Welcome back to BarPass™, the podcast that helps you prepare for the bar exam in just 10 minutes at a time.
In today’s episode, we’re covering one of the Civil Procedure doctrines: Preclusion. This doctrine determines when a prior judgment prevents parties from relitigating claims or issues in a later lawsuit.
We’ll break preclusion into its two major components:
- Claim preclusion, also known as res judicata, which means that once a claim has been litigated and resolved with a final judgment on the merits, the same parties cannot bring the same claim again.
- Issue preclusion, or collateral estoppel, which prevents a party from relitigating a specific issue that was already actually litigated and essential to a prior judgment.
By the end of this episode, you’ll clearly understand when a prior judgment blocks a second lawsuit.
Let’s get started.
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