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Podcast Episode 148: Listen and Learn — Claim and Issue Preclusion (Civil Procedure)

October 12, 2021 By Bar Exam Toolbox Leave a Comment

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

Thanks for listening!

Listen Now:

To listen now, just click on the arrow above.

Resources:

  • “Listen and Learn” series
  • Private Bar Exam Tutoring
  • The Brainy Bar Bank: Streamlining Bar Study
  • Examples & Explanations: Civil Procedure, by Joseph W. Glannon
  • Podcast Episode 33: Tackling an MEE Civil Procedure Question
  • Podcast Episode 72: Tackling a California Bar Exam Essay: Civil Procedure
  • Frequently Tested Topics on the California Bar Exam vs the UBE: Civil Procedure
  • Are You Ready for Civil Procedure on the MBE?

Prefer to read? Download the Transcript

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Want to pass the bar exam? Of course you do! We’re here to help. You’ll find lots of helpful free content at Bar Exam 101, in the Bar Exam Resource Hub, and on the Bar Exam Toolbox podcast. For more hands-on help, take a look at our courses and workshops and bar exam tutoring options. Please get in touch with any questions!

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