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Claim Preclusion

The lesson explores the elements of claim preclusion, sometimes referred to as res judicata.

Learning Outcomes

On completion of the lesson, the student will be able to:

  1. List the elements of claim preclusion.
  2. Define the effect of claim preclusion on subsequent litigation.
  3. Explain when a subsequent claim is sufficiently related to the earlier claim to fall within its preclusive effect.
  4. Define the meaning of an adjudication "on the merits" entitling the judgment to preclusive effect.
  5. Identify the circumstance in which a non-party to earlier litigation will be deemed to stand in the shoes of an earlier litigant pursuant to the "privity" doctrine.
  6. Describe the impact of a judicial designation that a dismissal is with or without prejudice.
  7. Compare the occasions in which a defendant may be precluded from later asserting a claim that could have been asserted as a counterclaim in the prior preceding.
  8. List the various exceptions to claim preclusion.
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