In general The relationship between fairness, finality, and flexibility Claim preclusion (a/k/a/ res judicata) Claim preclusion problem set: questions Claim preclusion problem set: explanations Issue preclusion (a/k/a collateral estoppel) When is an issue “essential to the judgment”? Issue preclusion problem set: questions Issue preclusion problem set: explanations Non-mutual issue preclusion (a/k/a/ non-mutual collateral estoppel) Non-mutual […]
Instructions: ASSUME we are in a jurisdiction with a contributory negligence rule. FURTHER ASSUME that the record shows that the finder of fact actually decided each of the eight bullet-point issues below. For each of the eight issues actually decided, ask, going issue-by-issue: if the outcome of that issue were reversed, would the result of the […]
Non-mutual issue preclusion is the exercise of issue preclusion (a/k/a/ collateral estoppel) by a person who was not a party to the prior litigation. That person might be a claimant (asserting it offensively, thus “offensive non-mutual issue preclusion”), or a defending party (asserting it defensively, thus “defensive non-mutual issue preclusion”). Non-mutual issue preclusion (or “NMIP”) […]
Plaintiff drafts and files a complaint with the court. After being served, defendant realizes that plaintiff forgot to sign the complaint. Defendant moves for an immediate dismissal. True or False: The Court may dismiss the complaint. Penny has a “gut feeling” that Donald might have borrowed Penny’s Furrari automobile without authorization and crashed it. Based […]
