Exceptions to Issue Preclusion
1. Look through the exceptions to issue preclusion stated in the
(Second) of Judgments
2. Was Moser really an example of a mixed question of law and fact?
3. Why do pure issues of law have no issue preclusive effect?
4. D is acquitted of resisting arrest. The gov’t subsequently sues D
civilly for damages to the arresting officer. An essential element of
the government's civil case is that D resisted arrest. Is the gov't
issue precluded concerning D having resisted arrest?
5. In Illinois, the plaintiff suing for negligence has burden of
production and persuasion concerning his own lack of contributory
negligence. P sues D for negligence and loses on ground that he could
not satisfy these burdens concerning his own lack of negligence.
Subsequently X (another person in the accident) sues P for negligence.
Can X issue preclude P from relitigating his negligence in the accident?
6. P sues D to recover for property damage in small claims court with a
jurisdictional maximum of $500 and which operates informally without
pleadings, counsel, or rules of evidence. D is found negligent. In a
subsequent action by D against P for $10,000 for personal injuries
arising out of the same accident, is D issue precluded concerning his
7. Business A sues gov’t. It determined that the widgets it imports do
not have to have an import duty. Subsequently the government sues
business B, where it is determined that the same type of widgets do
have an import duty. The gov't then sues A to make it pay an import
duty going forward. Is the government issue precluded?