Claim Preclusion Analysis
Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
Claim Preclusion Analysis Components
- 1. Claim Preclusion Defined
- 2. Privity
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.
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
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