Under issue preclusion, which condition is required for an issue to be precluded?

Under issue preclusion, which condition is required for an issue to be precluded?

• A. It was actually litigated and decided
• B. The issue was never litigated
• C. The issue was decided in a different case
• D. The issue was merely pleaded

Answer: (A)

The crucial idea is that issue preclusion applies only when the exact issue was actually litigated and decided in a prior judgment. It isn’t enough for the issue to have been raised or mentioned; there must have been a genuine contest with evidence and argument, and the court must have resolved the issue in a final decision on the merits. This ensures the prior adjudication truly settles the matter for subsequent cases. If the issue was never litigated, or was only pleaded, or was resolved in a way that didn’t adjudicate the specific contested element, it cannot be precluded. The prior judgment also needs to be final and the party against whom preclusion is invoked must have had a fair opportunity to litigate. That’s why the correct condition is that the issue was actually litigated and decided.

The crucial idea is that issue preclusion applies only when the exact issue was actually litigated and decided in a prior judgment. It isn’t enough for the issue to have been raised or mentioned; there must have been a genuine contest with evidence and argument, and the court must have resolved the issue in a final decision on the merits. This ensures the prior adjudication truly settles the matter for subsequent cases. If the issue was never litigated, or was only pleaded, or was resolved in a way that didn’t adjudicate the specific contested element, it cannot be precluded. The prior judgment also needs to be final and the party against whom preclusion is invoked must have had a fair opportunity to litigate.

That’s why the correct condition is that the issue was actually litigated and decided.