DC Bar Practice Questions - District Of Columbia Bar Examination Exam

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A claimant seeks to assert collateral estoppel (issue preclusion) offensively against a defendant who lost an identical issue in prior litigation. Issue preclusion requires, among other things, that:

The same claim be reasserted The party seeking estoppel be the same as in the prior case The issue be identical, actually litigated and determined, and essential to a valid final judgment in the prior action The prior court be a federal court

Correct Answer:

The issue be identical, actually litigated and determined, and essential to a valid final judgment in the prior action

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