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Civil Procedure: Preclusion

Claim Preclusion (Res Judicata): Res Judicata

1. Valid final Judgment on the merits. When there is a full and final judgment on the merits, Res Judicata precludes reassertion of the calimants cause of action in court.

2. Parties identical or in privity.

3. Arising out of the same transaction or occurances (common nucleus of operative fact).

Issue Preclusion (Collateral Estoppel): Collateral Estoppel

1. Valid final Judgment on the merits.

2. Enforceable against identical party or in privity.

3. Issue actually litigated and necesarily decided.

Third Party Preclusion:

1. Who is precluded from asserting the claim or issue? Parties are bound. Those with Privity are bound.

2. Mutuality

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