Civil Procedure: Preclusion in Civil Actions (Turning Point)

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.