Civil Procedure: Preclusion in Civil Actions

by
Edition: 1st
Format: Paperback
Pub. Date: 2001-08-01
Publisher(s): West Academic
List Price: $29.00

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Summary

Civil Procedure: Preclusion in Civil Actions begins with an exploration of the theoretical basis for the principle of preclusion in civil litigation. Part II will then develop the basic rules of preclusion that apply when the second action is between the same parties and occurs in the same jurisdiction as the first. Part III focuses on the difficulties of determining when and to what extent each party in the second action is either ?the same? as one of the parties in the first, or w as sufficiently represented by one of the parties in the first proceeding to bring into play the rule s developed in Part II. (This part will include discussion of problems of preclusion in the context of class actions.) Part IV then expands the inquiry to consideration of the effect of a judgment on non-parties to the first proceeding, and finally, Part V will explore the inter-jurisdictional aspects of the law of preclusion.

Table of Contents

About the Author vii
Preface 1(4)
Introduction
5(17)
Scope
5(4)
Terminology
9(2)
The Rationale of the Doctrine of Preclusion
11(7)
The Structure of this Essay
18(4)
Preclusion in a Subsequent Action Between the Same Parties in the Same Jurisdiction
22(52)
Introduction
22(1)
Prerequisites of Recognition: Validity and Finality
23(9)
Claim Preclusion
32(14)
Issue Preclusion
46(14)
Cases in Which the First Proceeding Was Not a Coercive Civil Action Brought in a Court Exercising Personal Jurisdiction Over the Defendant
60(8)
The Definition of a ``Party''
68(3)
Procedural Issues
71(3)
Application of the Rules of Preclusion to Those Not Parties to the Prior Action
74(45)
Introduction
74(1)
Persons and Entities Treated ``As If'' They Were Parties
75(22)
Other Non-parties
97(22)
Interjurisdictional Preclusion
119(48)
Introduction
119(2)
When F--1 Is a Tribunal of One State and F-2 Is a Tribunal of a Sister State
121(14)
When F-1 Is a State Tribunal and F-2 Is a Federal Tribunal
135(9)
When F-1 Is a Federal Tribunal
144(9)
When F-1 Is a Tribunal of a Foreign Country and F-2 Is a Federal or State Tribunal in the United States
153(14)
Table of Cases 167(4)
Index 171

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