Element 2: Final, Valid, & on the Merits Court has definitively ruled & all that’s left is to enforce – the judgment (fed court has to be noted on docket); TC decision – is final, even while an appeal is pending (majority & fed courts); CA minority rule: judgment not final for purposes of preclusion – until appellate process is complete a judgment is deemed (1) if had proper notice, Validity – ∆ (2) if the requisites of PJ were satisfied, (3) and if the rendering court had SMJ over the controversy; No fraud, duress or mistake On the Merits a final judgment for is on the merits; if a always – π final judgment for on procedural grounds (i.e. lack of PJ) then ∆ not on the merits. Restatement a judgment in favor of a although valid & – ∆, final, will not trigger claim preclusion: (a) when the judgment is one of dismissal for lack of jurisdiction, for improper venue, or for nonjoinder or misjoinder of parties; or (b) when the agrees or elects a nonsuit (or voluntary π dismissal) w/o prejudice or the court directs that the be π nonsuited (or that the action be otherwise dismissed) w/o prejudice; or (c) when by statute or rule of court the judgment does not operate as a bar to another action on the same claim, or does not so operate unless the court specifies, & no such specification is made. Similarly, a valid & final personal judgment for the which rests on ∆, the prematurity of the action or on the failure to satisfy π’s a precondition to suit, does not bar another action by the π instituted after the claim has matured, or the precondition has been satisfied, unless a 2nd action is precluded by operation of the substantive law. Same Parties or Those in Privity w/ Them Literally same parties in 2nd case as 1st Adverse to each other on the claim in both cases Same capacity (trustee; party; individual) Privity 3 types of relationships – Successive interest of real or personal property Relationships that intertwine the substantive legal interests as a party or nonparty (intertwined legal interests) [bailor/bailee; employer/employee vicarious liability] **relationship is such that the other party should be benefited or burdened by the judgment**
Element 2: Final, Valid, & on the Merits – Court has definitively ruled & all that’s left is to enforce the judgment (fed court – has to be noted on docket); TC decision is final, even while an appeal is pending (majority & fed courts); CA – minority rule: judgment not final for purposes of preclusion until appellate process is complete Validity – a judgment is deemed (1) if ∆ had proper notice, (2) if the requisites of PJ were satisfied, (3) and if the rendering court had SMJ over the controversy; No fraud, duress or mistake On the Merits – a final judgment for π is always on the merits; if a final judgment for ∆ on procedural grounds (i.e. lack of PJ) then not on the merits. Restatement – a judgment in favor of a ∆, although valid & final, will not trigger claim preclusion: (a) when the judgment is one of dismissal for lack of jurisdiction, for improper venue, or for nonjoinder or misjoinder of parties; or (b) when the π agrees or elects a nonsuit (or voluntary dismissal) w/o prejudice or the court directs that the π be nonsuited (or that the action be otherwise dismissed) w/o prejudice; or (c) when by statute or rule of court the judgment does not operate as a bar to another action on the same claim, or does not so operate unless the court specifies, & no such specification is made. Similarly, a valid & final personal judgment for the ∆, which rests on the prematurity of the action or on the π’s failure to satisfy a precondition to suit, does not bar another action by the π instituted after the claim has matured, or the precondition has been satisfied, unless a 2nd action is precluded by operation of the substantive law. Same Parties or Those in Privity w/ Them Literally same parties in 2nd case as 1st Adverse to each other on the claim in both cases Same capacity (trustee; party; individual) Privity – 3 types of relationships Successive interest of real or personal property Relationships that intertwine the substantive legal interests as a party or nonparty (intertwined legal interests) [bailor/bailee; employer/employee vicarious liability] **relationship is such that the other party should be benefited or burdened by the judgment**
Civil-Procedure-Ides-2012.docx