schemes such as bankruptcy and probate proceedings, provided those proceedings comport with due process
The judgment rendered in the first action must be final
The judgment must have been rendered on the merits of the case
Not on the merits: dismissals for lack of subject matter jurisdiction, lack of personal jurisdiction, improper venue, failure to join a party (Rule 41(b))
Preclusion effect: default judgment; dismissal for failure to prosecute (P files an action and does not pursue it); summary judgment; (for most courts) dismissal for failure to state a claim
Rationale for res judicata
Respect for the first court’s authority
The parties’ reliance on the settled rights
The need to conserve judicial resources
Prevents inconsistency
More efficient
Prevent harassment
Intersystem claim: the full faith and credit statute requires a federal court to give a state court judgment the same preclusive effect such judgment would have in a state court. And vice versa. 28 U.S.C. §1738
Collateral estoppel 4 elements
The issue to be precluded in the second action must be the same as that litigated in the first
Different burden of proof may be different issues: prevailing the civil lawsuit does not mean that the issue will be precluded in a criminal lawsuit, because in a civil lawsuit the burden of proof is a preponderance of evidence, whereas in a criminal lawsuit it’s beyond a reasonable doubt.
It must have been actually litigated in the first action
It...
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