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briefly the difference between claim and issue preclusion in civil procedure?

2006-11-18 08:32:58 · 1 answers · asked by skichamonix515 3 in Politics & Government Law & Ethics

1 answers

Claim preclusion prevents a party from attempting to re-litigate a claim (complaint) that has already been ruled upon.

Issue preclusion prohibits arguing one specific legal question, such as one element of a tort, even in unrelated proceedings.

For example, I sue you for assault, because you threw a bottle at me. The trial determines that you didn't throw the bottle. I then sue you for trespass, because the bottle landed on my property. That's not barred by claim preclusion because it's a different tort -- assault vs. trespass. However, issue preclusion can be raised as a defense, since the issue of whether you threw the bottle has been litigated. So, I'd have to prove my case, given the fact that you didn't throw the bottle.

Not a great example, but it's what came to mind.

2006-11-18 08:47:10 · answer #1 · answered by coragryph 7 · 0 0

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