Category Archives: Civil Procedure

Issue preclusion problems

Explanations will be posted here after we complete our discussion of the materials. In addition to doing the problems below, study the handout, When is an issue “essential to the judgment”? 1. Issues versus claims I.  P sues D in Homeria state court for negligence.  D doesn’t appear and default judgment is later entered against him.  […]

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Non-mutual issue preclusion problems

Explanations will be posted here after we complete our discussion of the materials. In addition to doing the problems below, study the handout, Non-mutual collateral estoppel (issue preclusion) 1. Non-mutual collateral estoppel against non-litigant.  Sally pays her rent 1 day late.  Landlord invokes a penalty clause of her lease and sues Sally for a $100 penalty for […]

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Claim Preclusion problems

Based on the assigned materials, how would you resolve the questions below? Some of these questions are based on my old casebook, so you won’t necessarily be able to answer all the questions. Try your best anyway and we’ll discuss them in class. Explanations will be posted here after we complete our discussion of the materials. […]

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