Civil Procedure Multistate Bar Practice Exam

In nonmutual defensive issue preclusion, who is typically the individual using the preclusion?

1. A party who won in case 1

2. A party involved in case 1 as a plaintiff

3. A defendant in case 2 who was not a party to case 1

4. A witness from case 1

The correct answer is: A defendant in case 2 who was not a party to case 1

In nonmutual defensive issue preclusion, it is typically the defendant in case 2 who was not a party to case 1 that utilizes the preclusion. This doctrine allows a defendant to prevent a plaintiff from relitigating an issue that has already been settled in a previous lawsuit where the same issue was essential to the judgment. This mechanism serves to enhance judicial efficiency by avoiding duplicative litigation over issues that have already been conclusively determined. It is particularly applicable in situations where the defendant in the second case was not involved in the first, allowing them to benefit from the prior judgment. By asserting nonmutual defensive issue preclusion, the defendant can argue that the issue has already been decided, thus preventing the plaintiff from arguing otherwise in the new case. The other parties mentioned in the context of the options do not typically use this preclusion in the same manner. A party who won in case 1, for instance, would not need to assert this doctrine as their victory stands; similarly, a plaintiff from case 1 would not employ this doctrine as the plaintiff is usually seeking to establish their claim rather than defend against one. A witness from case 1 does not have standing to invoke issue preclusion since they are not a party to