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Preclusion Outline

Law Outlines > Civil Procedure Outlines

This is an extract of our Preclusion document, which we sell as part of our Civil Procedure Outlines collection written by the top tier of U.C. Berkeley School Of Law (Boalt Hall) students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Procedure Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Preclusion Affects how pre-litigation phases.

1 Res judicata 1 Collateral Estoppel 1 Stare Decisis Purpose of final judgment/ Policies Finality allows the parties reposeAllows parties/others affected by the result to plan for future oncejudgment is rendered Conserves judicial time, allows court to move on to other judicialbusiness Finality may save court system the embarrassment that would result ifsame matter were litigated more than once, and courts gave different answers (legal fiction of consistency) Criticisms What if parties don't discover relevant information until after thejudgment?
What if person affected by the judgment is not alerted to the litigationuntil after judgment is rendered?
What if court made a mistake?Res Judicata - Claim Preclusion Restatement Second of Judgments Section 17 Finality attached to final judgment granting/denying plaintiff's claims. If plaintiff wins, plaintiff may not bring those claims or related claims against defendant in the future. (Doctrine of merger) Similarly, if plaintiff loses, those claims are barred from future litigation. (Doctrine of bar)

1 2 3 4

Elements Parties in both prior suit and current suit must be identical Court of competent jurisdiction must have rendered prior judgment Prior judgment must have been final and on the merits Plaintiff must raise same cause of action in both suits. Courts can raise res judicata on its own. Factual groupings = transaction Groupings = series How? Determine these pragmatically, giving weight to such considerations as: whether the facts are related in time, space, origin, or motivation, whether they

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