Claim Preclusion Analysis

Card Set Information

Author:
letzgostate
ID:
29159
Filename:
Claim Preclusion Analysis
Updated:
2010-08-06 17:28:29
Tags:
CivPro claim preclusion civil procedure
Folders:

Description:
Claim Preclusion Analysis
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user letzgostate on FreezingBlue Flashcards. What would you like to do?


  1. Claim Preclusion Analysis Components
    • 1. Claim Preclusion Defined
    • 2. Privity
  2. Claim Preclusion Elements
    (aka res judicata)

    Bars claim in 2nd suit from being litigated where:

    1. Claim sought to be barred is same as claim brought in 1st suit; or one that should have been brought;

    • 2. Parties in 2nd suit are either same parties as those in 1st suit, or are in privity with them;
    • 3. AND, 1st lawsuit ended with a final judgment on the merits.
  3. Privity
    A Party is in Privity with Another when:

    - he has same legal interest as party to 1st suit

    - AND, his legal rights relative to interest were litigated in the 1st suit

    - such that he was adequately represented
  4. Claim Preclusion/Privity Analysis
    Must have all 3 elements of claim preclusion and privity for claim preclusion to be effective.

What would you like to do?

Home > Flashcards > Print Preview