res judicata and collateral estoppel - North Carolina Business ...

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Collateral Estoppel

Requirements

Prior final judgment on the merits

Identity of issue

Issue necessary to judgment

Issue actually litigated

Issue actually determined

(See Youse v. Duke Energy Corp., 171

N.C.App. 187, __, 614 S.E.2d 396, 401

(2005).

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Collateral Estoppel Requirements Prior final judgment on the merits Identity of issue Issue necessary to judgment Issue actually litigated Issue actually determined (See Youse v. Duke Energy Corp., 171 N.C.App. 187, __, 614 S.E.2d 396, 401 (2005).

Applications Defensive and offensive Criminal and civil Administrative law Arbitration Claims and defenses Issues of fact and law

Page 1 and 2: RES JUDICATA AND COLLATERAL ESTOPPE
Page 3: Res Judicata “A thing decided.
Page 7 and 8: Final Judgment Interlocutory or
Page 9 and 10: On the Merits (cont’d) Involunta
Page 11 and 12: Privity (cont’d) Appears as req
Page 13 and 14: Identity of claim (cont’d) Tra
Page 15 and 16: Closing observation Neither res jud
Page 17: Well, Yogi, it’s over now!

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