Submitted by: Submitted by ambitionz13
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Pages: 102
Category: Other Topics
Date Submitted: 02/16/2012 01:20 PM
• Doctrine of Estoppel by Adjudication/Former Adjudication:
o Definition: System of how often you can retry something. The effect of a judgment on subsequent litigation
o Purpose: to impel parties to consolidate all closely related matters into one suit in order to prevent the oppression of defendants
o Policy:
o If didn't have system:
People would sue back and forth.
Sue again if didn't like outcome
o You need this doctrine to make the system work.
o This is a concept of finality. To make the system work the judgments have to be enforceable but have to be immune from attack.
o Res Judicata/Claim Preclusion: litigation of a claim precludes a P from litigating everything that was litigated and anything that could be litigated.
o In a claim based state you would need to bring any and all claims that arise out of that same transaction. ("Same Transaction Rule")
Under FRCP Rule 8(a) the pleading short and plain statement of claim that shows pleader entitled to relief. (No where does it mention facts
In federal courts you don't have to plead facts. You can plead conclusions.
Compulsory joinder is implied. If you fail to join any claim arising out of the transaction, that claim is waived.
This is so, eventhough it is not a federal rule. (This is not Rule 18)
o In a code based state the pleading must be based on the facts constituting your cause of action. ("Same Evidence Rule")
Therefore a second lawsuit is only precluded if it is litigated on the same evidence as the first lawsuit. ("Same Evidence Rule")
o Rush v. City of Maple Heights (Motorcycle accident. 1st suit re property damages, 2nd suit re personal injury damages. She is saying issue preclusion re: issue of negligence and cause b/c decided in 1st lawsuit. City says claim preclusion b/c arose out of the same transaction. She argued no under Vasu which says property and personal injury claims are separate cause of action.
o Ct adopts majority rule and overrule Vasu saying...