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Source Claim Preclusion Claim Preclusion Matched to this deck.

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0 tracked cards Civil Procedure

A plaintiff loses a final judgment on the merits. Instead of appealing, the plaintiff files a second suit on the same transaction and argues that the first judge misunderstood the law.
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A final judgment has no effect unless every appellate court writes an opinion. Claim preclusion applies only to perfectly reasoned judgments. A final judgment generally has claim-preclusive effect even if the judgment may have been legally wrong, unless it is set aside through direct review or another recognized procedure. A party may relitigate the same claim by changing the caption of the complaint.

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