IL Bar Practice Questions - Illinois Bar Examination Exam

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A plaintiff sues a defendant and loses on the merits after a full trial. The plaintiff then files a second suit against the same defendant asserting a different legal theory but arising from the same transaction. The defendant raises claim preclusion. How should the court rule?

The second suit may proceed because it asserts a new legal theory The second suit is barred by res judicata because it arises from the same transaction and could have been raised in the first suit The second suit is barred only if the plaintiff actually litigated the new theory before The second suit may proceed because claim preclusion applies only to defendants

Correct Answer:

The second suit is barred by res judicata because it arises from the same transaction and could have been raised in the first suit

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