Purchase a course multi-pack for yourself or a friend and save up to 50%!
5-COURSE MULTI-PACK $180
10-COURSE MULTI-PACK $300
Accelerated 1-year bachelor's program
Question 1
Res judicata is often referred to as:
Correct
Incorrect!
Correct Res judicata is the doctrine that states that a case that was litigated once should not have to be re-litigated again. Thus the new section claimsection is section precluded.section
Incorrect! Res judicata is the doctrine that states that a case that was litigated once should not have to be re-litigated again. Thus the new section claimsection is section precluded.section
Correct
Incorrect!
Correct
Incorrect!
Question 2
Collateral estoppel is often referred to as:
Correct Collateral estoppel is the doctrine that states that an issue that was litigated and decided once should not have to be re-decided again. Thus, bringing up and re-litigating the issue is precluded.
Incorrect! Collateral estoppel is the doctrine that states that an issue that was litigated and decided once should not have to be re-decided again. Thus, bringing up and re-litigating the issue is precluded.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Joe and Bob enter into a contract whereby Bob promises to sell Joe his house. Bob later refuses to sell the house. Joe brings a cause of action against Bob for breach of contract and only alleges that he has lost the fee he paid his real estate broker. A jury determines that Bob is liable. Two years later, Joe brings a cause of action against Bob for monetary damages he sustained when Bob refused to sell Joe his home, thereby breaching the contract. The specific damages Joe alleges in the second action are moneys he had to expend canceling his moving contract. Bob asserts the doctrine of res judicata. How is the court likely to rule?
Correct Joe could have brought the claim for the damages relating to the expenses of the moving contract in the first action. Therefore, the doctrine of res judicata applies, barring the claim from the second action.
Incorrect! Joe could have brought the claim for the damages relating to the expenses of the moving contract in the first action. Therefore, the doctrine of res judicata applies, barring the claim from the second action.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Joe and Bob enter into a contract whereby Bob promises to sell Joe his house. Bob later refuses to sell the house. Joe brings a cause of action against Bob for breach of contract and only alleges that he has lost the fee he paid his real estate broker. The judge grants Bob's motion to dismiss for improper service of process. Two years later, Joe brings a cause of action against Bob for monetary damages he sustained when Bob refused to sell Joe his home, thereby breaching the contract. The specific damages Joe alleges in the second action are moneys he had to expend canceling his moving contract. Bob asserts the doctrine of res judicata. How is the court likely to rule?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct One requirement that must be satisfied before res judicata is applied is that the first action be adjudicated on the merits. Here, the first action was dismissed for improper service, which has nothing to do with the merits or facts of the case. Therefore, the second action cannot be barred by res judicata.
Incorrect! One requirement that must be satisfied before res judicata is applied is that the first action be adjudicated on the merits. Here, the first action was dismissed for improper service, which has nothing to do with the merits or facts of the case. Therefore, the second action cannot be barred by res judicata.
Question 5
Joe and Bob enter into a contract whereby Bob promises to sell Joe his house. Bob later refuses to sell the house. Joe brings a cause of action against Bob for breach of contract and only alleges that he has lost the fee he paid his real estate broker. The jury decides that Bob is liable to Joe for damages. A year later, Joe brings an action against his real estate broker for breach of contract concerning the intended sale of Bob's house to Joe. The real estate broker seeks to invoke the doctrine of collateral estoppel. How is a court likely to rule?
Correct
Incorrect!
Correct
Incorrect!
Correct The parties are not identical or in privity. Therefore, the doctrine of res judicata cannot be applied.
Incorrect! The parties are not identical or in privity. Therefore, the doctrine of res judicata cannot be applied.