Claim Versus Issue Preclusion Confusion
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
14216_retreat_shuttle · CIVIL_PROCEDURE · Choice ANo. Issue preclusion will not bind Lydia, but claim preclusion may bar her negligence claim.
Why it's attractive
It gets the nonparty issue-preclusion cut right, then wrongly reaches for claim preclusion.
Why it's wrong
It gets the nonparty issue-preclusion cut right, then wrongly reaches for claim preclusion.
14216_retreat_shuttle · CIVIL_PROCEDURE · Choice CYes. Lydia will be precluded from relitigating whether Barnabas negligently backed into the tent.
Why it's attractive
It treats an ambiguous general verdict as a clear decision against a later nonparty.
Why it's wrong
It treats an ambiguous general verdict as a clear decision against a later nonparty.
14216_retreat_shuttle · CIVIL_PROCEDURE · Choice DYes. Barnabas will be precluded from relitigating whether he negligently backed into the tent.
Why it's attractive
It treats party status alone as enough for issue preclusion.
Why it's wrong
It treats party status alone as enough for issue preclusion.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
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