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Insofar as time permits, we also will study:
VII. Preclusive Effects of Judgments
A. Res Judicata
(A valid, final, judgment on the merits by a court of competent jurisdiction is conclusive on the parties in any subsequent litigation of the same cause of action, whether the matters comprising such cause actually were litigated or could have been litigated.)
1. Defining a cause of action (pp. 1092-1111)
2. When may a cause of action be split? (pp. 1111-20)
3. What is a decision “on the merits”? (pp. 1120-25)
4. Problems caused by our federal system (pp. 1125-33 top)
B. Collateral Estoppel
(A judgment on one cause of action estops parties or their privies from
relitigating, in conjunction with a second cause of action, issues actually litigated
and the determination of which the initial judgment was based upon.)
1. What was litigated? (pp. 1142-58)
2. Alternative grounds for a decision (pp. 1158-64)
C. Who is bound by a judgment?
1. Who is in privity? (pp. 1164-73)
2. Mutuality of estoppel (pp. 1173-88)
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