Civil Procedure Multistate Bar Practice Exam

What is a requirement for claim preclusion to apply?

1. Same defendant suing different claimants

2. Different claims against the same defendant

3. Same claimant suing same defendant

4. Valid, final judgment on the appeal

The correct answer is: Same claimant suing same defendant

For claim preclusion, also known as res judicata, to apply, it is essential that the same claimant is suing the same defendant. This principle ensures that once a final judgment has been reached in a suit, the same parties cannot revisit the same claim, which promotes judicial efficiency and finality in litigation. The core idea behind this requirement is to prevent parties from relitigating matters that have already been decided, thereby conserving judicial resources and avoiding inconsistent verdicts. When the same claimant brings a suit against the same defendant, any legal claims or issues that were raised or could have been raised in that original action may not be brought again in subsequent litigation. The other options focus on scenarios that do not fulfill the prerequisites for claim preclusion. For example, having different claims against the same defendant or a different claimant does not satisfy the requirement for claim preclusion, as they involve different parties or different claims than those previously litigated. Furthermore, while a valid, final judgment is necessary for claim preclusion to be invoked, it must indeed come from a claim involving the same parties. Thus, the focus on the same claimant suing the same defendant is crucial for understanding how claim preclusion operates.