11. Comparing Issue to Claim Preclusion

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Last updated 1:05 AM on 4/17/26
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5 Terms

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Claim Preclusion (Res Judicata): What does it bar?

The entire second lawsuit is barred

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Issue Preclusion (Collateral Estoppel): What does it bar?

Specific factual or legal issues already decided cannot be re-argued

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Claim Preclusion (Res Judicata): What does it cover?

Covers all claims that were raised OR COULD HAVE BEEN raised in the first case.

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Issue Preclusion (Collateral Estoppel): What does it cover?

Applies even in a different lawsuit between different (or the same) parties

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What’s the policy rationale behind preclusion?

(1) Efficiency — combine related claims into one case.

(2) Consistency — prevent courts from reaching contradictory decisions on the same facts

(3) Finality & Reliance — parties need to arrange their affairs without the threat of endless re-litigation. ("With broad pleading comes broad preclusion.")