Welcome back to the Bar Exam Toolbox podcast! As part of our “Listen and Learn” series, today we’re focusing on one of the newest additions to the MBE portion of the bar exam: Civil Procedure. In particular, we take a look at claim preclusion and issue preclusion, also known as res judicata and collateral estoppel.
In this episode we discuss:
- A review of the categories of Civil Procedure questions on the bar exam
- The rule and elements of claim preclusion (or res judicata)
- The rule and elements of issue preclusion (or collateral estoppel)
- Invoking claim preclusion or issue preclusion as a defense, or offensively by a plaintiff
- Illustrating res judicata and collateral estoppel with two sample questions