Civil Procedure Multistate Bar Practice Exam

What is generally required for both claim preclusion and issue preclusion?

1. A valid, final judgment on the merits

2. A unanimous jury verdict

3. A second chance to present evidence

4. Multiple parties in both cases

The correct answer is: A valid, final judgment on the merits

A valid, final judgment on the merits is essential for both claim preclusion and issue preclusion to apply. Claim preclusion, also known as res judicata, bars a party from relitigating a claim that has already been decided by a competent court. This rule aims to bring finality to disputes, ensuring that once a final judgment is reached, the parties cannot reopen the case or present the same claim again. Similarly, issue preclusion, or collateral estoppel, prevents the re-litigation of specific issues that have been conclusively determined in a prior action. Just like claim preclusion, for issue preclusion to operate, there must have been a valid, final judgment regarding the issue in the previous case. The requirement of a valid, final judgment underscores the idea that the outcome of a case should be respected and should not be interrogated repeatedly, preserving judicial resources and providing stability in the legal system. Thus, the presence of a valid, final judgment on the merits is a foundational component that must be met for either doctrine to apply.