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

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Burden of proof

General: On party asserting the

judgment as a bar.

Exception: On assertion of

collateral estoppel, party against

whom asserted has burden of

showing lack of full and fair

opportunity to litigate issue.

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Burden of proof General: On party asserting the judgment as a bar. Exception: On assertion of collateral estoppel, party against whom asserted has burden of showing lack of full and fair opportunity to litigate issue.

Final Judgment Interlocutory orders Effect of appeal Erroneous judgment Void judgment

Page 1 and 2: RES JUDICATA AND COLLATERAL ESTOPPE
Page 3 and 4: Res Judicata “A thing decided.
Page 5: Applications Defensive and of
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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