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. P then files an action in Bartkansas state court to enforce the judgment. At that point, D objects to the merits and to personal jurisdiction from the earlier claim. P argues that preclusion principles prevent relitigation of both the merits and of personal jurisdiction. Is P correct?
2. Issues versus claims II. P sues D in Homeria state court for negligence. D appears and challenges personal jurisdiction. The Homeria court holds that it has personal jurisdiction over D. D also loses on the merits and the court enters a final judgment against him. P then files an action in Bartkansas state court to enforce the judgment. At that point, D objects to the merits and personal jurisdiction in the earlier claim. P argues that preclusion principles prevent relitigation of the merits and of personal jurisdiction. Is P correct?
Updated Apr. 16, 2015